[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: 49CFR107.219]



[Page 32]

 

                        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. 107.219  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) The Associate Administrator will only consider an application 

for 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 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; 69 FR 54044, Sept. 7, 2004]



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