[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: 49CFR107.207]



[Page 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. 107.207  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:

    (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]



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