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  • § 397.1
    Application of the rules in this part.
  • § 397.2
    Compliance with Federal motor carrier safety regulations.
  • § 397.3
    State and local laws, ordinances, and regulations.
  • § 397.5
    Attendance and surveillance of motor vehicles.
  • § 397.7
    Parking.
  • § 397.9
  • § 397.11
    Fires.
  • § 397.13
    Smoking.
  • § 397.15
    Fueling.
  • § 397.17
    Tires.
  • § 397.19
    Instructions and documents.
  • § 397.61
    Purpose and scope.
  • § 397.63
    Applicability.
  • § 397.65
    Definitions.
  • § 397.67
    Motor carrier responsibility for routing.
  • § 397.69
    Highway routing designations; preemption.
  • § 397.71
    Federal standards.
  • § 397.73
    Public information and reporting requirements.
  • § 397.75
    Dispute resolution.
  • § 397.77
    Judicial review of dispute decision.
  • § 397.101
    Requirements for motor carriers and drivers.
  • § 397.103
    Requirements for State routing designations.
  • § 397.201
    Purpose and scope of the procedures.
  • § 397.203
    Standards for determining preemption.
  • § 397.205
    Preemption application.
  • § 397.207
    Preemption notice.
  • § 397.209
    Preemption processing.
  • § 397.211
    Preemption determination.
  • § 397.213
    Waiver of preemption application.
  • § 397.215
    Waiver notice.
  • § 397.217
    Waiver processing.
  • § 397.219
    Waiver determination and order.
  • § 397.221
    Timeliness.
  • § 397.223
    Petition for reconsideration.
  • § 397.225
    Judicial review.

Part 397
TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES

§ 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, § 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, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE);
(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 § 397.211;
(4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or 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.

Citation: [57 FR 44132, Sept. 24, 1992, as amended at 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.