[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: 49CFR397.207]



[Page 482-483]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec. 397.207  Preemption notice.



    (a) If the applicant is other than a State, political subdivision 

thereof, or Indian tribe, the applicant shall mail a copy of the 

application to the State, political subdivision thereof, or Indian tribe 

concerned, accompanied by a statement that comments may be submitted 

regarding the application to the Administrator within 45 days. The 

application filed with the Administrator must include a certification 

that the applicant has complied with this paragraph and must include the 

names and addresses of each official to whom a copy of the application 

was sent.

    (b) The Administrator may afford interested persons an opportunity 

to file written comments on the application by serving notice on any 

persons readily identifiable by the Administrator as persons who will be 

affected by the ruling sought or by publication in the Federal Register.

    (c) Each person submitting written comments to the Administrator 

with respect to an application filed under this section shall send a 

copy of the comments to the applicant and certify to the Administrator 

that he or she has complied with this requirement. The



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Administrator may notify other persons participating in the proceeding 

of the comments and provide an opportunity for those other persons to 

respond.