Ask X3What does 49 CFR 107.201 (Purpose and scope) require?
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Short answer
49 CFR 107.201 requires procedures for determining preemption and applying for a waiver of preemption under 49 U.S.C. 5125. It applies to any person, including states, political subdivisions, or Indian tribes, directly affected by a state or local requirement.
The rule says
"(a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision, or Indian tribe, directly affected by a requirement of a State, political subdivision, or Indian tribe, may apply for a determination as to whether that requirement is preempted under 49 U.S.C. 5125." (49 CFR 107.201)
"A State, political subdivision, or Indian tribe may apply for a waiver of preemption with respect to any requirement that the State, political subdivision, or Indian tribe acknowledges to be preempted by 49 U.S.C. 5125, or that has been determined by a court of competent jurisdiction to be so preempted." (49 CFR 107.201)
In plain English
This regulation sets out the process for resolving conflicts between federal and state or local laws regarding hazardous materials transportation. It allows affected parties to seek a determination on whether a state or local requirement is preempted by federal law and to apply for a waiver if it is. The goal is to ensure consistency and avoid confusion in the regulation of hazardous materials transportation.
What to do
- Review the requirements of 49 U.S.C. 5125 to understand what is preempted.
- Determine if a state or local requirement conflicts with federal law.
- Apply for a preemption determination if necessary.
- Apply for a waiver of preemption if the requirement is acknowledged to be preempted or has been determined to be preempted by a court.