The American Trucking Associations (ATA) is challenging a decision by Boston MA in its designation of hazardous materials routes through the city and has appealed to the Federal Motor Carrier Safety Administration (FMCSA) to determine if the action preempts federal law, according to information in the Federal Register August 8.
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 failed to comply with the requirements of Sec. 397.71. ATA has submitted the application for a preemption determination pursuant to the procedures set forth in 49 CFR part 397, subpart E--Preemption Procedures, according to FMCSA.
ATA points out in its appeal that motor carriers are being cited for not complying to what ATA argues are "improperly enacted hazardous materials routing designations."
ATA also argues that the city's current permitting system "effectively bans the through transportation of hazardous materials."
FMCSA, in its notice, is asking for comments on the ATA application. 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.
The Federal Register information can be accessed by clicking here.