Federal Register #PHMSA-2025-0776

Federal Preemption Notice: California Reusability Mandate for Propane Cylinders

This notice from the Pipeline and Hazardous Materials Safety Administration (PHMSA) addresses federal preemption of California's reusability mandate for propane cylinders. - Government Buyer: - U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) - OEMs and Vendors Mentioned: - Worthington Enterprises, Inc. (applicant) - Products/Services Referenced: - DOT39 non-reusable (non-refillable) propane cylinders - Unique or Notable Requirements: - California's Public Resources Code Sections 42395-42395.2 mandates reusability for propane cylinders - PHMSA determined that federal Hazardous Materials Regulations (HMR) preempt California's requirements - The notice clarifies regulatory conflicts between state and federal standards for hazardous materials packaging - No procurement of goods or services is requested; this is a regulatory determination, not a solicitation.

Description

The solicitation concerns the administrative determination of preemption regarding California's reusability mandate for propane cylinders. The Federal Hazardous Materials Transportation Act (HMTA) preempts California's mandate, which imposes localized design and manufacturing requirements on propane cylinders that differ from federal regulations. The mandate is considered an obstacle to the federal hazardous materials transportation legal and regulatory regime, creating a fragmented regulatory environment. The determination addresses the conflict between state and federal regulations to ensure uniformity in hazardous materials transportation safety standards.

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