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PD-22(R): New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas

PD-22R Preemption Description
PD and Docket Number ApplicantSubjectRulingDecision

PD-22(R)
PHMSA-RSPA-2000-7092

American Trucking Associations

New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas.

Requirements preempted:

(1) annual cargo tank inspection requirements as applied to vehicles based outside the state because the requirements cause unnecessary delay in hazardous materials transportation;

(2) employee examination and identification card requirements as applied to non-domiciled  LP-gas personnel because the HMR prohibit States from applying additional training requirements to drivers domiciled outside the state;

(3) LP gas transporter license fee because the fee is neither fair nor used for hazardous materials transportation purposes.

67 FR 59396 (9/20/02)
68 FR 55080 (9/22/03) (Action on Petition for Reconsideration)