Ask X3What does 49 CFR 397.219 (Waiver determination and order) require?
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Based on 49 CFR 397.219, here is what the regulation requires for a waiver determination and order:
* Administrator's Determination: After reviewing your application and any other relevant information from the proceeding, the Administrator will issue an order stating their decision.
* Criteria for Granting a Waiver: The Administrator can only issue a waiver of preemption order if they find that the State, local, or tribal requirement:
* Provides the public with a level of safety that is at least equal to the safety provided by the Act and its regulations; and
* Does not unreasonably burden commerce (which is evaluated by looking at factors such as increased costs, efficiency impairment, whether the rule has a rational basis, whether it achieves its purpose, and the need for uniformity without conflicting with other jurisdictions).
* Content of the Order: The order must include a written statement explaining the relevant facts and the legal basis for the decision. It must also state that anyone aggrieved by the order can file a petition for reconsideration under § 397.223.
* Service and Filing: The Administrator must serve a copy of the order to the applicant, anyone who participated in the proceeding, and any other easily identifiable affected persons. A copy is also placed in the public docket, and the Administrator may publish the order or a notice of it in the Federal Register.
* Finality: If no petition for reconsideration is filed within 20 days (per § 397.223), the order becomes the final agency decision on whether the requirement is preempted or if preemption is waived.