[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR397.203]

[Page 488]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 
RULES--Table of Contents
 
                     Subpart E_Preemption Procedures
 
Sec.  397.203  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--
    (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]