[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR397.205]



[Page 482]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec. 397.205  Preemption application.



    (a) Any person, including a State, political subdivision thereof, or 

Indian tribe directly affected by any highway routing designation of 

another State, political subdivision, or Indian tribe, may apply to the 

Administrator for a determination of whether that highway routing 

designation is preempted by the Act or Sec. 397.203 of this subpart. 

The Administrator shall publish notice of the application in the Federal 

Register.

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

must:

    (1) Be submitted to the Administrator, Federal Motor Carrier Safety 

Administration, U.S. Department of Transportation, Washington, DC 20590-

0001. Attention: Office of the chief Counsel (MC-PSDCC), Hazardous 

Materials Preemption;

    (2) Set forth a detailed description of the highway routing 

designation of the State, political subdivision thereof, or Indian tribe 

for which the determination is sought;

    (3) If applicable, specify the provisions of the Act or the 

regulations issued under the Act under which the applicant seeks 

preemption of the highway routing designation of the State, political 

subdivision thereof, or Indian tribe;

    (4) Explain why the applicant believes the highway routing 

designation of the State, political subdivision thereof, or Indian tribe 

should or should not be preempted under the standards of Sec. 397.203; 

and

    (5) State how the applicant is affected by the highway routing 

designation of the State, political subdivision thereof, or Indian 

tribe.

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

section does not constitute grounds for noncompliance with any 

requirement of the Act or any regulation issued under the Act.

    (d) Once the 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 this section shall be 

construed as prohibiting any person, including a State, political 

subdivision thereof, or Indian tribe, directly affected by any highway 

routing designation from seeking a determination of preemption in any 

court of competent jurisdiction in lieu of applying to the Administrator 

under paragraph (a) of this section.