J.H. Walker Trucking — Hazardous Materials Safety Interpretation

Page 1BINEIEMPER U.S. Department of Transportation Room 8407 400 Seventh Street, S.W. Special Programs Research and Washington, D.C. 20590 Administration Chief Counsel Office of the Phone: (202) 366-4400 Fax: (202) 366-7041 JUN 26 2002 Mr. Kevin P. Mullen Director of Safety J.H. Walker Trucking P.O. Box 19771 Houston, TX 77224 Dear Mr. Mullen: I am returning your June 6, 2002 letter in which you asked the Research and Special Programs Administration (RSPA) to "strike down" certain requirements of the City of Galveston, Texas concerning the issuance of a permit to load, unload, or transport explosives. You state that "these rules restrict interstate commerce and have not been submitted to RSPA for ratification." The Department of Transportation and RSPA do not "strike down" hazardous materials. local requirements on the transportation of explosives or other A local government (including a city) is not required to submit its requirements to us for "ratification," interstate commerce and we do not issue opinions on whether a requirement restricts tribe applies for a "waiver" of preemption under 49 U.S.C. (except when a State, locality, or Indian $ 5125 (e)) . Under 49 U.S.C. § 5125 (d), the Department of Transportation may issue an administrative determination that Federal hazardous material transportation law preempts a requirement of a State, local, or Indian tribal government under the criteria set forth in 49 U.S.C. § 5125 (a), (b) (1), and (c). RSPA's procedures for issuing preemption determinations are contained in 49 C.F.R. S§ 107.201 - 107.213. Copies of these sections of the law and our procedural regulations are enclosed. If you wish to submit an application for an administrative determination of preemption, you need to provide the information specified in 49 C.F.R. § 107.203 (b), including why you believe the Galveston requirements are preempted under the preemption criteria in 49 U.S.C. S 5125(a) and (b) (1). You should also address the extent to which the Galveston requirements are#

Page 22 pursuant (or similar) to Captain of the Port or other orders of "authorized by another law of the United States." the U.s. Coast Guard and whether, on that account, they are I hope this information is helpful. If you have further the above address or at 202-366-4400. questions, please contact me or Frazer C. Hilder of my staff, at Sincerely, Edward H. Bonekemper, III Assistant Chief Counsel for Hazardous Material Safety, Research and Technology Law Enclosures CERTIFIED MAIL - RETURN RECEIPT REQUESTED#