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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

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions