[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR397.203]



[Page 482-483]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec.  397.203  Standards for determining preemption.



    (a) Any highway routing designation established, maintained, or 

enforced by a State, political subdivision thereof, or Indian tribe is 

preempted if--



[[Page 483]]



    (1) Compliance with both the highway routing designation and any 

requirement under the Act or of a regulation issued under the Act is not 

possible;

    (2) The highway routing designation as applied or enforced creates 

an obstacle to the accomplishment and execution of the Act or the 

regulations issued under the Act; or

    (3) The highway routing designation is preempted pursuant to Sec.  

397.69(b) of this part.

    (b) [Reserved]



[57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]