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[Federal Register: December 21, 2005 (Volume 70, Number 244)]
[Notices]
[Page 75858-75859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de05-111] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-20930 (PDA-31(F))] Notice of Delay in Processing the Application by American
Trucking Associations, Inc. for a Preemption Determination Concerning
the District of Columbia Restrictions Regarding Highway Routing of
Certain Hazardous Materials AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with statutory requirements, FMCSA is publishing
a notice of delay in processing the American Trucking Associations,
Inc.'s (ATA) application for a preemption determination. FMCSA is
conducting fact-finding in response to ATA's request, and is delaying
issuance of its determination in order to allow time for appropriate
consideration of the issues raised by ATA's application. FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous
Materials Division (MC-ECH), (202) 493-0496; Federal Motor Carrier
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m., ET, Monday through
Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: ATA applied for an administrative
determination that Federal hazardous [[Page 75859]] material transportation law, 49 U.S.C. 5101 et seq., and FMCSA
regulations, 49 CFR part 397, preempt routing requirements contained in
the Terrorism Prevention in Hazardous Materials Transportation
Emergency Act of 2005 [D.C. Act 16-43, February 15, 2005, 52 CDR 3048]
("DC Act"), passed by the Council of the District of Columbia on
February 1, 2005, and signed by the Mayor on February 15, 2005. FMCSA published notice of ATA's application in the Federal Register
on April 20, 2005, at 70 FR 20630. Title 49 U.S.C. 5125(d) requires
FMCSA to issue a decision on ATA's application "within 180 days after
the date of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the Federal
Register of the reason why the Secretary's decision on the application
is delayed, along with an estimate of the additional time necessary
before the decision is made." ATA's application for a preemption determination is still under
consideration by FMCSA. The Agency currently is conducting fact-finding
in response to the application. Because of this additional fact-
finding, it is impracticable to issue a decision within the 180-day
timeframe. In order to allow time for appropriate consideration of the
issues raised by ATA's application, FMCSA delays issuance of its
determination, and estimates a decision will be published in the spring
of 2006. Issued on: December 14, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. E5-7637 Filed 12-20-05; 8:45 am] BILLING CODE 4910-EX-P
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