Preemption Determination Status Chart
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.
Subject Index of Preemption Determinations
| PD and Docket Number Applicant | Subject | Ruling | Decision |
|---|---|---|---|
PD-1(R) PHMSA-RSPA-2003-14602 National Solid Wastes Management Assn. | Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirements | State bonding requirements for vehicles transporting hazardous wastes are not preempted under the "obstacle" test. | 57 FR 58848 (12/11/92) 58 FR 32418 (6/9/93) (Action on Petition for Reconsideration) Judicial review dismissed in Massachusetts v. U.S. Dept. of Transp., Civil Action No. 93-1581 (HHG) (D.D.C. April 7, 1995), reversed 93 F.3d 890 (D.C. Cir. 1996), petition for rehearing and rehearing en banc denied (Nov. 6, 1996). |
PD-2(R) PHMSA-RSPA-2003-14609 Chemical Waste Transportation Institute | Illinois EPA hazardous waste manifest | State hazardous waste manifest requirements are preempted, under the "substantively the same" test. | 58 FR 11176 (2/23/93) |
PD-3(F) PHMSA-RSPA-2003-14612 Oregon Dept. Of Energy | Washington RAM highway routing restrictions | State restrictions on locations where trucks hauling RAM may enter the State are preempted, under "dual compliance" and "obstacle" tests. | 58 FR 31580 (6/3/93) |
PD-4(R) Nalco Chemical Company | California statute and regulations re flammable and combustible liquids transportation | State annual inspection requirement which causes delay is preempted under the "obstacle" test; marking requirements are preempted because not "substantively the same as" requirements in the HMR’ annual registration is not preempted. | 58 FR 48933 (9/20/93) 60 FR 8800 (2/15/95) (Action on Petition for Reconsideration). |
PD-5(R) PHMSA-RSPA-2003-14661 National Tank Truck Carriers, Inc. | Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquids | State tank truck back-up alarm requirement applicable only to in-state transportation is not preempted under the "obstacle" test. | 58 FR 62707 (11/29/93). |
PD-6(R) Chemical Waste Transportation Institute | Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastes | State truck marking requirements different from HMR are preempted under "substantively the same as" test for trucks carrying hazardous materials and are preempted under the "obstacle" test for trucks not carrying hazardous materials. | 59 FR 6186 (2/9/94) |
PD-7(R) Chemical Waste Transportation Institute & National Tank Truck Carriers, Inc. | Maryland regulations re hazardous materials drivers' training and certification requirements | Training and certification requirements for motor vehicle operators loading or unloading oil or hazardous substances, which exceed Federal training requirements, are preempted as applied to non-resident drivers and not preempted as applied to resident drivers. | 59 FR 28913 (6/3/94) 60 FR 10419 (2/24/95) (Action on Petition for Reconsideration) |
"Four-Pack" PD-9(R) PD-8, 10, 11(R) | California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materials | Federal hazardous material transportation law does not preempt California and Los Angeles County requirements on (1) the unloading of hazardous materials from rail tank cars by a consignee and (2) the consignee’s on-site storage of hazardous materials following delivery of the hazardous materials to their destination and departure of the carrier from the consignee’s premises or private track adjacent to the consignee’s premises. | 60 FR 8783 (2/15/95) Action on petitions for reconsideration deferred pending:HM-223 rulemaking, "Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage"; final rules published 10/30/03 (68 FR 61906) and 4/15/05 (70 FR 20018); petitions for review dismissed, 10/13/06; petitions for rehearing and rehearing en banc denied 2/15/07 (Nos. 03-1456 & 05-1191, D.C. Cir.). Prior petition for judicial review dismissed without prejudice, 5/7/02 (D.D.C., Civil Action No. 00-1312 (WBB)). 80 FR 70874 (11/16/15) (Action on Petitions for Reconsideration). |
PD-12(R) Chemical Waste Transportation Institute | New York regulations re transfer and interim storage of hazardous waste. | State regulations prohibiting repackaging hazardous waste and requiring additional information on the manifest are preempted. No finding on requirement for secondary containment at a transfer facility | 60 FR 62527 (12/6/95). 62 FR 15970 (4/3/97) (Action on Petition for Reconsideration) Judicial review dismissed, New York v. U.S. Dept. of Transportation, 37 F. Supp.2d 152 (N.D.N.Y. 1999). |
PD-13(R) 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. | 63 FR 45283 (8/25/98) 65 FR 60238 (10/10/00) (Action on Petition for Reconsideration). 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). |
PD-14(R) PHMSA-RSPA-2003-14614 Association of Waste Hazardous Materials Transporters | City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous material | Fire Code requirements are not preempted because they do not apply to transportation subject to the HMR. | 63 FR 67506 (12/7/98). 64 FR 33949 (6/24/99) (Action on Petition for Reconsideration). |
PD-15(R) William E. Comley, Inc. & TWC Corporation | Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank. | Written requirements of the State of Ohio are consistent with the HMR, and there is no evidence that PUCO applies or enforces a general requirement for the use of a DOT specification cargo tank motor vehicle to transport hypochlorite with less than 16% available chlorine. | 64 FR 14965 (3/29/99) 64 FR 44265 (8/13/99) (Action on Petition for Reconsideration): Complaint for judicial review dismissed, William E. Comley, Inc. v. U.S. Dept. of Transportation, Civil No. C-1-99-880 (S.D. Ohio, June 6, 2000); appeal dismissed, No. 00-3860 (6th Cir. July 12, 2000). |
PD-18(R) Association of Waste Hazardous Materials Transporters | Broward County, FL hazardous materials transportation requirements pertaining to the definition of hazardous material, release reporting, standards for packaging, fees, monthly reporting and vehicle inspection. | Requirements preempted: (1) certain hazardous materials definitions and requirements that rely on those definitions, (2) written notification of a hazardous materials release, (3) shipping paper retention for certain hazardous materials transporters, (4) licensing fees for hazardous waste transporters, and (5) monthly transportation activity reporting. Requirements not preempted: (1) oral notification of a hazardous materials release, (2) packaging standards for hazardous waste transport vehicles, (3) shipping paper retention for hazardous waste transporters, (4) periodic vehicle inspection and (5) vehicle marking. | 65 FR 81950 (12/27/00). 67 FR 35193 (5/17/02) (Action on Petition for Reconsideration). |
PDA-19(R) National Tank Truck Carriers, Inc. | New York regulations on test reports and marking of gasoline transport vehicles | Requirement for marking vehicle to indicate that a vapor tightness test has been performed which differs from the HMR, is preempted. | 74 FR 4291 (1/23/09) 75 FR 52591 (8/26/10) (Notice reopening period for comments on petition for reconsideration) |
PD-20(RF) Association of Waste Hazardous Materials Transporters | Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the City | Requirements preempted as an obstacle to accomplishing and carrying out Federal hazardous material transportation law and the HMR: (1) day-of-week and time-of-day restrictions in Downtown Area, with respect to radiopharmaceuticals only; (2) advance notification, routing, and escort for pickup or delivery of explosives; and (3) separation distance between vehicles transporting explosives or other hazardous materials | 66 FR 29867(6/1/01) |
PD-21(R) Association of Waste Hazardous Materials Transporters | Tennessee annual remedial action fee and written incident reporting requirements. | Annual remedial action fee is preempted because it is not fair and not used for purposes related to transportation of hazardous material. Written incident reporting requirement is preempted because it is not substantively the same as HMR requirement. | 64 FR 54474 (10/6/99) Complaint for judicial review, Tennessee v. U.S. Dept. of Transportation: Order denying claim of state sovereignty, C.A.No. C-3-99-1126 (M.D. Tenn. Feb. 27, 2001); affirmed and remanded, 326 F.3d 729 (6th Cir. 2003); cert. denied, 11/3/03 (124 S. Ct. 464); judgment in favor of DOT and AWHMT (6/28/04). |
PDA-22(R) American Trucking Associations | New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas. | Requirements preempted: (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) |
PD-23(RF) Med/Waste, Inc. & Sanford Motors, Inc. | Morrisville, PA requirements for transporting “dangerous waste,” including routing restrictions and manifest requirement. | Definitions of “infectious waste,” “hospital waste,” and “dangerous waste”; routing limitation; and requirement for manifest are preempted. | 66 FR 37260 (7/17/01) 67 FR 2948 (1/22/02) (Action on Petition for Reconsideration) |
PD-24(R) Institute of Makers of Explosives | New Jersey prohibition against transporting blasting caps on the same motor vehicle with more than 5,000 lbs. of other commercial explosives. | Prohibition is preempted when applied to transportation on a public road or during activities that are incidental to the movement of property and involve a safety aspect of transportation on a public road. | 66 FR 30985 (6/8/01). |
PDA-25(R) The Kiesel Company | Missouri prohibition of recontainerization of hazardous waste at transfer facility | Prohibition against recontainerization is preempted because it is not substantively the same as packing requirements in the HMR. | 66 FR 37089 (7/16/01) |
PD-26(R) PHMSA-RSPA-2000-8026 Boston & Maine Corporation | Massachusetts definition (designations) of hazardous materials | Definitions in State environmental “clean up” laws do not deal directly with transportation and are not preempted. | 74 FR 4287 (1/23/09) |
PDA-27(R) ATOFINA Chemicals, Inc. | Louisiana requirements for hazardous materials incident notification | Immediate telephone notification requirement is not preempted; written reporting requirement is preempted. | 69 FR 68677 (11/30/04) |
PD-28(R) Town of Smithtown, New York | Town of Smithtown 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 the Town of Smithtown, 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. | 67 FR 15276 (3/29/02) |
PDA-29(R) Medical Waste Institute | Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste. | Different requirements for packaging medical waste for transportation in commerce, labeling requirements, and contents and retention of manifest are preempted. Requirements that generator prepare and sign a shipping paper are not preempted to the extent that they are applied and enforced in the same manner as the HMR. | 69 FR 34715 (6/22/04) |
PDA-30(R) Societé Air France | Houston, Texas Fire Code requirements on in-transit storage at airport. | Federal law preempts permit requirement based on submission of a hazardous materials management plan and hazardous materials inventory statement and separation requirements. | 71 FR 9413 (2/23/06) |
PD-31(F) American Trucking Associations, Inc. | District of Columbia requirements for highway routing of certain hazardous materials | Ordinance prohibiting transportation of certain quantities of explosives (Divisions 1.1 & 1.2), flammable gases, poisonous gases and other poisonous materials in Hazard Zones A & B within a 2.2 mile radius of the U.S. Capitol Building ("Capitol Exclusion Zone") is preempted for failure to comply with FMCSA standards for highway routing designations. | 71 FR 18137 (4/10/06) |
PDA-32(R) Electronic Industries Alliance | Maine Department of Environmental Protection requirements on transportation of cathode ray tubes | Requirements on transportation of cathode ray tubes (CRTs) and glass removed from CRTs are not preempted because they do not apply or pertain to materials regulated under Federal hazmat law or the HMR and do not otherwise create an obstacle to Federal hazmat law or the HMR. | 74 FR 46644 (9/10/09) |
PD-33(F) American Trucking Associations, Inc. & Massachusetts Department of Highways | City of Boston requirements for highway routing of certain hazardous materials | Designation and restriction of routes for transportation of hazardous materials are preempted because modification of the designated route and enforcement of de facto ban system did not comply with FMCSA regulations in 49 CFR part 397. | 74 FR 59021 (11/16/09) |
PD-34(R) AMTROL, Inc. | Common law tort claims concerning design and marking of DOT Specification 39 compressed gas cylinders. | Common law tort claims concerning design and marking or labeling of DOT specification 39 compressed gas cylinders are preempted because they would create requirements which are not substantively the same as requirements in the HMR. | 77 FR 39567 (7/3/12) |
PD-35(R) Healthcare Waste Institute | New Jersey regulations on transportation of regulated medical waste | Requirements for packaging, marking, labeling, segregation, and use of specific tracking form which are not substantively the same as the HMR are preempted. Other requirements to retain shipping papers, file and retain exception reports, deliver the entire quantity of RMW, and certify receipt of the listed RMW are not preempted. | 78 FR 75672 (12/12/13) |
PDA-36(R) American Trucking Associations, Inc. | Pittsburgh, Pennsylvania permit requirements for transportation of hazardous material. | The application for a determination of preemption is dismissed, and the docket is closed, because the City of Pittsburgh, Pennsylvania’s permit and permit fee requirements are not being applied or enforced. | 81 FR 45219 (7/12/16). |
PDA-37(R) American Trucking Associations, Inc. | New York City permit requirements for transportation of certain hazardous materials. | N/A | Reopened comment period; comments due 11/2/15. 80 FR 59244 (10/1/15). Extended comment period; comments due 12/4/15. 80 FR 68382 (11/4/15). |
PDA-38(R) National Tank Truck Carriers, Inc. | California Meal and Rest Break requirements. | N/A | Public Notice and Invitation to Comment. Comments due 10/17/16; rebuttal comments due 12/1/16. 81 FR 60777 (9/2/16). |
PDA-39(R) NORA, An Association of Responsible Recyclers | Oregon Hazardous Waste Management regulation. | N/A | Public Notice and Invitation to Comment. Comments due 3/10/17; rebuttal comments due 4/24/17. 82 FR 8257 (1/24/17). |
PDA-3(RF) Chemical Waste Transportation Institute | City of Chester, WV hazardous waste transportation requirements. | Application dismissed because Ordinance regarding transportation of hazardous waste never went into effect. | 59 FR 4962 (2/2/94). |
PDA-14(R) National Tank Truck Carriers, Inc. | City of El Paso, TX Municipal Code provisions requiring hazmat tank truck permits based on inspections held during limited time periods. | Application withdrawn and docket closed because City of El Paso passed ordinance that deleted hazmat truck permit requirement. | 61 FR 11677 (3/21/96) |
Last updated: Tuesday, February 28, 2017