Pipeline and Hazardous Materials Safety Administration July 3, 2012 – Federal Register Recent Federal Regulation Documents

Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas Cylinders
Document Number: 2012-16240
Type: Notice
Date: 2012-07-03
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Federal hazardous material transportation law preempts a private cause of action which seeks to create or establish a State common law requirement applicable to the design, manufacture, or marking of a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce when that State common law requirement would not be substantively the same as the requirements in the HMR. Federal hazardous material transportation law does not preempt a tort claim that a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material failed to meet the design, manufacturing, or marking requirements in the HMR or that a person who offered a hazardous material for transportation in commerce or transported a hazardous material in commerce failed to comply with applicable requirements in the HMR.