Ask X3What does 49 CFR 397.205 (Preemption application) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As Ask X3, your fleet-compliance assistant, here is what 49 CFR 397.205 requires for a preemption application:
If you or another affected party want to apply to the Administrator for a determination of whether a State, local, or tribal highway routing designation is preempted, 49 CFR 397.205 requires the application to include the following:
1. Submission details: Mail the application to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001, with the attention line: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE).
2. Description: Provide a detailed description of the specific highway routing designation in question.
3. Provisions: If applicable, specify the exact provisions of the Act or its regulations under which you are seeking preemption.
4. Explanation: Explain why you believe the routing designation should or should not be preempted based on the standards in § 397.203.
5. Impact: State clearly how you are directly affected by the routing designation.
Important practical notes for motor carriers:
* Filing this application does not give you grounds to ignore or stay out of compliance with any existing Act or regulation (49 CFR 397.205).
* Once the Administrator publishes notice of the application in the Federal Register, you generally cannot seek relief in court on the same issue until final action is taken or 180 days pass, whichever happens first.