Ask X3What does 49 CFR 397.211 (Preemption determination) require?
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Based on 49 CFR 397.211, here is what the preemption determination process involves for your motor-carrier operations:
* Issuance: The Administrator issues a preemption determination after considering an application and other relevant information, or the Administrator may issue one on their own initiative without an application being filed.
* Content: The determination must include a written statement of the relevant facts and the legal basis for the decision. It will also state that any aggrieved person may file a petition for reconsideration within 20 days.
* Service and Records: The Administrator serves a copy of the determination to the applicant (unless it was issued on the Administrator's own initiative), to any other person who participated in the proceeding, and to anyone readily identifiable as being affected. A copy is also placed in the public docket, and the determination (or notice of it) may be published in the Federal Register.
* Final Decision: If no petition for reconsideration is filed within 20 days, the determination becomes the final agency decision on whether a State, local, or Indian tribe's highway routing designation is preempted.
* No Implications: If no determination has been issued for a particular routing designation, it carries no legal implication as to whether that requirement is actually preempted.