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PD and Docket Number Applicant Subject Ruling Decision

PDA-16(R) (2581)


New York Propane Gas Association

Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections.

Permit requirement is preempted with respect to trucks based outside of Nassau County, because annual inspection causes unnecessary delay in transportation of HM. Certificate of fitness requirement is preempted as applied to motor vehicle driver as additional training requirement.


Public Notice:  6/10/97 (62 FR 31661). 

Decision:  8/25/98 (63 FR 45283).

Action on Petition for Reconsideration, 10/10/00 (65 FR 60238).  Judicial review dismissed, The Office of the Fire Marshal of the County of Nassau v. U.S. Dept. of Transportation, Civil Action No. 00-7200 (E.D. N.Y. Mar. 18, 2002).

Updated: Thursday, May 4, 2017