The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced in the April 27 issue of the Federal Register that it needs more time to make preemption decisions on requirements for hazardous materials permits New York City NY and Pittsburgh PA.
The applications for preemption determination were filed by the American Trucking Association (ATA). ATA’s application for preemption in New York City applied to rules issued by the New York City Fire Department that require permits to transport certain hazardous materials by motor vehicle through the city or for transshipment through New York City, and a fee for the permit. A similar permit and fee for transportation of hazardous materials by motor vehicle was targeted in Pittsburgh.
While saying those applications are still under consideration, PHMSA officials say that the agency needs more time for “fact finding and legal analysis.”
As a result, it is impracticable for PHMSA to issue a decision within the usual 180-day timeframe, they say. In order to allow time for full consideration of all the issues raised by the applications, PHMSA is delaying its decision for at least another 120 days.