
[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Notices]               
[Page 9328-9329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr09-137]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0204]

 
Notice of Delay in Processing the Applications by American 
Trucking Associations, Inc. and the Massachusetts Department of 
Highways for a Preemption Determination Concerning the City of Boston's 
Hazardous Materials Routing Restrictions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: In accordance with statutory requirements, FMCSA is publishing 
a notice of delay in processing the American Trucking Associations, 
Inc.'s (ATA) and the Massachusetts Department of Highways' applications 
for a preemption determination concerning the City of Boston's 
restrictions regarding highway routing of certain hazardous materials. 
FMCSA is conducting fact-finding and legal analysis in response to the 
consolidated requests, and is delaying issuance of its determination in 
order to allow time for appropriate consideration of the issues raised 
by the applications.

FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous 
Materials Division (MC-ECH), (202) 493-0496; Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590, or at james.simmons@dot.gov.

SUPPLEMENTARY INFORMATION: ATA and the Massachusetts Department of 
Highways applied for an administrative determination concerning whether 
Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., 
and FMCSA regulations, 49 CFR part 397, preempt certain hazardous 
material routing requirements that have been established or modified by 
the City of Boston. FMCSA published notice of ATA's application in the 
Federal Register on August 8, 2008. 73 FR 46349. FMCSA published notice 
of Massachusetts Department of Highways' application in the Federal 
Register on September 2, 2008 (73 FR 51335), at which time both 
applications were consolidated into one docket.
    Title 49 U.S.C. 5125(d) requires FMCSA to issue a decision on the 
preemption applications ``within 180 days after the date of the 
publication of the notice of having received such application, or the 
Secretary shall publish a statement in the Federal

[[Page 9329]]

Register of the reason why the Secretary's decision on the application 
is delayed, along with an estimate of the additional time necessary 
before the decision is made.''
    The ATA and Massachusetts Department of Highways' applications for 
a preemption determination are still under consideration by FMCSA. The 
Agency currently is conducting fact-finding and legal analysis in 
response to the applications. Because of this additional fact-finding 
and legal analysis, it is impracticable to issue a decision within the 
180-day timeframe. In order to allow time for full consideration of the 
issues raised by the applications, FMCSA delays issuance of its 
determination, and estimates a decision will be published in 
approximately 120 days.

    Issued on: February 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-4453 Filed 3-2-09; 8:45 am]

BILLING CODE 4910-EX-P
