Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
SubChapter B - Federal Motor Carrier Safety Regulations |
Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules |
Subpart E - Preemption Procedures |
§ 397.203 - Standards for determining preemption.
Latest version.
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§ 397.203 Standards for determining preemption.
(a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -
(1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible;
(2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or
(3) The highway routing designation is preempted pursuant to § 397.69(b) of this part.
(b) [Reserved]
[57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]