What does 49 CFR 107.209 (Determination) require?

Short answer

49 CFR 107.209 requires the Chief Counsel to issue a determination on whether a particular requirement of a State or political subdivision or Indian tribe is preempted under the Federal hazardous materials transportation law. The determination includes a written statement setting forth the relevant facts and the legal basis for the determination.

The rule says

"The Chief Counsel issues a determination." (49 CFR 107.209(a))

"The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration with the Chief Counsel." (49 CFR 107.209(b))

"A determination issued under this section constitutes an administrative determination as to whether a particular requirement of a State or political subdivision or Indian tribe is preempted under the Federal hazardous materials transportation law." (49 CFR 107.209(d))

In plain English

This rule is about how the Chief Counsel makes a decision on whether a state or local law is allowed under federal hazardous materials transportation law. The Chief Counsel looks at the application and other relevant information, then issues a written determination that explains the decision and the reasons behind it. If someone disagrees with the determination, they can ask for it to be reconsidered.

What to do

• Review the application and relevant information to ensure it is complete and accurate.
• Wait for the Chief Counsel to issue a determination.
• If aggrieved by the determination, file a petition for reconsideration with the Chief Counsel.
• Ensure compliance with the determination, whether it preempts a state or local law or not.