In 2009, the Federal Motor Carrier Safety Administration ("FMCSA"), in response to a formal request for determination filed by the American Trucking Association and the then Massachusetts Department of Highways (now, MassDOT), issued a preemption determination finding that the City of Boston's hazmat route/process violated federal routing requirements because it had not followed the federal risk analysis criteria for hazmat routing or been subject to public comment and approval. The FMCSA directed the City to conduct a risk analysis on alternative hazmat routes and follow federal law on public participation and routing agency approval.
The routing evaluation and report prepared by the City of Boston concludes that travel through Boston imposes a greater risk to the public than an I-93/I-95 route. Under the proposed routing designation, the City of Boston would prohibit the use of City streets in the downtown area for the "through" transportation of Non-Radioactive Hazardous Materials ("NRHM") where there is neither a point of origin nor destination within the City of Boston. The proposal would designate I-93/I-95 as the prescribed through route over which such NRHM approaching the City of Boston is to be transported. Within Boston, only shipments to destinations/points of origin located within the City would be permissible, provided the motor carrier applies for and receives a permit from the City.
As the designated state routing agency, MassDOT must review the proposed routing analysis to ensure that it meets the FMSCA routing criteria provided in 49 C.F.R. § 397.71. Those criteria include, among others, population density, type of highway, type of hazardous material, emergency response capabilities, consultation with affected persons, proximity to schools, hospitals, playgrounds and other sensitive areas, terrain considerations, continuity of routes, alternative routes, effects on commerce, delays in transportation, climatic considerations, and congestion and accident history.
The Comment Period for the City of Boston’s proposed NRHM through route is now closed. MassDOT is in the process of reviewing and evaluating all the comments, questions, and materials submitted as part of the public hearing and comment process. MassDOT will group similar comments and questions by topic and post responses to these common questions on this website in the coming weeks.