Federal Register #2026-18382

PHMSA Administrative Determination on Federal Preemption for Gasoline Transportation Claims

This notice from the Pipeline and Hazardous Materials Safety Administration (PHMSA) addresses a legal determination related to hazardous materials transportation: - Government buyer: Department of Transportation, PHMSA - OEM/vendor mentioned: Exxon Mobil Corporation - Subject: Administrative determination on federal preemption of state common law claims regarding gasoline transportation - Key points: - Exxon Mobil petitioned for federal preemption of New Jersey state tort claims related to gasoline transport - PHMSA determined that federal law preempts these state claims, as they would interfere with compliance to federal Hazardous Materials Regulations (HMR) - Claims concerning marking, loading/unloading, and classification of gasoline not matching federal HMR are also preempted - Emphasizes the importance of uniform federal regulations for hazardous materials safety - No products or services are being procured; this is a legal/regulatory notice - No unique technical requirements beyond regulatory compliance and federal preemption

Description

The Exxon Mobil Corporation seeks a determination that Federal law preempts State common law claims brought against it in New Jersey concerning the safe transportation of gasoline in commerce. The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final administrative determination concluding that the State common law tort claims presented by Exxon are preempted. These duties, if imposed, would present an obstacle to compliance with the Federal regulatory framework essential for the safe transportation of gasoline. Claims about covered subjects such as marking, loading and unloading, and classification of gasoline that are not substantively the same as the applicable Hazardous Materials Regulations (HMR) provisions are preempted.

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