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federal_register: E9-1419

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document_number title type abstract publication_date pub_year pub_month html_url pdf_url agency_names agency_ids excerpts regulation_id_numbers
E9-1419 Massachusetts' Definitions of Hazardous Materials Notice The Federal Hazmat Law does not preempt the definitions of "hazardous material" in M.G.L. chs. 21 E and 21 K. As applied and enforced, the challenged provisions of Massachusetts' laws are not an "obstacle" to accomplishing and carrying out the Federal Hazmat Law, the HMR, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security. Because a regulated entity may comply with the State and Federal requirements at the same time the Massachusetts' laws are not preempted under the "dual compliance" test. These definitions and State requirements also do not concern any of the five subject areas in which State Authority is expressly preempted by the Federal Hazmat Law, and State enforcement of these laws does not otherwise frustrate Congressional intent. 2009-01-23 2009 1 https://www.federalregister.gov/documents/2009/01/23/E9-1419/massachusetts-definitions-of-hazardous-materials https://www.govinfo.gov/content/pkg/FR-2009-01-23/pdf/E9-1419.pdf Transportation Department; Pipeline and Hazardous Materials Safety Administration 492,408 The Federal Hazmat Law does not preempt the definitions of "hazardous material" in M.G.L. chs. 21 E and 21 K. As applied and enforced, the challenged provisions of Massachusetts' laws are not an "obstacle" to accomplishing and carrying out the Federal...  

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