Notice2026-02574
Hazardous Materials: Preemption Application From Exxon Mobil Corporation; Extension of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is extending the period for comments on Exxon Mobil Corporation's application for an administrative determination as to whether the Federal hazardous material transportation law (HMTA) preempts certain state common law tort claims against it regarding the marking, employee training, loading and unloading, and hazardous material classification for gasoline transported by cargo tank motor vehicle.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5988-5989]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02574]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2025-0777; PDA-42(R)]
Hazardous Materials: Preemption Application From Exxon Mobil
Corporation; Extension of Comment Period
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice, and extension of comment period.
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SUMMARY: PHMSA is extending the period for comments on Exxon Mobil
Corporation's application for an administrative determination as to
whether the Federal hazardous material transportation law (HMTA)
preempts certain state common law tort claims against it regarding the
marking, employee training, loading and unloading, and hazardous
material classification for gasoline transported by cargo tank motor
vehicle.
DATES: The comment period for the Notice published January 9, 2026, at
91 FR 1032, is extended. Comments received on or before March 23, 2026
and rebuttal comments received on or before April 21, 2026, will be
considered before an administrative determination is issued by PHMSA's
Chief Counsel. Rebuttal comments may discuss only those issues raised
by comments received during the initial comment period and may not
discuss new issues.
ADDRESSES: All documents in this proceeding, including Exxon Mobil
Corporation's application and all comments received, may be reviewed in
the Docket Operations Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590. All documents in this
proceeding are also available on the U.S. Government <a href="http://Regulations.gov">Regulations.gov</a>
website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Comments must refer to Docket No. PHMSA-2025-0777 and may be
submitted by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Operations Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Docket Operations Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays.
Commenters must send a copy of their comment to the individuals
listed below. Commenters must include a certification that a copy of
the comment has been sent to these persons:
<bullet> Ilana H. Eisenstein, Counsel for Exxon Mobil Corporation,
DLA Piper LLP, 1650 Market Street, Suite 5000, Philadelphia, PA 19103.
<bullet> The Honorable Bruce J. Kaplan, Civil Presiding Judge,
Middlesex County Courthouse, 56 Paterson Street, New Brunswick, NJ
08901.
<bullet> Andrew J. Dupont, The Curtis Center, Suite 720 East, 601
Walnut Street, Philadelphia, PA 19106.
<bullet> Jeffrey Kluger, McGivney, Kluger, Clark & Intoccia, P.C.,
290 W Mt. Pleasant Ave., Suite 4200, Livingston, NJ 07039.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing a comment submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
A subject matter index of hazardous materials preemption cases,
including a listing of all inconsistency rulings and preemption
determinations, is available through PHMSA's home page at <a href="http://phmsa.dot.gov">http://phmsa.dot.gov</a>. From the home page, click on ``Regulations and
Compliance,'' then on ``Standards & Rulemaking,'' then on ``Hazardous
Materials Standards and Rulemaking,'' then on ``Preemption
Determinations'' located on the left side of the page. A paper copy of
the index will be provided at no cost upon request to Mr. Doyle, at the
address and telephone number set forth in the FOR FURTHER INFORMATION
CONTACT section below.
FOR FURTHER INFORMATION CONTACT: Patrick Doyle, Office of Chief
Counsel, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590; Telephone No. 202-366-4400; Facsimile No. 202-366-7041.
SUPPLEMENTARY INFORMATION: The Exxon Mobil Corporation (Exxon) has
applied for an administrative determination as to whether the Federal
hazardous material transportation law (HMTA) preempts certain state
common law tort claims against it regarding the marking, employee
training, loading and unloading, and hazardous material classification
for gasoline transported by cargo tank motor vehicle (CTMV).\1\ Exxon's
application for a preemption determination originated from common law
tort claims brought against it in a New Jersey state court by a former
driver whose duties included driving a CTMV and filling it with
gasoline at an Exxon facility. The tort claims focus on an assertion
that the benzene in gasoline causes an unreasonably high risk of cancer
for hazardous materials employees who transport it. The New Jersey
state court denied the Defendants' motion for summary judgment on June
24, 2025, in which Exxon claimed the state common law tort claims are
preempted by federal law. Exxon now asks PHMSA to consider questions
similar to what it presented to the New Jersey state court. PHMSA
published a notice of Exxon's application in the
[[Page 5989]]
Federal Register on January 9, 2026 (91 FR 1032).\2\ On January 30,
2026, the Offices of the Attorneys General of Rhode Island, New Jersey,
Connecticut, Delaware, Maine, New York, and Nevada asked for an
extension of time in which to file comments.
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\1\ The HMTA is codified at 49 U.S.C. 5101 et seq.
\2\ <a href="https://www.federalregister.gov/documents/2026/01/09/2026-00231/hazardous-materials-notice-of-preemption-application-from-exxon-mobil-corporation-and-invitation-for">https://www.federalregister.gov/documents/2026/01/09/2026-00231/hazardous-materials-notice-of-preemption-application-from-exxon-mobil-corporation-and-invitation-for</a>.
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After review of the Offices of the Attorneys General of Rhode
Island, New Jersey, Connecticut, Delaware, Maine, New York, and
Nevada's request, we have granted their request.
Issued in Washington, DC, on February 5, 2026.
Keith J. Coyle,
Chief Counsel.
[FR Doc. 2026-02574 Filed 2-9-26; 8:45 am]
BILLING CODE 4910-60-P
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