Action
Notice of decision on petition for reconsideration of administrative determination of preemption.
Summary
RSPA's Associate Administrator for Hazardous Materials Safety is denying CHP's petition for reconsideration of the determination that California's requirement for an annual inspection of cargo tanks and portable tanks used for highway transportation of flammable and combustible liquids was preempted by the former Hazardous Materials Transportation Act (HMTA) (since revised, codified and enacted without substantive change at 49 U.S.C. 5101 et seq.). This decision constitutes RSPA's final action on the July 27, 1992 application for a preemption determination filed by Nalco Chemical Co. (Nalco). Any party who submitted comments in Docket No. PDA-6(R) (including the applicant) may seek judicial review within 60 days of this decision.