preempt any State or local law, rule, regulation, or order to the extent that: (a) Compliance with both the State or local requirement and this appendix is not possible; or (b) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this appendix. 2. The alcohol misuse requirements of this title 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. 14 C.F.R. pt. 121, App. J, § 1(E). 14 . Compare Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129, reh’g denied and amended by, 350 F.3d 915 (9th Cir.2003) (<HOLDING>), with Frank v. Delta Airlines, Inc., 314 F.3d
holding that because the first sentence of  45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation holding that in interpreting a contract we look to the conflict of laws rules of  the forum state  to determine which states laws will be controlling holding that under separation of powers the legislative department makes the laws the executive department carries the laws into effect and the judicial department interprets and declares the laws holding that the narrow scope of the savings clause found in the second sentence of subsection a implied a broad scope of preemption for subsection a because the court concluded the second sentence would hardly have seemed necessary if state law were only narrowly preempted