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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

§ 397.219: Waiver determination and order.

(a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination.
(b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. In determining whether the requirement of the State, political subdivision thereof, or Indian tribe unreasonably burdens commerce, the Administrator may consider the following factors:
(1) The extent to which increased costs and impairment of efficiency result from the highway routing designation of the State, political subdivision thereof, or Indian tribe;
(2) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe has a rational basis;
(3) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe achieves its stated purpose; and
(4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes.
(c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with § 397.223.
(d) The Administrator serves a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Administrator as one who may be affected by the order. A copy of each order is placed on file in the public docket. The Administrator may publish the order or notice of the order in the Federal Register.
(e) If no petition for reconsideration is filed within 20 days in accordance with § 397.223, an order issued under this section constitutes the final agency decision regarding whether a particular requirement of a State, political subdivision thereof, or Indian tribe is preempted under the Act or any regulations issued thereunder, or whether preemption is waived.


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.