[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.209]

[Page 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. 107.209  Determination.

    (a) Upon consideration of the application and other relevant 
information received, the Associate Administrator issues a 
determination.
    (b) The determination includes a written statement setting forth the 
relevant facts and the legal basis for the determination, and provides 
that any person aggrieved thereby may file a petition for 
reconsideration with the Associate Administrator.
    (c) The Associate Administrator provides a copy of the determination 
to the applicant and to any other person who substantially participated 
in the proceeding or requested in comments to the docket to be notified 
of the determination. A copy of each determination is placed on file in 
the public docket. The Associate Administrator will publish the 
determination or notice of the determination in the Federal Register.
    (d) A determination issued under this section constitutes an 
administrative determination as to whether a particular requirement of a 
State or political subdivision or Indian tribe is preempted under the 
Federal hazardous materials transportation law. The fact that a 
determination has not been issued under this section with respect to a 
particular requirement of a State or political subdivision or Indian 
tribe carries no implication as to whether the requirement is preempted 
under the Federal hazardous materials transportation law.

[Amdt. 107-24, 56 FR 8623, Feb. 28, 1991, as amended by Amdt. 107-25, 57 
FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003]