---
kind: "section"
citation: "49 C.F.R. § 244.3"
title: "49"
number: "244.3"
heading: "Preemptive effect."
url: "https://uscodex.org/cfr/49/244.3"
---

# §244.3. Preemptive effect.


Under [49 U.S.C. 20106](/usc/49/20106.md), issuance of these regulations preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that:

- (a) Is necessary to eliminate or reduce an essentially local safety hazard;
- (b) Is not incompatible with a law, regulation, or order of the United States Government; and
- (c) **Does not unreasonably burden interstate commerce.**

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 67 FR 11604, Mar. 15, 2002, unless otherwise noted.