[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR397.209]



[Page 484]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec.  397.209  Preemption processing.



    (a) The Administrator 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 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 Administrator may 

consider any other source of information. The 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; or

    (2) he or she requests additional information from the applicant and 

it is not submitted.