PD-37(R)
PHMSA-2014-0003

American Trucking Associations, Inc.

New York City permit requirements for transportation of certain hazardous materials

PHMSA affirms its determination that the HMTA preempts FDNY's permit and inspection requirements with respect to vehicles based outside the inspecting jurisdiction, and its determination that the HMTA does not preempt these requirements with respect to vehicles that are based within the inspecting jurisdiction. PHMSA's determination is based on its conclusion that FDNY’s permit and inspection requirements create an obstacle to accomplishing and carrying out the HMR’s prohibition against unnecessary delays in the transportation of hazardous material on vehicles based outside the inspecting jurisdiction. PHMSA reverses its determination that FDNY is not using the revenue it collects from its permit fee for authorized purposes. However, PHMSA affirms its determination that the permit fee is not "fair," as required by 49 U.S.C. 5125(f)(1), and therefore affirms its determination that the permit fee is preempted.

82 FR 31390 (7/6/17).

85 FR 29505 (5/15/20) (Action on Petition for Reconsideration).