[Federal Register: November 2, 1999 (Volume 64, Number 211)] [Notices] [Page 59231-59232] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02no99-99] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-60-P