2604.1 Beginning on April 11, 2005, this chapter shall apply to carriers who own locomotives used in providing transportation of ultra-hazardous materials.

2604.2 This chapter shall not apply to a carrier who owns a motor vehicle (excluding the trailer) used in providing transportation of ultra-hazardous materials until thirty (30) days after:

(a) A court or Federal agency with jurisdiction has determined that the Act is not preempted by 49 U.S.C. § 5125 or 49 C.F.R. § 397.69;

(b) The Director certifies that the criteria listed in 49 C.F.R. § 397.71 have been met; or

(c) A waiver of preemption has been granted pursuant to 49 C.F.R. §§ 397.213 and 397.219.

SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).