49 CFR § 397.203 Transportation of Hazardous Materials; Driving and Parking Rules

§ 397.203 Standards for determining preemption.

Current through Sep 25, 2026 · Read all of Part 397

(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]

← § 397.201 Purpose and scope of the procedures.§ 397.205 Preemption application. →