[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: 49CFR397.211]



[Page 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. 397.211  Preemption determination.



    (a) Upon consideration of the application and other relevant 

information received, the Administrator issues a determination.

    (b) Notwithstanding that an application for a determination has not 

been filed under Sec. 397.205, the Administrator, on his or her own 

initiative, may issue a determination as to whether a particular highway 

routing designation of a State, political subdivision thereof, or Indian 

tribe is preempted under the Act or the regulations issued under the 

Act.

    (c) 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 within 20 days in accordance with Sec. 397.223.

    (d) Unless the determination is issued pursuant to paragraph (b) of 

this section, the Administrator serves a copy of the determination upon 

the applicant. In all preemption determinations, the Administrator 

serves a copy of the determination upon any other person who 

participated in the proceeding or who is readily identifiable by the 

Administrator as affected by the determination. A copy of each 

determination is placed on file in the public docket. The Administrator 

may publish the determination or notice of the determination in the 

Federal Register.

    (e) If no petition for reconsideration is filed within 20 days in 

accordance with Sec. 397.223, a determination issued under this section 

constitutes the final agency decision as to whether a particular highway 

routing designation of a State, political subdivision thereof, or Indian 

tribe is preempted under the Act or regulations issued thereunder. The 

fact that a determination has not been issued under this section with 

respect to a particular highway routing designation of a State, 

political subdivision thereof, or Indian tribe carries no implication as 

to whether the requirement is preempted under the Act or regulations 

issued thereunder.