Application by American Trucking Associations, Inc. for a Preemption Determination on the City of Boston's Routing and Transportation Restrictions Applicable to Certain Hazardous Materials, 46349-46350 [E8-18344]
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
Issued in Washington, DC, on July 31, 2008
Joe Hebert
Manager, Financial Analysis and Passenger
Facility Charge Branch
[FR Doc. E8–18134 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0204]
Application by American Trucking
Associations, Inc. for a Preemption
Determination on the City of Boston’s
Routing and Transportation
Restrictions Applicable to Certain
Hazardous Materials
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
preemption determination; request for
comments.
AGENCY:
SUMMARY: FMCSA provides notice and
invites interested parties to submit
comments on an application by the
American Trucking Associations, Inc.
(ATA) for an administrative
determination on whether Federal law
preempts highway routing designations
issued by the City of Boston (Boston)
restricting transportation of certain
hazardous materials. ATA submits that
Boston failed to comply with the
Federal routing requirements set in 49
CFR 397.71 and that such routing
designations are therefore preempted
under 49 U.S.C. 5125 and 49 CFR
397.69.
Comments received on or before
September 22, 2008 and rebuttal
comments received on or before
November 6, 2008 will be considered
before an administrative ruling is
issued. Rebuttal comments may discuss
only those issues raised by comments
received during the initial comment
period and may not discuss new issues.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2008–0204 by any of the following
methods:
• Web Site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
pwalker on PROD1PC71 with NOTICES
DATES:
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
https://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476; Apr. 11, 2000). This
information is also available at https://
Docketinfo.dot.gov.
Public Participation: The https://
www.regulations.gov Web site is
generally available 24 hours each day,
365 days each year. You can get
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov Web
site and also at the DOT’s https://
docketsinfo.dot.gov Web site. If you
want confirmation of receipt of your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT:
James O. Simmons, Chief, Hazardous
Materials Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590, or at james.simmons@dot.gov
(e-mail).
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46349
A copy of
each comment must also be sent to
Richard Moskowitz, Vice President and
Regulatory Affairs Counsel, American
Trucking Associations, 950 North Glebe
Road, Arlington, VA 22203. You are
required to include with your comments
a certification that you provided a copy
of your comments to Mr. Moskowitz.
(The following format is suggested: ‘‘I
certify copies of this comment were sent
to Mr. Moskowitz at the address
specified in the Federal Register.’’)
SUPPLEMENTARY INFORMATION:
Background
Title 49 U.S.C. 5125 includes several
preemption provisions. Section
5125(c)(1) allows a State or Indian tribe
to establish, maintain, or enforce a
highway routing designation over which
hazardous material may or may not be
transported by motor vehicles, or a
limitation or requirement related to
highway routing, only if the
designation, limitation, or requirement
complies with 49 U.S.C. 5112(b).
Section 5112(b) requires the Secretary
of Transportation (the Secretary), in
consultation with the States, to
prescribe by regulation standards for the
States and Indian tribes to follow when
designating specific highway routes for
transportation of hazardous materials.
The Secretary has delegated to the
Administrator of the FMCSA authority
and responsibility for highway routing
of hazardous materials. See 49 CFR
1.73(d)(2).
The standards required by 49 U.S.C.
5112(b) for establishing highway routing
requirements for non-radioactive
hazardous materials are set forth in 49
CFR part 397, subpart C, and apply to
any designations established or
modified on or after November 14, 1994.
See 49 CFR 397.69(a). A State or Indian
tribe must follow FMCSA standards
when establishing highway routing
requirements for hazardous materials.
See 49 CFR 397.71 (Federal standards
for routing of nonradioactive hazardous
materials (NRHM)). Except as provided
in §§ 397.75 (dispute resolution) and
397.219 (waiver), a NHRM route
designation made in violation of
§ 397.69(a) is preempted pursuant to
section 105(b)(4) of the Hazardous
Materials Transportation Act, as
amended, 49 U.S.C. 5125(c), 49 CFR
397.69(b).
ATA alleges that Boston, in the course
of the construction of the Central Artery
Tunnel (often referred to as the ‘‘Big
Dig’’), changed designated hazardous
materials routes through Boston and, in
doing so, failed to comply with the
requirements of § 397.71. ATA has
submitted an application for a
preemption determination pursuant to
E:\FR\FM\08AUN1.SGM
08AUN1
46350
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
the procedures set forth in 49 CFR part
397, subpart E—Preemption Procedures.
ATA requests that the FMCSA
Administrator make a determination on
whether the highway routing
designations established by Boston are
preempted pursuant to § 397.69(b). A
copy of the ATA application for
preemption determination is available
for review in the docket for this notice.
You may view or obtain a copy of the
application online by visiting https://
www.regulations.gov and going to the
docket number for this matter (FMCSA–
2008–0204).
Public Comments
FMCSA seeks comments on whether
49 CFR 397.69(b) preempts Boston’s
highway routing designations that are
being challenged by ATA. Comments
should specifically address the
preemption standard established under
49 CFR 397.69(b) and 49 U.S.C. 5125(c).
Issued on: August 1, 2008.
John H. Hill,
Administrator.
[FR Doc. E8–18344 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2008–0024]
Notice of Buy America Waiver for the
National Fuel Cell Bus Technology
Development Program
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Buy America waiver.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: On May 22, 2008, the Federal
Transit Administration (FTA) published
a Notice of Proposed Buy America
Waiver for the National Fuel Cell Bus
Technology Development Program (Fuel
Cell Bus Program). After careful review
of comments, FTA has decided to waive
its Buy America requirements for
projects funded under the Fuel Cell Bus
Program. This Notice sets forth FTA’s
justification and response to comments.
FOR FURTHER INFORMATION CONTACT: For
program questions please contact
Christina Gikakis at (202) 366–2637 or
christina.gikakis@dot.gov. For legal
questions please contact Jayme L.
Blakesley at (202) 366–0304 or
jayme.blakesley@dot.gov.
This
Notice sets forth the Federal Transit
Administration’s (FTA) justification for
waiving its Buy America requirements
for projects funded under the National
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
Fuel Cell Bus Technology Development
Program (Fuel Cell Bus Program).
The National Fuel Cell Bus Technology
Development Program
Section 3046 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU),
Public Law 109–59, instructed FTA ‘‘to
establish a national fuel cell bus
technology program [Fuel Cell Bus
Program] to facilitate the development
of commercially viable fuel cell bus
technology and related infrastructure.’’
By notice dated April 14, 2006, FTA
solicited applications to the Fuel Cell
Bus Program and restated the statutory
criteria for evaluating applications.
These criteria included the ability of the
project ‘‘to contribute significantly to
furthering fuel cell technology as it
relates to transit bus operations,
including hydrogen production, energy
storage, fuel cell technologies, vehicle
systems integration, and power
electronics technology,’’ and to advance
‘‘different fuel cell technologies,
including hydrogen-fueled and
methanol-powered liquid-fueled fuel
cell technologies, that may be viable for
public transportation systems.’’ 71 FR
19612 (April 14, 2006).
FTA selected three consortia to
participate in the Fuel Cell Bus
Program: the Center for Transportation
and the Environment in Atlanta, the
Northeast Advanced Vehicle
Consortium in Boston, and Westart/
CALSTART in Pasadena. These
consortia will manage fourteen projects.
Of these, eight are development and
demonstration projects, two are
component technology development,
and four support analysis, outreach and
coordination.
The Fuel Cell Bus Program seeks to
develop commercially viable fuel cell
buses by demonstrating that buses
powered by fuel cell technology can
achieve several technical targets,
including a four to six year (20,000 to
30,000 hour) fuel cell durability, a cost
of less than five times that of an
equivalent diesel, greater than 90%
reliability, twice the fuel efficiency of a
comparable bus, emissions below the
2010 Environmental Protection Agency
standards and vehicle performance
comparable to a diesel bus.
Public Interest Waiver
The purpose of this notice is to
articulate FTA’s justification for waiving
its Buy America requirements for all
projects funded under the Fuel Cell Bus
Program.
With certain exceptions, FTA’s ‘‘Buy
America’’ requirements prevent FTA
from obligating an amount that may be
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). One such exception is
if applying the Buy America
requirements ‘‘would be inconsistent
with the public interest.’’ 49 U.S.C.
5323(j)(2)(A). After considering all
appropriate factors on a case-by-case
basis, 49 CFR 661.7(b), if FTA
determines that the conditions exist to
grant a public interest waiver, FTA will
issue a detailed written statement
justifying why the waiver is in the
public interest, and will publish this
justification in the Federal Register,
providing the public with a reasonable
time for notice and comment of not
more than seven calendar days. 49 CFR
661.7(b).
Justification
Because the U.S. market for fuel cell
bus technology and related
infrastructure is not fully developed,
participants in the Fuel Cell Bus
Program asked FTA to waive its Buy
America requirements for projects
funded under the Fuel Cell Bus
Program. According to one participant,
‘‘[a] successful Fuel Cell transit bus
must meet and be consistent with the
public transit market’s ability to
incorporate and afford such technology
on a mass scale. * * * At this stage of
technology development more
engineering data is necessary to
accurately specify a fuel cell for a
competitive bid. [Requiring participants
to comply with FTA’s Buy America
requirements] would significantly delay
the development effort, would be
extremely expensive, and would result
in a huge set back to the overall
development of Fuel Cell technology.
[Allowing participants to use all
available technology, regardless of
origin,] is the fastest, soundest method
to perfect the technology, assure future
competition, and hasten the advent of
fuel cell buses in transit.’’
In order to develop commercially
viable fuel cell buses, FTA’s Fuel Cell
Bus Program must examine all current
technologies. But at this time, because
fuel cell technologies for transit are still
in the developmental and technical
validation phase, it is impossible to
determine which configurations are
most likely to reach commercialization.
As development continues, the industry
will require objective demonstrations
and evaluations of different bus
propulsion systems. Permitting
participants to use foreign and domestic
suppliers will allow FTA to evaluate
which technologies are closest to
successful deployment. If certain
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46349-46350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18344]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0204]
Application by American Trucking Associations, Inc. for a
Preemption Determination on the City of Boston's Routing and
Transportation Restrictions Applicable to Certain Hazardous Materials
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for preemption determination; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA provides notice and invites interested parties to submit
comments on an application by the American Trucking Associations, Inc.
(ATA) for an administrative determination on whether Federal law
preempts highway routing designations issued by the City of Boston
(Boston) restricting transportation of certain hazardous materials. ATA
submits that Boston failed to comply with the Federal routing
requirements set in 49 CFR 397.71 and that such routing designations
are therefore preempted under 49 U.S.C. 5125 and 49 CFR 397.69.
DATES: Comments received on or before September 22, 2008 and rebuttal
comments received on or before November 6, 2008 will be considered
before an administrative ruling is issued. Rebuttal comments may
discuss only those issues raised by comments received during the
initial comment period and may not discuss new issues.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2008-0204 by any of the following
methods:
Web Site: https://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to https://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476; Apr. 11, 2000). This
information is also available at https://Docketinfo.dot.gov.
Public Participation: The https://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the https://www.regulations.gov Web site and also at
the DOT's https://docketsinfo.dot.gov Web site. If you want confirmation
of receipt of your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgement page that appears
after submitting comments online.
FOR FURTHER INFORMATION CONTACT: James O. Simmons, Chief, Hazardous
Materials Division, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590, or at
james.simmons@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION: A copy of each comment must also be sent to
Richard Moskowitz, Vice President and Regulatory Affairs Counsel,
American Trucking Associations, 950 North Glebe Road, Arlington, VA
22203. You are required to include with your comments a certification
that you provided a copy of your comments to Mr. Moskowitz. (The
following format is suggested: ``I certify copies of this comment were
sent to Mr. Moskowitz at the address specified in the Federal
Register.'')
Background
Title 49 U.S.C. 5125 includes several preemption provisions.
Section 5125(c)(1) allows a State or Indian tribe to establish,
maintain, or enforce a highway routing designation over which hazardous
material may or may not be transported by motor vehicles, or a
limitation or requirement related to highway routing, only if the
designation, limitation, or requirement complies with 49 U.S.C.
5112(b).
Section 5112(b) requires the Secretary of Transportation (the
Secretary), in consultation with the States, to prescribe by regulation
standards for the States and Indian tribes to follow when designating
specific highway routes for transportation of hazardous materials. The
Secretary has delegated to the Administrator of the FMCSA authority and
responsibility for highway routing of hazardous materials. See 49 CFR
1.73(d)(2).
The standards required by 49 U.S.C. 5112(b) for establishing
highway routing requirements for non-radioactive hazardous materials
are set forth in 49 CFR part 397, subpart C, and apply to any
designations established or modified on or after November 14, 1994. See
49 CFR 397.69(a). A State or Indian tribe must follow FMCSA standards
when establishing highway routing requirements for hazardous materials.
See 49 CFR 397.71 (Federal standards for routing of nonradioactive
hazardous materials (NRHM)). Except as provided in Sec. Sec. 397.75
(dispute resolution) and 397.219 (waiver), a NHRM route designation
made in violation of Sec. 397.69(a) is preempted pursuant to section
105(b)(4) of the Hazardous Materials Transportation Act, as amended, 49
U.S.C. 5125(c), 49 CFR 397.69(b).
ATA alleges that Boston, in the course of the construction of the
Central Artery Tunnel (often referred to as the ``Big Dig''), changed
designated hazardous materials routes through Boston and, in doing so,
failed to comply with the requirements of Sec. 397.71. ATA has
submitted an application for a preemption determination pursuant to
[[Page 46350]]
the procedures set forth in 49 CFR part 397, subpart E--Preemption
Procedures. ATA requests that the FMCSA Administrator make a
determination on whether the highway routing designations established
by Boston are preempted pursuant to Sec. 397.69(b). A copy of the ATA
application for preemption determination is available for review in the
docket for this notice. You may view or obtain a copy of the
application online by visiting https://www.regulations.gov and going to
the docket number for this matter (FMCSA-2008-0204).
Public Comments
FMCSA seeks comments on whether 49 CFR 397.69(b) preempts Boston's
highway routing designations that are being challenged by ATA. Comments
should specifically address the preemption standard established under
49 CFR 397.69(b) and 49 U.S.C. 5125(c).
Issued on: August 1, 2008.
John H. Hill,
Administrator.
[FR Doc. E8-18344 Filed 8-7-08; 8:45 am]
BILLING CODE 4910-EX-P