Ask X3What does 49 CFR 390.46 (Preemption of State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment) require?
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Based on 49 CFR 390.46, State, local, or tribal laws, regulations, orders, or other requirements regarding the inspection, repair, and maintenance of intermodal equipment are preempted if they exceed or are inconsistent with Federal Motor Carrier Safety Regulations.
Additionally, regarding pre-existing State requirements for the periodic inspection of intermodal chassis by intermodal equipment providers that were in effect on January 1, 2005:
* They only remained in effect until June 17, 2009, unless the Administrator determined the State requirement is as effective as the FMCSA final rule and does not unduly burden interstate commerce (based on a timely application submitted by the State before June 17, 2009).
* If a State amends a regulation that previously received a nonpreemption determination, the State must apply for a new determination for the amended regulation before it takes effect, and the Administrator must determine that the amendment is not less effective than the FMCSA final rule and does not unduly burden interstate commerce.