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FMCSA preempts Boston’s hazmat routing restrictions

The Federal Motor Carrier Safety Administration (FMCSA) granted the American Trucking Association’s (ATA’s) preemption petition challenging the City of Boston’s hazardous materials transportation restrictions on the grounds that Boston failed to comply with the federal requirements for designating hazardous materials routes.

ATA challenged Boston’s rerouting of trucks transporting hazardous materials that occurred in 2006 during construction of the Central Artery tunnel, also known as the “Big Dig” project. ATA also challenged the city’s de facto ban on hazardous materials transportation created by the city’s refusal to issue permits to motor carriers for the transportation of hazardous materials through the city under its existing hazmat permitting program. A copy of the FMCSA Preemption Determination was published in the November 16, 2009 Federal Register.

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