This report summarizes the significant developments affecting nuclear transportation activities and Federal preemption that have occurred over the last two fiscal years (1984 and 1985). The most significant developments in this period were the decision by the US Supreme Court in 1984 not to accept the New York City case; the issuance by the US Department of Transportation (DOT) of its long-awaited inconsistency rulings concerning state or local transportation restructions in the states of New York, Michigan, Vermont and Arizona; and, DOT's denial in September 1985 of New York City's application for a nonpreemption determination. By way of background, DOT has published national safety standards, commonly referred to as HM-164, for highway transportation of radioactive materials. HM-164 generally requires carriers of ''highway route controlled quantities'' of radioactive materials to use Interstate highways, but permits a state agency to substitute non-Interstate roads for Interstate segments, or to add additional highways to what the rule terms ''preferred highways'' as long as a safety analysis supports the state action. As authorized by Section 112 of the Hazardous Materials Transportation Act of 1974 (HMTA), HM-164 expressly preempts inconsistent state and local rules, but specifically allows states and localities to petition DOT for non-preemption. While the framework governing federal preemption for nuclear materials transportation has had some clouds removed by the last two year's DOT inconsistency rulings and non-preemption determination, and the various court decisions, states and localities continue to want, and adopt, additional restrictions. Congress again is being asked to consider changes in the statutory framework that heretofore supposedly was intended to promote uniform national standards. In any case, HM-164 remains to be more fully implemented before spent fuel can be transported routinely under uniform nationwide safety rules. (ERA citation 11:010992)
Developments over the Last Two Years Concerning Nuclear Transportation and Federal Preemption
1986
23 pages
Report
No indication
English
Federal Preemption of State Transportation Laws
British Library Conference Proceedings | 1994
|Federal Preemption of State Transportation Laws
British Library Conference Proceedings | 1994
|Federal Preemption of State Transportation Laws
British Library Conference Proceedings | 1994
|The Expanding Scope of Federal Preemption in Transportation - What's Left for the States?
British Library Conference Proceedings | 1996
|