§ 107.221 Determination.
发布08-07
生效09-08
摘要总结AI 辅助解读
本条款规定了美国运输部（DOT）首席法律顾问对州或部落危险品运输法规是否被联邦法律优先适用（Preemption）或获得豁免的最终裁定程序。核心在于确立“安全等效”与“不不合理负担商业”的双重测试标准，并明确裁定结果经《联邦公报》公布后即成为最终行政行为。这直接决定了各州差异化的危化品运输规则在联邦层面的法律效力，影响全美危险品物流的合规基准。
- (a) After considering the application and other relevant information received or obtained during the proceeding, the Chief Counsel issues a determination.
- (b) The Chief Counsel may issue a waiver of preemption only on finding that the requirement of the State or political subdivision thereof or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder and does not unreasonably burden commerce. In determining if the requirement of the State or political subdivision thereof or Indian tribe unreasonably burdens commerce, the Chief Counsel considers:
- (1) The extent to which increased costs and impairment of efficiency result from the requirement of the State or political subdivision thereof or Indian tribe.
- (2) Whether the requirement of the State or political subdivision thereof or Indian tribe has a rational basis.
- (3) Whether the requirement of the State or political subdivision thereof or Indian tribe achieves its stated purpose.
- (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the requirement of the State or political subdivision thereof or Indian tribe competes or conflicts with those of other States or political subdivisions thereof or Indian tribes.
- (c) The determination includes a written statement setting forth relevant facts and legal bases and providing that any person aggrieved by the determination may file a petition for reconsideration with the Chief Counsel.
- (d) The Chief Counsel provides a copy of the determination to the applicant and to any other person who substantially participated in the proceeding or requested in comments to the docket to be notified of the determination. A copy of the determination is placed on file in the public docket. The Chief Counsel will publish the determination or notice of the determination in the Federal Register, at which time the determination becomes a final agency action.
- (e) A determination under this section constitutes an administrative finding of whether a particular requirement of a State or political subdivision thereof or Indian tribe is preempted under the Federal hazardous materials transportation law, or whether preemption is waived.
[Amdt. 107-38, 61 FR 21099, May 9, 1996, as amended at 68 FR 52848, Sept. 8, 2003; 71 FR 30068, May 25, 2006]