[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.207]

[Page 29-30]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart C_Preemption
 
Sec.  107.207  Processing.

    (a) The Associate Administrator may initiate an investigation of any 
statement in an application and utilize in his or her evaluation any 
relevant facts obtained by that investigation. The Associate 
Administrator may solicit and accept submissions from third persons 
relevant to an application and will provide the applicant an opportunity 
to respond to all third person submissions. In evaluating an 
application, the Associate Administrator may consider any other source 
of information. The Associate Administrator on his or her own initiative 
may convene a hearing or conference, if he or she considers that a 
hearing or conference will advance his or her evaluation of the 
application.
    (b) The Associate Administrator may dismiss the application without 
prejudice if:

[[Page 30]]

    (1) He or she determines that there is insufficient information upon 
which to base a determination; or
    (2) He or she requests additional information from the applicant and 
it is not submitted.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8622, Feb. 28, 1991; Amdt. 107-38, 61 FR 21098, May 9, 1996]