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

---
identifier: "/us/fr/E5-7637"
source: "fr"
legal_status: "authoritative_unofficial"
title: "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"
title_number: 0
title_name: "Federal Register"
section_number: "E5-7637"
section_name: "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"
positive_law: false
currency: "2005-12-21"
last_updated: "2005-12-21"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "E5-7637"
document_type: "notice"
publication_date: "2005-12-21"
agencies:
  - "Transportation Department"
  - "Federal Motor Carrier Safety Administration"
fr_citation: "70 FR 75858"
fr_volume: 70
docket_ids:
  - "Docket No. FMCSA-2005-20930 (PDA-31(F))"
fr_action: "Notice."
---


#  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  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.