La. Admin. Code tit. 43 § XIII-6109

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-6109 - Preemption of State and Local Laws [49 CFR 199 .9]

A. Except as provided in Subsection B of this Section, this Subpart preempts any state or local law, rule, regulation, or order to the extent that: [ 49 CFR 199.9(a)]

1. compliance with both the state or local requirement and this Subpart is not possible; [ 49 CFR 199.9(a)(1)]

2. compliance with the state or local requirement is an obstacle to the accomplishment and execution of any requirement in this Subpart; or [ 49 CFR 199.9(a)(2)]

3. the state or local requirement is a pipeline safety standard applicable to interstate pipeline facilities. [ 49 CFR 199.9(a)(3)]

B. This Chapter shall not be construed to preempt provisions of state criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. [ 49 CFR 199.9(b)]

La. Admin. Code tit. 43, § XIII-6109

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 21:829 (August 1995), amended LR 30:1293 (June 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757, redesignated as R.S. 30:701-707 and R.S. 30:501 et seq.