49 C.F.R. § 107.201

Current through March 31, 2024
Section 107.201 - Purpose and scope
(a) This subpart prescribes procedures by which:
(1) Any person, including a State, political subdivision, or Indian tribe, directly affected by a requirement of a State, political subdivision, or Indian tribe, may apply for a determination as to whether that requirement is preempted under 49 U.S.C. 5125 .
(2) A State, political subdivision, or Indian tribe may apply for a waiver of preemption with respect to any requirement that the State, political subdivision, or Indian tribe acknowledges to be preempted by 49 U.S.C. 5125 , or that has been determined by a court of competent jurisdiction to be so preempted.
(b) For purposes of this subpart "political subdivision" includes a municipality; a public agency or other instrumentality of one or more States, municipalities, or other political subdivisions of a State; or a public corporation, board, or commission established under the laws of one or more States.
(c) [Reserved]
(d) An application for a preemption determination that includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination.

49 C.F.R. §107.201

Amdt. 107-3, 41 FR 38171, 9/9/1976, as amended by Amdt. 107-24, 56 FR 8622, 2/28/1991; Amdt. 107-25, 57 FR 20428, 5/13/1992; Amdt. 107-32, 59 FR 49130, 9/26/1994; Amdt. 107-35, 60 FR 49108, 9/21/1995; Amdt. 107-38, 61 FR 21098, 5/9/1996; 68 FR 52846, 9/8/2003; 71 FR 30067, 5/25/2006