[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59231-59232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28615]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket No. RSPA-98-3577 (PDA-18(R))]
Application by Association of Waste Hazardous Materials
Transporters for a Preemption Determination as to Broward County
Florida's Requirements on the Transportation of Certain Hazardous
Materials To or From Points in the County
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Public notice reopening comment.
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SUMMARY: The Association of Waste Hazardous Materials Transporters
(AWHMT) has applied to RSPA for a determination that the Federal
hazardous materials transportation law preempts certain Broward County,
Florida (the County) requirements pertaining to the transportation of
hazardous materials to or from points in the County. AWHMT's
application is set forth in RSPA's August 6, 1998 public notice and
invitation to comment (63 FR 42098). On September 28, 1999, the Broward
County Commissioners approved revisions to the County ordinance that is
the subject of AWHMT's application. This Notice reopens the comment
period to provide an opportunity to comment on the revised ordinance.
DATES: RSPA will consider comments that are received on or before
December 17, 1999, and rebuttal comments that are received on or before
January 31, 2000, before an administrative ruling is issued by RSPA's
Associate Administrator for Hazardous Materials Safety. These
additional comments may address only the revised ordinance.
ADDRESSES: You may view AWHMT's application, the revised ordinance, and
all comments and other documents submitted in this proceeding in the
Dockets Office, U.S. Department of Transportation, Room PL-401, 400
Seventh Street, SW, Washington, DC 20590-0001. All documents filed in
this proceeding are also available on-line through the home page of
DOT's Docket Management System, at ``http://dms.dot.gov''.
Please submit all additional comments on the revised ordinance to
the Dockets Office at the above address. Please submit three copies of
each written comment. You may also submit comments electronically by
logging on to the Documents Management System at ``http://
dms.dot.gov''. Click on ``Help & Information'' to obtain instructions
for filing the document electronically.
Comments must include the Docket Number RSPA-98-3557. You must also
send a copy of each comment to (1) Mr. Michael Carney, Chairman,
Association of Waste Hazardous Materials Transporters, 2200 Mill Road,
Alexandria, VA 22314, and (2) Mr. Edward A. Dion, County Attorney, 115
S. Andrews Avenue, Suite 423, Fort Lauderdale, FL 33301. You must
include a certification that a copy has been sent to these persons with
your comments. (The following format is suggested: ``I certify that
copies of this comment have been sent to Messrs. Carney and Copelan at
the addresses specified in the Federal Register.'')
FOR FURTHER INFORMATION CONTACT: Donna L. O'Berry, Office of the Chief
Counsel, Research and Special Programs Administration, (Tel. No. 202-
366-4400).
SUPPLEMENTARY INFORMATION:
I. Background
On April 9, 1998, AWHMT applied for a determination that the
Federal hazardous material transportation law preempts certain
provisions of the Broward County Code of Ordinances 93-47, Chapter 27,
(the Ordinance) pertaining to the transportation of hazardous materials
within the County. On August 6, 1998, RSPA published a Public notice
and invitation to comment on AWHMT's application (63 FR 42098). The
Notice set forth the text of AWHMT's application and asked that
comments be filed with RSPA on or before September 21, 1998 and that
rebuttal comments be filed on or before November 4, 1998.
On October 26, 1998 the County requested that RSPA stay its review
of AWHMT's application for six to eight months. The County requested a
stay because it was proposing changes to the Ordinance that would
possibly resolve the preemption issues raised in AWHMT's application.
On March 15, 1999, RSPA granted the County's request for a stay. The
stay was effective until July 1, 1999. On September 28, 1999, the
Broward County Commissioners adopted Ordinance No. 1999-53, (the
revised Ordinance), which amended Chapter 27. A copy of the revised
Ordinance is available through the Docket Management System at the
address and Internet site listed above. The document number for the
revised Ordinance is RSPA-1998-3577-23.
[[Page 59232]]
II. Matters That May Be Addressed in Additional Comments
The revised Ordinance amends, relocates and removes several
provisions that AWHMT challenges in its application. The revised
Ordinance also creates a new Article XVII, which is entitled ``Waste
Transporters''.
In accordance with 49 CFR 107.219(a), RSPA invites all interested
parties to comment on the revised Ordinance.
It appears that the revised Ordinance substantially modifies the
previous version of the Ordinance. Therefore, in accordance with 49 CFR
107.219(b), AWHMT is directed to supplement its application, to the
extent necessary, to reflect the recent revisions to the Ordinance. For
example, AWHMT should ensure that the revisions to the Ordinance have
not affected its substantive arguments and it should ensure the
accuracy of its citations to particular provisions of the Ordinance.
Issued in Washington, D.C. on October 27, 1999.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-28615 Filed 11-1-99; 8:45 am]
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