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DOT ISSUES DECISION ON NEW YORK CITY'S WAIVER APPLICATION

 DOT ISSUES DECISION ON NEW YORK CITY'S WAIVER APPLICATION
 WASHINGTON, May 29 /PRNewswire/ -- The Department of Transportation's Research and Special Programs Administration (RSPA) today denied New York City's application to limit the capacity of gasoline and fuel oil delivery trucks.
 The agency found that the city's regulations fell short of federal safety standards and created an unreasonable burden on commerce.
 RSPA did grant the city's request to retain regulations for the unloading of gasoline and for local response procedures that apply to accidents or other emergencies involving these delivery trucks. The agency also ruled the city could continue to enforce its local regulations that prohibit smoking on or around these trucks and that require annual safety inspections, because these rules are not preempted by federal law.
 RSPA based its decision on the Hazardous Materials Transportation Act (HMTA), which provides for uniform federal standards to promote public safety. These standards allow the use of trucks with larger tanks.
 Since 1984, the city's special regulations on trucks picking up and delivering flammable and combustible liquids have been the subject of legal challenge. In October of last year, the city conceded that certain of these regulations were preempted by the HMTA and applied for a waiver of preemption for those regulations.
 In denying the city's application to retain its capacity regulation, RSPA found no evidence that the larger trucks, which are permitted to operate nationwide, had more frequent or more serious accidents than the smaller trucks used under local regulations.
 The decision also covers trucks that carry other flammable and combustible liquids such as paints, chemicals and chemical wastes, which are generally used to make pickups and deliveries only in industrial areas of the city.
 -0- 5/29/92
 /CONTACT: John Stoner of the DOT's Research and Special Programs Administration, 202-366-4831/ CO: Department of Transportation ST: New York IN: TRN SU: EXE


DC -- DC027 -- 5334 05/29/92 16:49 EDT
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Publication:PR Newswire
Date:May 29, 1992
Words:318
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