[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR397.213]



[Page 483-484]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec. 397.213  Waiver of preemption application.



    (a) Any State, political subdivision thereof, or Indian tribe may 

apply to the Administrator for a waiver of preemption with respect to 

any highway routing designation that the State, political subdivision 

thereof, or Indian tribe acknowledges to be preempted by the Act, Sec. 

397.203 of this subpart, or a court of competent jurisdiction. The 

Administrator may waive preemption with respect to such requirement upon 

a determination that such requirement--

    (1) Affords an equal or greater level of protection to the public 

than is afforded by the requirements of the Act or regulations issued 

under the Act, and

    (2) Does not unreasonably burden commerce.

    (b) Each application filed under this section for a waiver of 

preemption determination must:

    (1) Be submitted to the Administrator, Federal Motor Carrier Safety 

Administration, U.S. Department of Transportation, Washington, DC 20590-

0001. Attention: Office of the Chief



[[Page 484]]



Counsel (MC-CC), Hazardous Materials Preemption Docket;

    (2) Set forth a detailed description of the highway routing 

designation of the State, political subdivision thereof, or Indian tribe 

for which the determination is being sought;

    (3) Include a copy of any relevant court order or determination 

issued pursuant to Sec. 397.211;

    (4) Contain an express acknowledgment by the applicant that the 

highway routing designation of the State, political subdivision thereof, 

our Indian tribe is preempted under the Act or the regulations issued 

under the Act, unless it has been so determined by a court of competent 

jurisdiction or in a determination issued under this subpart;

    (5) Specify each provision of the Act or the regulations issued 

under the Act that preempts the highway routing designation of the 

State, political subdivision thereof, or Indian tribe;

    (6) State why the applicant believes that the highway routing 

designation of the State, political subdivision thereof, or Indian tribe 

affords an equal or greater level of protection to the public than is 

afforded by the requirements of the Act or the regulations issued under 

the Act;

    (7) State why the applicant believes that the highway routing 

designation of the State, political subdivision thereof, or Indian tribe 

does not unreasonably burden commerce; and

    (8) Specify what steps the State, political subdivision thereof, or 

Indian tribe is taking to administer and enforce effectively the 

preempted requirement.