What does 49 CFR 107.203 (Application) require?

Short answer

49 CFR 107.203 requires any person directly affected by a State or political subdivision's requirement to apply to the Chief Counsel for a determination on whether that requirement is preempted by § 107.202(a), (b), or (c). The application must include specific information, such as the text of the requirement and an explanation of why the applicant believes it should or should not be preempted.

The rule says

"Any person, including a State or political subdivision thereof or an Indian tribe, directly affected by any requirement of a State or political subdivision thereof or an Indian tribe, may apply to the Chief Counsel for a determination as to whether that requirement is preempted by § 107.202(a), (b), or (c)." (49 CFR 107.203(a))

"Each application filed under this section for a determination must: (1) Be submitted to the Chief Counsel: (i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; (ii) By facsimile to 202-366-7041; or (iii) Electronically to the Chief Counsel at [email protected]." (49 CFR 107.203(b))

Each application filed under this section for a determination must: (2) Set forth the text of the State or political subdivision or Indian tribe requirement for which the determination is sought; (3) Specify each requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security with which the applicant seeks the State or political subdivision or Indian tribe requirement to be compared; (4) Explain why the applicant believes the State or political subdivision or Indian tribe requirement should or should not be preempted under the standards of § 107.202; and (5) State how the applicant is affected by the State or political subdivision or Indian tribe requirement — 49 CFR 107.203(b).

In plain English

This regulation allows individuals or entities affected by a state or local requirement to seek a determination from the Chief Counsel on whether that requirement is preempted by federal law. The application process involves submitting specific information, including the text of the requirement and an explanation of why the applicant believes it should or should not be preempted.

What to do

• Submit the application to the Chief Counsel via mail, facsimile, or electronically.
• Ensure the application includes all required information, such as the text of the requirement and an explanation of why the applicant believes it should or should not be preempted.
• Specify the federal requirements with which the state or local requirement should be compared.
• Explain how the applicant is affected by the state or local requirement.