News Digest DOT 109-16
PHMSA Issues Public Invitation to Comment on Application for Federal Preemption on California Meal and Rest Break Requirements. The Pipeline and Hazardous Materials Safety Administration (PHMSA) today published a Public Notice and Invitation to comment on an application from the National Tank Truck Carriers (NTTC), Inc. to determine whether federal hazardous material regulations preempt or override the state of California’s meal and rest break requirements. California law generally prohibits employers from requiring a truck driver to work during any meal or rest period. In its application, NTTC lists three reasons for why they believe federal law should preempt California law: it creates unnecessary delays for the transportation of hazardous materials; it conflicts with the attendance requirements of the Hazardous Materials Regulations (HMR); and it creates an obstacle to accomplishing the security objectives of the HMR. The notice will be open for comments for 45 days after the publication date of the notice in the Federal Register. An actual date of publication will be determined by the Federal Register, but a preview of the notice transmitted by PHMSA is available on the agency's website at www.phmsa.dot.gov.
Integrated Pipeline Inspection Results in Notice of Probable Violation and Proposed Civil Penalties for Colorado Interstate Gas Company, LLC. The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed civil penalties totaling $198,000 and issued a Notice of Probable Violation and Proposed Compliance Order to Colorado Interstate Gas Company, LLC, a subsidiary of Kinder Morgan, after concluding an integrated inspection of three hazardous liquid pipelines transporting propane, butane, and gasoline in Sinclair, Wyoming, Aug. 10-14. The NOPV identifies four possible violations of the pipeline safety regulations, including issues related to pipeline integrity management in high consequence areas and a failure to inspect mainline valves at least twice per year as required.