[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.203]



[Page 28-29]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents

 

                          Subpart C_Preemption

 

Sec. 107.203  Application.



    (a) With the exception of highway routing matters covered under 49 

U.S.C. 5125(c), any person, including a State or political subdivision 

thereof or an Indian tribe, directly affected by any requirement of a 

State or political subdivision thereof or an Indian tribe, may apply to 

the Associate Administrator for a determination of whether that 

requirement is preempted by Sec. 107.202 (a) or (b).

    (b) Each application filed under this section for a determination 

must:

    (1) Be submitted to the Associate Administrator:

    (i) By mail addressed to the Associate Administrator for Hazardous 

Materials Safety (Attn: Hazardous Materials Preemption Docket), Pipeline 

and Hazardous Materials Safety Administration, U.S. Department of 

Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001;

    (ii) By fax to the Associate Administrator for Hazardous Materials 

Safety (Attn: Hazardous Materials Preemption Docket), at 202-366-5713; 

or

    (iii) Electronically to the Associate Administrator for Hazardous 

Materials Safety (Attn: Hazardous Materials Preemption Docket), at 

aahspreemption@dot.gov.

    (2) Set forth the text of the State or political subdivision or 

Indian tribe requirement for which the determination is sought;

    (3) Specify each requirement 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 with which the applicant seeks the State or political 

subdivision or Indian tribe requirement to be compared;

    (4) Explain why the applicant believes the State or political 

subdivision or Indian tribe requirement should or should not be 

preempted under the standards of Sec. 107.202; and

    (5) State how the applicant is affected by the State or political 

subdivision or Indian tribe requirement.



[[Page 29]]



    (c) The filing of an application for a determination under this 

section does not constitute grounds for noncompliance with any 

requirement 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) Once the Associate Administrator has published notice in the 

Federal Register of an application received under paragraph (a) of this 

section, no applicant for such determination may seek relief with 

respect to the same or substantially the same issue in any court until 

final action has been taken on the application or until 180 days after 

filing of the application, whichever occurs first. Nothing in Sec. 

107.203(a) prohibits a State or political subdivision or Indian tribe, 

or any other person directly affected by any requirement of a State or 

political subdivision thereof or Indian tribe, from seeking a 

determination of preemption in any court of competent jurisdiction in 

lieu of applying to the Associate Administrator under paragraph (a) of 

this section.



[Amdt. 107-24, 56 FR 8622, 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]