Interpretation Response #10-0108 ([Department of City Development City of Milwaukee] [Mr. Clyde Hamer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Department of City Development City of Milwaukee
Individual Name: Mr. Clyde Hamer
Location State: WI Country: US
View the Interpretation Document
Response text:
July 8, 2010
Mr. Clyde Hamer
Plan Examiner
Department of City Development
City of Milwaukee
809 N. Broadway
Milwaukee, WI 53202
Ref. No. 10-0108
Dear Mr. Hamer:
This responds to your May 5, 2010 request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a local municipality may apply local zoning codes, fire codes and building codes at a facility where hazardous materials are parked or stored during transportation, regardless of the duration of that parking or storage.
As explained in § 171.1(f) of the HMR, a facility at which functions regulated under the HMR are performed may be subject to applicable laws and regulations of state and local governments. However, a requirement of a state, local, or tribal government that conflicts with requirements in the HMR is preempted, unless otherwise authorized by another Federal statute or the Department of Transportation issues a waiver of preemption. The Pipeline and Hazardous Materials Administration makes preemption determinations applicable to specific non-Federal requirements on a case-by-case basis. The procedures for DOT to make administrative determinations of preemption are set forth in subpart C of part 107.
I hope this answers your inquiry. For your information, it may be helpful to attend the next Hazardous Materials Multimodal Seminar being held in Milwaukee August 10-11, 2010.
Information on the Hazardous Materials Multimodal Seminar in Milwaukee can be found on our website at http://www.phmsa.dot.gov/hazmat/training/seminars. If you need further assistance, please contact this Office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.1