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' "[t]he purpose of Congress is the ultimate touchstone" ' of pre-emption analysis," and its intent may be express in the federal statute's language or implicit in the statute's structure and purpose.  (Cipollone, supra, 505 U.S. at p. 516.)  Absent an express congressional command, state law is pre-empted if it actually conflicts with federal law, or if federal law so thoroughly occupies a legislative field " ' "as to make reasonable the inference that Congress left no room for the States to supplement it." ' "  (Ibid.)

"When . . . Congress considers the issue of preemption and adopts a preemption [provision in a] statute that provides a reliable indication of its intent regarding preemption, the scope of federal preemption is determined by the preemption [provision] and not by the substantive provisions of the legislation.  [Citation.]  The reason is that 'Congress' enactment of a provision defining the pre-emptive reach of a statute implies that matters beyond that reach are not pre-empted.' "  (Lindsey v. Tacoma-Pierce County Health Dept. (9th Cir. 1999) 195 F.3d 1065, 1069, citing Cipollone, supra, 505 U.S. at

p. 517.)

B.  The Interstate Commerce Act and FAAAA

"The Interstate Commerce Act, as amended by the [FAAAA], and the ICC Termination Act of 1995 . . . generally preempts state and local regulation 'related to a price, route, or service of any motor carrier . . . with respect to the transportation of property.' "  (City of Columbus v. Ours Garage & Wrecker Serv., Inc. (2002) 536 U.S. 424, 429 (City of Columbus).)  Specifically, the FAAAA provides:  "(1)  General Rule.  Except as provided in paragraphs (2) and (3), a State [or] political subdivision of a State

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