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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Preemption of State & Local Laws

Feb 28, 2017

INDEX TO PREEMPTION OF STATE AND LOCAL LAWS AND REGULATIONS UNDER THE FEDERAL HAZARDOUS MATERIAL TRANSPORTATION LAW
(49 U.S.C. §§ 5101-5128)

This document contains an alphabetized subject matter index of issues arising under the preemption provisions of the Federal hazardous material transportation law (Federal hazmat law, 49 U.S.C. §§ 5101-5128. The original Hazardous Materials Transportation Act (HMTA), Pub. L. 93-633, 88 Stat. 2156 (1975), was codified in 1994 as Chapter 51 of Title 49, United States Code. Chapter 51 and DOT's regulations issued under Chapter 51 govern the transportation of hazardous materials in commerce.

This index analyzes the implementation of the preemption provisions in Federal hazmat law in court decisions and DOT's inconsistency rulings (IRs) from 1978 to 1990 and preemption determinations (PDs) from 1992 to the present. All of DOT's inconsistency rulings and preemption determinations are listed at the end of this index, with the citation to the volume and page of the Federal Register where each was published.

Inconsistency Rulings
https://www.phmsa.dot.gov/standards-rulemaking/hazmat/inconsistency-rulings

Preemption Determinations
https://www.phmsa.dot.gov/standards-rulemaking/hazmat/preemption-determinations