Hazardous Materials: Pittsburgh, Pennsylvania Permit Requirements for Transportation of Hazardous Material, 45219 [2016-16386]
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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices
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Patrick T. Warren,
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Compliance and Program Implementation.
[FR Doc. 2016–16424 Filed 7–11–16; 8:45 am]
BILLING CODE 4910–06–P
VerDate Sep<11>2014
18:30 Jul 11, 2016
Jkt 238001
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
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice Dismissing Application
and Closing the Docket.
AGENCY:
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.
SUMMARY:
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 factfinding 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,
PO 00000
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45219
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]
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Agencies
[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.
-----------------------------------------------------------------------
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