Nat'l Tank Truck Carriers, Inc. v. Edward F. Burke, Adm'r, Rhode Island Div. of Pub. Utils., 698 F.2d 559 (1st Cir. 1983). · Go Syfert
Nat'l Tank Truck Carriers, Inc. v. Edward F. Burke, Adm'r, Rhode Island Div. of Pub. Utils., 698 F.2d 559 (1st Cir. 1983). Cases Citing This Book View Copy Cite
13 citation events (1 in the last 25 years) across 8 distinct courts.
Strongest positive: New Hampshire Motor Transport Ass'n v. Town of Plaistow (nhd, 1993-10-25)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" New Hampshire Motor Transport Ass'n v. Town of Plaistow
D.N.H. · 1993 · signal: see · confidence high
See National Tank Truck Carriers, Inc. v. Burke, 535 F.Supp. 509 (D.R.I.1982), aff'd 698 F.2d 559 (1st Cir.1983) (state regulations which prohibit transportation of hazardous substances during rush hours could cause unnecessary delays in conflict with one purpose of HMTA and are therefore preempted); Union P.R.
Retrieving the full opinion text from the archive…
NATIONAL TANK TRUCK CARRIERS, INC., Plaintiff, Appellee,
v.
Edward F. BURKE, Administrator, Rhode Island Division of Public Utilities, Defendant, Appellant
82-1643.
Court of Appeals for the First Circuit.
Jan 31, 1983.
698 F.2d 559
John R. McDermott, Sp. Asst. Atty. Gen., Providence, R.I., for defendant, appellant., Lawrence W. Bierlein, with whom James J. McGair, Providence, R.I., was on brief, for plaintiff, appellee.
Aldrich, Campbell, Breyer.
Cited by 12 opinions  |  Published
PER CURIAM.

We affirm the judgment of the district court substantially for the reasons stated in its opinion. National Tank Truck Carriers, Inc. v. Burke, 535 F.Supp. 509 (D.R.I.1982). We simply add, as to the “ac[*560] cident report” requirement, that we read the opinion of the Department of Transportation as interpreting its regulation, 49 C.F.R. § 171.16 (1981), to forbid similar state regulations aimed solely at hazardous materials carriers (and not justified by, say, an emergency). State of Rhode Island Rules and Regulations Governing the Transportation of Liquified Natural Gas and Liquified Propane Gas Intended to be Used by a Public Utility; Inconsistency Ruling (IR-2), 44 Fed.Reg. 75,566, 75,572 (1979). We believe that an agency has authority to interpret its own regulations and that a court must show considerable respect to any such interpretation. Ford Motor Credit Co. v. Milhollin, 444 U.S. 555, 100 S.Ct. 790, 63 L.Ed.2d 22 (1980); Bowles v. Seminole Rock Co., 325 U.S. 410, 413-14, 65 S.Ct. 1215, 1217, 89 L.Ed. 1700 (1945). This interpretation is reasonable, and the district court, as well as DOT, could readily find a conflict between Rhode Island’s requirement and this DOT regulation as so interpreted. For that reason, the requirement is inconsistent with federal law, and therefore invalid under 49 U.S.C. § 1811(a).

Affirmed.