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Home | Headlines | Comments for PHMSA

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Comments for PHMSA

- 3/20/2009
Philadelphia, PA - GAWDA has filed comments with the Pipeline and Hazardous Materials Safety Administration (PHMSA) supporting federal preemption of state tort claims involving cylinders that are manufactured to DOT specifications. The proceeding arose from a case where a DOT-39 cylinder ruptured, causing injury; a federal bankruptcy judge questioned whether the fact that the cylinder met DOT specifications when manufactured precluded a tort claim for defective manufacturing or notice. PHMSA had requested public comments on the legal implications of complying with the regulations. GAWDA argued that the Hazardous Materials Transportation Act and the need for nationwide uniformity preclude a plaintiff from claiming that differing state tort law standards may be applied to cylinders that met federal standards when they were manufactured. GAWDA’s comments can be read here.
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