[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: 49CFR107.219]

[Page 32-33]
 
                        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.  107.219  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 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:
    (1) He or she determines that there is insufficient information upon 
which to base a determination;
    (2) Upon his or her request, additional information is not submitted 
by the applicant; or
    (3) The applicant fails to provide the notice required by Sec.  
107.217.
    (c) Except as provided in Sec.  107.201(c), the Associate 
Administrator will only consider an application for a waiver of 
preemption determination if:
    (1) The applicant State or political subdivision thereof or Indian 
tribe expressly acknowledges in its application that the State or 
political subdivision or Indian tribe requirement for which the 
determination is sought is inconsistent with the requirements of the 
Federal hazardous materials transportation law, regulations issued under 
the Federal hazardous material transportation law, or hazardous material 
transportation security regulations or directives issued by the 
Secretary of Homeland Security.
    (2) The State or political subdivision thereof or Indian tribe 
requirement has been determined by a court of competent jurisdiction or 
in a ruling issued under Sec.  107.209 to be inconsistent with the 
requirements of the Federal hazardous materials transportation law, 
regulations issued under the Federal hazardous material transportation 
law, or hazardous material transportation security regulations or 
directives issued by the Secretary of Homeland Security.
    (d) When the Associate Administrator has received all substantive 
information it considers necessary to process an application for a 
waiver of preemption determination, it serves notice of that fact upon 
the applicant and all other persons who received notice of the 
proceeding pursuant to Sec.  107.217.
    (e) To the extent possible, each application for a waiver of 
preemption determination will be acted upon in a manner consistent with 
the disposition

[[Page 33]]

of previous applications for waiver of preemption determinations.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8623, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 
Amdt. 107-38, 61 FR 21099, May 9, 1996; 65 FR 58618, Sept. 29, 2000; 68 
FR 52847, Sept. 8, 2003]