Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XIII - Office of Conservation-Pipeline Safety
Subpart 4 - Drug and Alcohol Testing
Chapter 61 - General [Part 199-Subpart A]
Section XIII-6109 - Preemption of State and Local Laws [49 CFR 199 .9]

Universal Citation: LA Admin Code XIII-6109

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

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)]

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.

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