Chamber Urges PHMSA to Reject Challenge to Hazmat Preemption Ruling

The U.S. Chamber of Commerce told PHMSA's chief counsel to deny petitions seeking reconsideration of Administrative Determination No. PD-42(R), the agency's September 9, 2026 finding that federal hazardous material transportation law preempts New Jersey state-law claims against Exxon Mobil over marking, training, loading and classification requirements for gasoline moved by cargo tank motor vehicle. The Chamber had backed Exxon's original preemption application in March 2026.

In its new filing, the Chamber argued the Hazardous Materials Transportation Act sets independent preemption standards meant to keep hazmat rules uniform nationwide, and that letting state tort law add requirements on marking, classification or handling would undercut that uniformity. It rejected petitioners' claim that the OSH Act's savings clause authorizes state hazmat duties, saying the clause only preserves existing rights without creating new regulatory authority. Citing Supreme Court rulings including this year's Monsanto Co. v. Durnell, the Chamber said common-law damages claims count as state "requirements" subject to preemption just like statutes or regulations.

The filing does not identify who filed the reconsideration petitions or address their specific arguments beyond the three points rebutted.

What's next

• No decision deadline is stated; watch docket PHMSA-2025-0777 for PHMSA's ruling on the reconsideration petitions.
• The underlying New Jersey state court case remains pending behind the preemption determination.

All sources

• Other: US Chamber of Comments Re Petitions for Reconsideration of Administrative Determination No. PD-42R — Regulations.gov (PHMSA), 2026-10-20