
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Page 23328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09632]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0002 (PDA-36(R))]


Pittsburgh, Pennsylvania Permit Requirements for Transportation 
of Hazardous Material

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

ACTION: Notice.

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SUMMARY: In accordance with statutory requirements, PHMSA is publishing 
a notice of delay in processing the American Trucking Associations, 
Inc.'s (ATA) application for a preemption determination concerning 
requirements of the City of Pittsburgh, Pennsylvania for a permit to 
transport hazardous materials by motor vehicle and the fee to obtain 
the permit. PHMSA is conducting fact-finding and legal analysis in 
response to the request, and is delaying issuance of its determination 
in order to allow time for appropriate consideration of the issues 
raised by the application.

FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief Counsel 
(PHC-10), 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 City of Pittsburgh, Pennsylvania for a permit to transport 
hazardous materials by motor vehicle and the fee to obtain the permit. 
PHMSA published notice of ATA's application in the Federal Register on 
April 17, 2014. 79 FR 21840.
    Title 49 U.S.C. 5125(d)(1) requires PHMSA to issue a decision on an 
application for a preemption determination ``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 
Register of the reason why the Secretary's decision on the application 
is delayed, along with an estimate of the additional time necessary 
before a decision is made.''
    ATA's application for a preemption determination is still under 
consideration by PHMSA. The Agency is currently conducting fact-finding 
and legal analysis in response to the application. Because of this 
additional fact-finding and legal analysis, it was impracticable to 
issue a decision within the 180-day timeframe. In order to allow time 
for full consideration of the issues raised by the application, PHMSA 
delays issuance of its determination, and estimates a decision will be 
published in approximately 120 days.

    Issued in Washington, DC, on April 21, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-09632 Filed 4-24-15; 8:45 am]
BILLING CODE 4910-60-P


