Waiver of Preemption

Waiver of Preemption means a decision by the Associate Administrator to forego preemption of a non-Federal requirementthat is, to allow a State, political subdivision or Indian tribe requirement to remain in effect. The non-Federal requirement must provide at least as much public protection as the Federal hazardous materials transportation law and the regulations issued under Federal hazardous materials transportation law, and may not unreasonably burden commerce.

Source

49 CFR § 105.5

Scoping language

This part contains the definitions for certain words and phrases used throughout this subchapter (49 CFR parts 105 through 110). At the beginning of each subpart, the Pipeline and Hazardous Materials Safety Administration (PHMSA or we) will identify the defined terms that are used within the subpartby listing themand refer the reader to the definitions in this part. This way, readers will know that PHMSA has given a term a precise meaning and will know where to look for it.