Does the rule preempt State and local laws and regulations on the inspection, repair, and maintenance of IME?
In general, yes. Any State or local law, regulation, order, or other requirement that exceeds or is inconsistent with this regulation is preempted. However, a State with an inconsistent chassis inspection requirement in effect on January 1, 2005, may seek a determination of non-preemption as long as its application is filed by June 17, 2009. The Administrator will issue a decision within 6 months after receiving the request. The request may be granted if the Administrator decides that the State requirement is just as effective as this final rule and does not unduly burden interstate commerce. If a State amends a regulation for which it previously received a determination of non-preemption, it must make a separate application for the amended regulation. If a State does not seek a determination of non-preemption before June 17, 2008, its inspection requirements are preempted on that date.
