The U.S. Transportation Department’s Pipeline and Hazardous Materials Safety Administration is taking comments on two applications from the American Trucking Associations claiming hazardous materials laws in two cities are unfair.

According to a Federal Register notice, it is asking the agency to determine whether federal hazardous material transportation law preempts requirements of the New York City Fire Department for a permit to transport certain hazardous materials by motor vehicle through New York City, or for transshipment from New York City, and the fee for the permit.

ATA is also asking whether Federal hazardous material transportation law preempts requirements of the City of Pittsburgh for a permit to transport hazardous materials by motor vehicle and the fee to obtain the permit.

For New York City, ATA says motor carriers must file a separate application for each tractor or trailer and pay a $210 fee for each tractor or trailer to be inspected, and the drivers must be ready to present copies of the permit to enforcement officials at their request.

For Pittsburgh there is an application and a $132 fee.

PHMSA says comments received on or before June 2 and rebuttal comments received on or before July 16 will be considered before an administrative determination is issued its chief counsel. 

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