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

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]

BILLING CODE 4910-60-P