80_FR_68595 80 FR 68382 - Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials

80 FR 68382 - Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 213 (November 4, 2015)

Page Range68382-68383
FR Document2015-28012

PHMSA is extending the period for comments on the American Trucking Associations, Inc.'s (ATA) application for a preemption determination concerning the requirements of the New York City Fire Department for a permit to transport certain hazardous materials by motor vehicles through New York City, or for transshipment from New York City, and the fee for the permit.

Federal Register, Volume 80 Issue 213 (Wednesday, November 4, 2015) 
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68382-68383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28012]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0003; PDA-37(R)]


Hazardous Materials: New York City Permit Requirements for 
Transportation of Certain Hazardous Materials

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice, and extension of comment period.

-----------------------------------------------------------------------

SUMMARY: PHMSA is extending the period for comments on the American 
Trucking Associations, Inc.'s (ATA) application for a preemption 
determination concerning the requirements of the New York City Fire 
Department for a permit to transport certain hazardous materials by 
motor vehicles through New York City, or for transshipment from New 
York City, and the fee for the permit.

DATES: Comments received on or before December 4, 2015 will be 
considered before an administrative determination is issued by PHMSA's 
Chief Counsel.

ADDRESSES: All documents in this proceeding, including the comments 
submitted by the New York City Fire Department (FDNY), may be reviewed 
in the Docket Operations Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590. All documents in this 
proceeding are also available on the U.S. Government Regulations.gov 
Web site: http://www.regulations.gov. Comments must refer to Docket No. 
PHMSA-2014-0003 and may be submitted to the docket in writing or

[[Page 68383]]

electronically. Mail or hand deliver three copies of each written 
comment to the above address. If you wish to receive confirmation of 
receipt of your comments, include a self-addressed, stamped postcard. 
To submit comments electronically, log onto the U.S. Government 
Regulations.gov Web site: http://www.regulations.gov. Use the Search 
Documents section of the home page and follow the instructions for 
submitting comments. Anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (70 FR 19477-78), or you may visit http://www.dot.gov.

FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief 
Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Washington, 
DC 20590; Telephone No. 202-366-4400; Facsimile No. 202-366-7041.

SUPPLEMENTARY INFORMATION: ATA applied for an administrative 
determination concerning whether Federal hazardous material 
transportation law, 49 U.S.C. 5101 et seq., preempts requirements of 
the New York City Fire Department for a permit to transport certain 
hazardous materials by motor vehicle through New York City, or for 
transshipment from New York City, and the fee for the permit. PHMSA 
published notice of ATA's application in the Federal Register on April 
17, 2014. 79 FR 21838. On June 2, 2014, the comment period closed 
without any interested parties submitting comments. On April 27, 2015, 
we published a notice of delay in processing ATA's application in order 
to conduct additional fact-finding and legal analysis in response to 
the application. 80 FR 23328. In order to ensure PHMSA has all of the 
relevant information before making a determination, we sent a letter to 
the FDNY and requested that it submit comments as to whether Federal 
hazardous material transportation law preempts the New York City 
requirements that are the subject of this proceeding. On August 20, 
2015, the FDNY submitted its comments on ATA's application. Therefore, 
on October 1, 2015, we published a notice announcing that we were 
reopening the comment period in the proceeding to provide interested 
parties the opportunity to address any of the issues raised by the FDNY 
in its comments. 80 FR 59244. On October 21, 2015, ATA asked us for an 
extension of time in which to file comments, and after review of ATA's 
request, we have granted its request.

    Issued in Washington, DC, on October 29, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-28012 Filed 11-3-15; 8:45 am]
 BILLING CODE 4910-60-P

68382 Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices the EIS are invited from all interested 3. Mail: U.S. Department of Respondents: Bus manufacturers and parties and should be directed to the Transportation, 1200 New Jersey FTA grantees. FRA at the address provided above. Avenue SE., Docket Operations, M–30, Estimated Annual Burden on Issued in Washington, DC, on October 30, West Building, Ground Floor, Room Respondents: 28 partial testing 2015. W12–140, Washington, DC 20590–0001. determination requests at 1.71 hours David Valenstein, 4. Hand Delivery: U.S. Department of each and 18 test requests at 9 hours Transportation, 1200 New Jersey each. Division Chief, Environment and Corridor Planning. Avenue SE., Docket Operations, M–30, Estimated Total Time to Complete West Building, Ground Floor, Room New Bus Model Testing Application: 45 [FR Doc. 2015–28079 Filed 11–3–15; 8:45 am] W12–140, Washington, DC 20590–0001 mins. BILLING CODE 4910–06–P between 9:00 a.m. and 5:00 p.m., Estimated Total Annual Burden: 210 Monday through Friday, except federal hours. holidays. Frequency: On occasion. DEPARTMENT OF TRANSPORTATION Instructions: You must include the agency name and docket number for this Matthew Crouch, Federal Transit Administration Associate Administrator for Administration notice at the beginning of your [FTA Docket No. 2015–0031] comments. Submit two copies of your and Chief Information Officer. comments if you submit them by mail. [FR Doc. 2015–28000 Filed 11–3–15; 8:45 am] Notice of Request for the Extension of For confirmation that FTA has received BILLING CODE P a Currently Approved Information your comments, include a self- Collection addressed stamped postcard. Note that all comments received, including any DEPARTMENT OF TRANSPORTATION AGENCY: Federal Transit Administration, DOT. personal information, will be posted Pipeline and Hazardous Materials ACTION: Notice of request for comments. and will be available to Internet users, Safety Administration without change, to www.regulations.gov. SUMMARY: In accordance with the You may review DOT’s complete [Docket No. PHMSA–2014–0003; PDA– Paperwork Reduction Act of 1995, this Privacy Act Statement in the Federal 37(R)] notice announces the intention of the Register published April 11, 2000, (65 FR 19477), or you may visit Hazardous Materials: New York City Federal Transit Administration (FTA) to www.regulations.gov. Docket: For access Permit Requirements for request the Office of Management and to the docket to read background Transportation of Certain Hazardous Budget (OMB) to renew the following documents and comments received, go Materials information collection: to www.regulations.gov at any time. AGENCY: Pipeline and Hazardous Bus Testing Program Background documents and comments Materials Safety Administration OMB Control No.: 2132–0550. received may also be viewed at the U.S. (PHMSA), DOT. The information to be collected for Department of Transportation, 1200 ACTION: Notice, and extension of the Bus Testing Program is necessary to New Jersey Avenue SE., Docket comment period. ensure that buses have been tested at the Operations, M–30, West Building, Bus Testing Center for maintainability, Ground Floor, Room W12–140, SUMMARY: PHMSA is extending the reliability, safety, performance Washington, DC 20590–0001 between period for comments on the American (including breaking performance), 9:00 a.m. and 5:00 p.m., Monday Trucking Associations, Inc.’s (ATA) structural integrity, fuel economy, through Friday, except federal holidays. application for a preemption emissions, and noise. Specifically, this FOR FURTHER INFORMATION CONTACT: determination concerning the notice invites comment on FTA’s Requests for additional information or a requirements of the New York City Fire proposal to adopt new streamlined draft copy of the application for entry Department for a permit to transport online procedures for accepting and into the New Bus Model Testing certain hazardous materials by motor reviewing applications for entry into the Program should be directed to—Mr. vehicles through New York City, or for New Bus Model Testing Program. Gregory Rymarz, Office of Research, transshipment from New York City, and DATES: Comments must be submitted Demonstration and Innovation (202) the fee for the permit. before January 4, 2016. 366–6410, or email: gregory.rymarz@ DATES: Comments received on or before ADDRESSES: To ensure that your dot.gov. December 4, 2015 will be considered comments are not entered more than SUPPLEMENTARY INFORMATION: Interested before an administrative determination once into the docket, submit comments parties are invited to send comments is issued by PHMSA’s Chief Counsel. identified by the docket number by only regarding any aspect of this information ADDRESSES: All documents in this one of the following methods: collection, including: (1) The necessity proceeding, including the comments 1. Web site: www.regulations.gov. and utility of the information collection submitted by the New York City Fire Follow the instructions for submitting for the proper performance of the Department (FDNY), may be reviewed comments on the U.S. Government functions of the FTA; (2) the accuracy in the Docket Operations Facility (M– electronic docket site. (Note: The U.S. of the estimated burden; (3) ways to 30), U.S. Department of Transportation, Department of Transportation’s (DOT’s) enhance the quality, utility, and clarity West Building Ground Floor, Room asabaliauskas on DSK5VPTVN1PROD with NOTICES electronic docket is no longer accepting of the collected information; and (4) W12–140, 1200 New Jersey Avenue SE., electronic comments.) All electronic ways to minimize the collection burden Washington, DC 20590. All documents submissions must be made to the U.S. without reducing the quality of the in this proceeding are also available on Government electronic docket site at collected information. Comments the U.S. Government Regulations.gov www.regulations.gov. Commenters submitted in response to this notice will Web site: http://www.regulations.gov. should follow the directions below for be summarized and/or included in the Comments must refer to Docket No. mailed and hand-delivered comments. request for OMB approval of this PHMSA–2014–0003 and may be 2. Fax: 202–493–2251. information collection. submitted to the docket in writing or VerDate Sep<11>2014 17:00 Nov 03, 2015 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1

Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices 68383 electronically. Mail or hand deliver opportunity to address any of the issues a petition to revoke will not three copies of each written comment to raised by the FDNY in its comments. 80 automatically stay the effectiveness of the above address. If you wish to receive FR 59244. On October 21, 2015, ATA the exemption. Petitions for stay must confirmation of receipt of your asked us for an extension of time in be filed no later than November 10, comments, include a self-addressed, which to file comments, and after 2015 (at least seven days before the stamped postcard. To submit comments review of ATA’s request, we have exemption becomes effective). electronically, log onto the U.S. granted its request. An original and 10 copies of all Government Regulations.gov Web site: Issued in Washington, DC, on October 29, pleadings, referring to Docket No. FD http://www.regulations.gov. Use the 2015. 35947 must be filed with the Surface Search Documents section of the home Joseph Solomey, Transportation Board, 395 E Street SW., page and follow the instructions for Senior Assistant Chief Counsel. Washington, DC 20423–0001. In submitting comments. Anyone is able to addition, one copy of each pleading [FR Doc. 2015–28012 Filed 11–3–15; 8:45 am] search the electronic form of all must be served on Karl Morell, Karl BILLING CODE 4910–60–P comments received into any of our Morell & Associates, 655 Fifteenth dockets by the name of the individual Street NW., Suite 225, Washington, DC submitting the comment (or signing the DEPARTMENT OF TRANSPORTATION 20005. comment, if submitted on behalf of an Board decisions and notices are association, business, labor union, etc.). Surface Transportation Board available on our Web site at You may review DOT’s complete www.stb.dot.gov. [Docket No. FD 35947] Privacy Act Statement in the Federal Decided: October 30, 2015. Register published on April 11, 2000 Cicero Central Railroad, L.L.C.—Lease By the Board, Rachel D. Campbell, (70 FR 19477–78), or you may visit Exemption—Illinois Central Railroad Director, Office of Proceedings. http://www.dot.gov. Company Tia Delano, FOR FURTHER INFORMATION CONTACT: Cicero Central Railroad, L.L.C. (CCR),1 Clearance Clerk. Vincent Lopez, Office of Chief Counsel, a noncarrier, has filed a verified notice [FR Doc. 2015–28044 Filed 11–3–15; 8:45 am] Pipeline and Hazardous Materials Safety Administration, U.S. Department of of exemption under 49 CFR 1150.31 to BILLING CODE 4915–01–P Transportation, 1200 New Jersey lease from Illinois Central Railroad Avenue SE., Washington, DC 20590; Company (IC), and to operate, approximately 5,675 feet of rail line DEPARTMENT OF TRANSPORTATION Telephone No. 202–366–4400; Facsimile No. 202–366–7041. between the western edge of Cicero Surface Transportation Board SUPPLEMENTARY INFORMATION: ATA Avenue and the eastern edge of the applied for an administrative Central Avenue overpass at or near [Docket No. FD 35948] determination concerning whether Stickney, Ill. This transaction is related to a Watco Holdings, Inc.—Continuance in Federal hazardous material Control Exemption—Cicero Central transportation law, 49 U.S.C. 5101 et concurrently filed verified notice of exemption in Watco Holdings, Inc.— Railroad, L.L.C. seq., preempts requirements of the New York City Fire Department for a permit Continuance in Control Exemption— Watco Holdings, Inc. (Watco), a to transport certain hazardous materials Cicero Central Railroad, Docket No. FD noncarrier, has filed a verified notice of by motor vehicle through New York 35948, wherein Watco Holdings, Inc. exemption pursuant to 49 CFR City, or for transshipment from New seeks Board approval under 49 CFR 1180.2(d)(2) to continue in control of York City, and the fee for the permit. 1180.2(d)(2) to continue in control of Cicero Central Railroad, L.L.C. (CCR), PHMSA published notice of ATA’s CCR, upon CCR’s becoming a Class III upon CCR’s becoming a Class III rail application in the Federal Register on rail carrier. carrier. Watco owns, indirectly, 100 CCR states that the agreement April 17, 2014. 79 FR 21838. On June percent of the issued and outstanding between CCR and IC does not contain 2, 2014, the comment period closed stock of CCR, a limited liability any provision that prohibits CCR from without any interested parties company. interchanging traffic with a third party submitting comments. On April 27, This transaction is related to a or limits CCR’s ability to interchange 2015, we published a notice of delay in concurrently filed verified notice of with a third party. processing ATA’s application in order CCR has certified that its projected exemption in Cicero Central Railroad— to conduct additional fact-finding and annual revenues as a result of this Lease Exemption—Illinois Central legal analysis in response to the transaction will not result in CCR’s Railroad, Docket No. FD 35947, wherein application. 80 FR 23328. In order to becoming a Class II or Class I rail CCR seeks Board approval to lease and ensure PHMSA has all of the relevant carrier, and that its projected annual operate approximately 5,675 feet of rail information before making a revenues as a result of this transaction line between the western edge of Cicero determination, we sent a letter to the will not exceed $5 million. Avenue and the eastern edge of the FDNY and requested that it submit This transaction may be Central Avenue overpass at or near comments as to whether Federal consummated on or after November 18, Stickney, Ill. hazardous material transportation law 2015, the effective date of the exemption The transaction may be consummated preempts the New York City on or after November 18, 2015, the asabaliauskas on DSK5VPTVN1PROD with NOTICES (30 days after the exemption was filed). requirements that are the subject of this If the notice contains false or effective date of the exemption (30 days proceeding. On August 20, 2015, the misleading information, the exemption after the notice of exemption was filed). FDNY submitted its comments on is void ab initio. Petitions to revoke the Watco is a Kansas corporation that ATA’s application. Therefore, on exemption under 49 U.S.C. 10502(d) currently controls, indirectly, one Class October 1, 2015, we published a notice may be filed at any time. The filing of II rail carrier and 32 Class III rail announcing that we were reopening the carriers, collectively operating in 23 comment period in the proceeding to 1 CCR is a wholly owned subsidiary of Watco states. For a complete list of these rail provide interested parties the Holdings, Inc. carriers, and the states in which they VerDate Sep<11>2014 17:00 Nov 03, 2015 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1


Document Created: 2018-03-01 11:28:20
Document Modified: 2018-03-01 11:28:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice, and extension of comment period.
DatesComments received on or before December 4, 2015 will be considered before an administrative determination is issued by PHMSA's Chief Counsel.
ContactVincent Lopez, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; Telephone No. 202-366-4400; Facsimile No. 202-366-7041.
FR Citation80 FR 68382 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR