[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.201]

[Page 27]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart C_Preemption
 
Sec. 107.201  Purpose and scope.


    (a) This subpart prescribes procedures by which:
    (1) Any person, including a State, political subdivision, or Indian 
tribe, directly affected by a requirement of a State, political 
subdivision, or Indian tribe, may apply for a determination as to 
whether that requirement is preempted under 49 U.S.C. 5125.
    (2) A State, political subdivision, or Indian tribe may apply for a 
waiver of preemption with respect to any requirement that the State, 
political subdivision, or Indian tribe acknowledges to be preempted by 
49 U.S.C. 5125, or that has been determined by a court of competent 
jurisdiction to be so preempted.
    (b) For purposes of this subpart ``political subdivision'' includes 
a municipality; a public agency or other instrumentality of one or more 
States, municipalities, or other political subdivisions of a State; or a 
public corporation, board, or commission established under the laws of 
one or more States.
    (c) [Reserved]
    (d) Unless otherwise ordered by the Associate Administrator, an 
application for a preemption determination which includes an application 
for a waiver of preemption will be treated and processed solely as an 
application for a preemption determination.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8622, Feb. 28, 1991; Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 
107-32, 59 FR 49130, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 
21, 1995; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52846, Sept. 8, 
2003]

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