政策法规现行有效美国危险品合规

§ 107.203 Application.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2026-08-07	2026-09-08	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布08-07

生效09-08

摘要总结AI 辅助解读

本条款（49 CFR § 107.203）规定了向美国管道和危险品安全管理局（PHMSA）首席法律顾问申请判定州或地方危险品法规是否被联邦法律优先适用（Preemption）的具体程序。内容涵盖申请提交方式（邮寄、传真、电子邮件）、申请材料必备要素（引用具体法规、对比标准、说明受影响情况），以及申请期间不免除合规义务、限制同期诉讼等程序性规则。该条款属于行政程序指引，未直接设定新的实体合规义务或处罚措施。

(a) With the exception of highway routing matters covered under 49 U.S.C. 5125(c), any person, including a State or political subdivision thereof or an Indian tribe, directly affected by any requirement of a State or political subdivision thereof or an Indian tribe, may apply to the Chief Counsel for a determination as to whether that requirement is preempted by § 107.202(a), (b), or (c).
(b) Each application filed under this section for a determination must:

- (1) Be submitted to the Chief Counsel:

(i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;

- (ii) By facsimile to 202-366-7041; or

- (iii) Electronically to the Chief Counsel at phmsachiefcounsel@dot.gov.

- (2) Set forth the text of the State or political subdivision or Indian tribe requirement for which the determination is sought;

- (3) Specify each requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security with which the applicant seeks the State or political subdivision or Indian tribe requirement to be compared;

- (4) Explain why the applicant believes the State or political subdivision or Indian tribe requirement should or should not be preempted under the standards of § 107.202; and

- (5) State how the applicant is affected by the State or political subdivision or Indian tribe requirement.

(c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security.
(d) Once the Chief Counsel has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. Nothing in § 107.203(a) prohibits a State or political subdivision thereof or Indian tribe, or any other person directly affected by any requirement of a State or political subdivision thereof or Indian tribe, from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Chief Counsel under paragraph (a) of this section.

[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 30067, May 25, 2006; 72 FR 55683, Oct. 1, 2007]