Action
Notice of administrative determination of preemption by RSPA's Associate Administrator for Hazardous Materials Safety.
Summary
Federal hazardous material transportation law preempts the requirement in Section 6.8 of Nassau County, New York Ordinance No. 344-1979 for a certificate of fitness, insofar as that requirement is applied to a motor vehicle driver who sells or delivers liquefied petroleum gas (LPG), because Section 6.8 imposes on drivers of motor vehicles used to deliver LPG more stringent training requirements than provided in the HMR. This requirement is not preempted with respect to persons who sell or transfer LPG but do not drive the motor vehicle from which (or to which) the LPG is transferred. There is insufficient information to find that Federal hazardous materials law preempts the requirement in Sections 6.7(A) and (B) of Ordinance No. 344-1979 for a permit to pick up or deliver LPG within Nassau County. The application and comments submitted in this proceeding fail to show that this requirement, as applied and enforced, creates an obstacle to accomplishing and carrying out Federal hazardous material transportation law or the HMR. The record does not support findings that the requirement for a permit causes an unnecessary delay in the transportation of hazardous materials; that the permit fee is unfair or used for purposes other than relating to transporting hazardous materials; or that the permit sticker is a labeling or marking of hazardous material (within the meaning and intent of the HMR's hazard communication requirements).