---
kind: "section"
citation: "49 C.F.R. § 397.211"
title: "49"
number: "397.211"
heading: "Preemption determination."
url: "https://uscodex.org/cfr/49/397.211"
---

# §397.211. Preemption determination.

- (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination.
- (b) Notwithstanding that an application for a determination has not been filed under [§ 397.205](/cfr/49/397.205.md), the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act.
- (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with [§ 397.223](/cfr/49/397.223.md).
- (d) Unless the determination is issued pursuant to [paragraph (b)](#b) of this section, the Administrator serves a copy of the determination upon the applicant. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. A copy of each determination is placed on file in the public docket. The Administrator may publish the determination or notice of the determination in the Federal Register.
- (e) If no petition for reconsideration is filed within 20 days in accordance with [§ 397.223](/cfr/49/397.223.md), a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. The fact that a determination has not been issued under this section with respect to a particular highway routing designation of a State, political subdivision thereof, or Indian tribe carries no implication as to whether the requirement is preempted under the Act or regulations issued thereunder.

## Notes

### Source

Source: 57 FR 44132, Sept. 24, 1992, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125.

### Source

Source: 36 FR 4876, Mar. 13, 1971, unless otherwise noted.