[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: 49CFR397.217]



[Page 484-485]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec. 397.217  Waiver processing.



    (a) The Administrator may initiate an investigation of any statement 

in an application and utilize any relevant facts obtained by that 

investigation. The 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



[[Page 485]]



Administrator may convene a hearing or conference, if a hearing or 

conference will advance the evaluation of the application.

    (b) The 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 this 

subpart.

    (c) Except as provided in this subpart, the Administrator will only 

consider an application for a waiver of preemption determination if:

    (1) The applicant expressly acknowledges in its application that the 

highway routing designation of the State, political subdivision thereof, 

or Indian tribe for which the determination is sought is preempted by 

the Act or the regulations thereunder; or

    (2) The highway routing designation of the State, political 

subdivision thereof, or Indian tribe has been determined by a court of 

competent jurisdiction or in a determination issued pursuant to Sec. 

397.211 to be preempted by the Act or the regulations issued thereunder.

    (d) When the Administrator has received all substantive information 

necessary to process an application for a waiver of preemption 

determination, notice of that fact will be served upon the applicant. 

Additional notice to all other persons who received notice of the 

proceeding may be served by publishing a notice in the Federal Register.