Action
Notice of administrative determination of preemption by RSPA's Associate Administrator for Hazardous Materials Safety.
Summary
Federal hazardous material transportation law preempts: (1) The requirement in Section 164-108 of the Smithtown Town Code for a permit to deliver liquefied petroleum gas (LPG) within the Town of Smithtown with respect to trucks that are based outside of Smithtown because it is not possible to schedule and conduct an inspection of the truck (required for a permit) without causing unnecessary delays in the transportation of hazardous materials from locations outside Smithtown. (2) the requirement in Section 164-109 of the Smithtown Town Code for a certificate of fitness insofar as that requirement is applied to a motor vehicle driver who sells or delivers LPG, because Section 164- 109 imposes on drivers of motor vehicles used to deliver LPG more stringent training requirements than provided in the HMR.