
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Page 45219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16386]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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


Hazardous Materials: Pittsburgh, Pennsylvania Permit Requirements 
for Transportation of Hazardous Material

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

ACTION: Notice Dismissing Application and Closing the Docket.

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SUMMARY: The application for a determination of preemption is 
dismissed, and this docket is closed, because the City of Pittsburgh, 
Pennsylvania's permit and permit fee requirements are not being applied 
or enforced.

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: The American Trucking Associations, Inc. 
(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 (City) 
for a permit to transport hazardous materials by motor vehicle and the 
fee to obtain the permit. On April 7, 2014, PHMSA published a public 
notice and invitation to comment on ATA's application. 79 FR 21840. On 
June 2, 2014, the comment period closed without any parties submitting 
comments. On April 27, 2015, PHMSA 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. 
On July 6, 2015, PHMSA sent a letter to the City's Solicitor, and its 
Fire Chief, to encourage the city to participate in the proceeding. On 
July 20, 2015, the City responded to PHMSA's letter and informed the 
agency that the ``City of Pittsburgh at this time is not accepting 
applications for the `Transportation of Hazardous Materials' permit and 
has not done so since 2013.'' The City further stated that ``[n]o fees 
were collected for 2014 or 2015. For 2013, the City of Pittsburgh 
collected a total of $8,316.00 which was deposited into the City of 
Pittsburgh's General Fund.'' Thereafter, in a letter, dated March 11, 
2016, the City's Solicitor confirmed to PHMSA that the City had stopped 
enforcing its permit and fee requirements to transport hazardous 
materials in 2013, and further stated that it had no intention of 
taking it up again.
    In light of this information, ATA's application is hereby 
dismissed, and the docket is closed. In the future, if the City of 
Pittsburgh, Pennsylvania's permit and permit fee requirements are ever 
applied and enforced, ATA may again submit an application for a 
preemption determination.
    Applicable Federal Requirements: Federal hazardous material 
transportation law, 49 U.S.C. 5101 et seq., and the Hazardous Materials 
Regulations (HMR), 49 CFR parts 171-180.
    Mode Affected: Highway.

     Issued in Washington, DC, on July 6, 2016.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2016-16386 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-60-P


