Is DHS seeking to pre-empt State chemical security regulations with the new Federal regulations?
Only state laws and requirements that conflict with the new Federal regulations, or frustrate the purpose of those regulations, will be preempted. However, where such issues arise, DHS intends to work with State officials to reach an appropriate solution. Example: Although preemption determinations are context-specific, one example of such a context involves the protection of sensitive information protected from disclosure by the interim final rule. If a state’s freedom of information law required the disclosure of information protected from disclosure by the federal regulations, the federal regulations would preempt the state law. The federal rules regarding non-disclosure of the information would govern.
