Ask X3What does 49 CFR 107.202 (Standards for determining preemption) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Short answer
49 CFR 107.202 requires that any state or local requirement concerning certain subjects related to hazardous materials transportation must be substantively the same as the federal requirement or be preempted. The subjects include the designation, classification, and handling of hazardous materials, as well as the preparation and use of shipping documents.
The rule says
A requirement of a State or political subdivision thereof or an Indian tribe that concerns one of the following subjects and that is not substantively the same as any provision of the Federal hazardous materials transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security that concerns that subject, is preempted: (1) The designation, description, and classification of hazardous material — 49 CFR 107.202(a).
"For purposes of this section, “substantively the same” means that the non-Federal requirement conforms in every significant respect to the Federal requirement." (49 CFR 107.202(d))
In plain English
This means that states and local governments cannot impose their own rules on hazardous materials transportation if those rules are not identical to federal regulations. The goal is to ensure consistency and safety in the transportation of hazardous materials across the country. If a state or local rule is not the same as the federal rule, it will be preempted, meaning it cannot be enforced. This preemption applies to a range of topics, including how hazardous materials are classified, handled, and documented.
What to do
- Review your state and local regulations to ensure they align with federal hazardous materials transportation laws.
- Identify any areas where state or local rules may differ from federal regulations and take steps to bring them into compliance.
- Consult with regulatory experts or legal counsel to ensure you understand the preemption requirements and can implement them correctly.