PHMSA extends comment period regarding FDNY’s hazardous material shipments

Remarks must be received by December 4

Posted November 6, 2015

The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it is extending the comment period on the American Trucking Associations, Inc.’s (ATA) application for a preemption determination concerning the requirements of the New York City Fire Department (FDNY) for a permit to transport certain hazardous materials by motor vehicles through New York City, or for transshipment from New York City, and the fee for the permit.

In the ATA’s application to PHMSA, it questions whether federal hazardous material law preempts provisions of New York City. The ATA states that New York City requires motor carriers to file a separate application and pay a fee to transport certain hazardous materials. The ATA believes this requirement is deficient because it impedes a driver’s ability to comply with federal law (49 CFR 177.800(d)) which states “hazardous materials must be transported without necessary delay.”

Comments received on or before December 4, 2015, will be considered before an administrative determination is issued by PHMSA’s Chief Counsel. The previous comment period ended on November 2, 2015.

Any comments must refer to Docket No. PHMSA–2014–0003 and may be submitted to the docket in writing or electronically at!home.


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