Thursday, April 17, 2014

PHMSA Publishes Two Preemption Determination Requests

The DOT Pipeline and Hazardous Material Safety Administration (PHMSA) published two notices in today’s Federal Register {79 FR 21838-21840 (NY); 79 FR 21840-21842 (PA)} concerning requests by the American Trucking Association for determination of preemption of hazardous material permitting rules in New York City and Pittsburgh, PA. A determination of preemption would mean that the cities could not require the permits in question nor collect the fees for those permits.

New York City

The ATA has asked PHMSA to determine if the Federal Hazmat Transportation Law (49 USC Chapter 51) preempts the hazardous material transportation permitting requirements of Section 2702-02 of Title 3 of the Rules of the City of New York.

Pittsburgh

The ATA has asked PHMSA to determine if the Federal Hazmat Transportation Law (49 USC Chapter 51) preempts the hazardous material transportation permitting requirements of Chapter 801 of Title 8 of the Pittsburgh Code, Fire Prevention.

Public Comments


PHMSA is soliciting public comments on both petitions. Comments may be submitted via the Federal eRulmaking Portal {www.Regulations.gov; Docket # PHMSA-2014-0003 (NY) or Docket # PHMSA-2014-0002 (PA)}. Comments should be submitted by July 16th, 2014.

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