[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: 49CFR107.209]



[Page 30]

 

                        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. 107.209  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]