[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.203]

[Page 29]
 
                        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.  107.203  Application.

    (a) With the exception of highway routing matters covered under 49 
U.S.C. 5125(c), any person, including a State or political subdivision 
thereof or an Indian tribe, directly affected by any requirement of a 
State or political subdivision thereof or an Indian tribe, may apply to 
the Chief Counsel for a determination as to whether that requirement is 
preempted by Sec.  107.202(a), (b), or (c).
    (b) Each application filed under this section for a determination 
must:
    (1) Be submitted to the Chief Counsel:
    (i) By mail addressed to the Chief Counsel, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 400 
7th Street, SW., Suite 8417, Washington, DC 20590-0001;
    (ii) By facsimile to 202-366-7041; or
    (iii) Electronically to the Chief Counsel at 
phmsachiefcounsel@dot.gov.
    (2) Set forth the text of the State or political subdivision or 
Indian tribe requirement for which the determination is sought;
    (3) Specify each requirement 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 with which the applicant seeks the State or political 
subdivision or Indian tribe requirement to be compared;
    (4) Explain why the applicant believes the State or political 
subdivision or Indian tribe requirement should or should not be 
preempted under the standards of Sec.  107.202; and
    (5) State how the applicant is affected by the State or political 
subdivision or Indian tribe requirement.
    (c) The filing of an application for a determination under this 
section does not constitute grounds for noncompliance with any 
requirement 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) Once the Chief Counsel 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 Sec.  107.203(a) 
prohibits a State or political subdivision thereof or Indian tribe, or 
any other person directly affected by any requirement of a State or 
political subdivision thereof or Indian tribe, from seeking a 
determination of preemption in any court of competent jurisdiction in 
lieu of applying to the Chief Counsel under paragraph (a) of this 
section.

[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 
FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 
30067, May 25, 2006]