Standards & Rulemaking

Preemption Determinations

About Preemption Determinations

Sections 5125(a) and (b) of 49 U.S.C. provide that, in the absence of a waiver of preemption by the Department or specific authority in another Federal law, a requirement of a State, political subdivision of a State, or Indian tribe can be preempted.

Preemption Determinations Under 49 U.S.C. § 5125

"Four-Pack" California and Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials Feb 15, 1995
PD-1(R) MA, MD, & PA hazardous waste vehicle bonding requirements Sep 4, 2012
PD-2(R) Illinois EPA Hazardous Waste Manifest Sep 4, 2012
PD-3(F) Washington RAM highway routing restrictions Sep 4, 2012
PD-4(R) California statute and regulations re flammable and combustible liquids transportation Sep 4, 2012
PD-5(R) Mass. requirement for back-up alarm on tank trucks carrying flammable liquids Sep 4, 2012
PD-6(R) California statute and regulations re flammable and combustible liquids transportation Sep 4, 2012
PD-7(R) Maryland Certification Requirements for Transporters of Oil or Controlled Hazardous Substances Jun 3, 1994
PDA-8(R) Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes Sep 4, 2012
PD-12(R) New York regulations re transfer and interim storage of hazardous waste Sep 4, 2012
PD-13(R) Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. Sep 4, 2012
PD-14(R) City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material Sep 4, 2012
PD-15(R) Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank Sep 4, 2012
PDA-16(R) Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections. Sep 4, 2012
PDA-17(R) Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. Sep 4, 2012

No Decision/Determination

PDA-3(RF) Dec 19, 1991
PDA-35(R) Sep 4, 2012