[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.207]

[Page 30-31]
 
                        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.  107.207  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

[[Page 31]]

an opportunity to respond to all third person submissions. In evaluating 
an application, the Chief Counsel may consider any other source of 
information. 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; or
    (2) He or she requests additional information from the applicant and 
it is not submitted.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8622, Feb. 28, 1991; Amdt. 107-38, 61 FR 21098, May 9, 1996; 71 
FR 30067, May 25, 2006]