What does 49 CFR 397.201 (Purpose and scope of the procedures) require?

Short answer

49 CFR 397.201 requires procedures for applying to the Administrator for a determination of whether a highway routing designation for hazardous materials is preempted, and for applying for a waiver of preemption.

1. Any person directly affected by a highway routing designation may apply for a preemption determination.

2. A State, political subdivision, or Indian tribe may apply for a waiver of preemption.

The rule says

"This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation for hazardous materials may apply to the Administrator for a determination as to whether that highway routing designation is preempted under 49 U.S.C. 5125, or 397.69 or 397.203 of this part" (49 CFR 397.201(a)(1))

"A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted." (49 CFR 397.201(a)(2))

In plain English

This regulation sets out the process for determining whether a state or local rule for transporting hazardous materials is allowed under federal law, and for getting an exception to federal rules. It's about making sure that local rules don't conflict with federal safety standards. The rule applies to anyone affected by these local rules, including states, tribes, and companies. In practice, this means that if a state or local government has a rule about where hazardous materials can be transported, and someone thinks that rule might not be allowed under federal law, they can ask the federal government to review it.

What to do

• Review the highway routing designations in your area to ensure they comply with federal law.
• If you're directly affected by a routing designation, consider applying for a preemption determination.
• If you're a state, political subdivision, or Indian tribe, consider applying for a waiver of preemption if you acknowledge a routing designation is preempted or has been determined to be so by a court.