Ask X3What does 49 CFR 397.213 (Waiver of preemption application) require?
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Under 49 CFR 397.213, a State, political subdivision, or Indian tribe may apply to the Administrator for a waiver of preemption for a highway routing designation that is acknowledged or determined to be preempted.
To apply for this waiver, the application must:
1. Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001, with the attention directed to the Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE).
2. Provide a detailed description of the highway routing designation for which the determination is sought.
3. Include a copy of any relevant court order or determination issued under § 397.211.
4. Contain an express acknowledgment that the routing designation is preempted (unless a court or a determination under this subpart has already established it).
5. Specify which provisions of the Act or its regulations preempt the routing designation.
6. Explain why the routing designation provides an equal or greater level of public protection than the Act or its regulations.
7. Explain why the routing designation does not unreasonably burden commerce.
8. Detail the steps being taken to effectively administer and enforce the preempted requirement.
The Administrator may grant the waiver if it is determined that the routing designation offers an equal or greater level of public protection and does not unreasonably burden commerce.