[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: 49CFR107.219]

[Page 32-33]
 
                        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.  107.219  Processing.

    (a) The Chief Counsel may initiate an investigation of any statement 
in an application and utilize in his or her evaluation any relevant 
facts obtained by that investigation. The Chief Counsel 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 Chief Counsel on his or 
her own initiative may convene a hearing or conference, if he or she 
considers that a hearing or conference will advance his or her 
evaluation of the application.
    (b) The Chief Counsel 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 Sec.  
107.217.
    (c) The Chief Counsel will only consider an application for waiver 
of preemption determination if--
    (1) The applicant State or political subdivision thereof or Indian 
tribe expressly acknowledges in its application that the State or 
political subdivision or Indian tribe requirement for which the 
determination is sought is inconsistent with the requirements of the 
Federal hazardous materials transportation law, regulations issued under 
the Federal hazardous material transportation law, or hazardous material 
transportation security regulations or

[[Page 33]]

directives issued by the Secretary of Homeland Security.
    (2) The State or political subdivision thereof or Indian tribe 
requirement has been determined by a court of competent jurisdiction or 
in a ruling issued under Sec.  107.209 to be inconsistent with the 
requirements 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) When the Chief Counsel has received all substantive information 
it considers necessary to process an application for a waiver of 
preemption determination, it serves notice of that fact upon the 
applicant and all other persons who received notice of the proceeding 
pursuant to Sec.  107.217.
    (e) To the extent possible, each application for a waiver of 
preemption determination will be acted upon in a manner consistent with 
the disposition of previous applications for waiver of preemption 
determinations.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8623, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 
Amdt. 107-38, 61 FR 21099, May 9, 1996; 65 FR 58618, Sept. 29, 2000; 68 
FR 52847, Sept. 8, 2003; 69 FR 54044, Sept. 7, 2004; 71 FR 30068, May 
25, 2006]