WPCC 2BVPZ#|x10cpi?xxx,wx6X@8;X@HP LaserJet IIIHPLASIII.PRSx  @,\,bX@#|x2#: Z]XJCourier 10cpiCourier 10cpi (Bold)HP LaserJet IIIHPLASIII.PRSx  @,\,bX@?xxx,x6X@8;X@?xxx,x `B;X,,,"d;D+- $Ɂ,--d; Ɓ/+H,JF-pɁ.x2A ?  4TITLE 49, CODE OF FEDERAL REGULATIONS, CHAPTER III x!(Oct. 1993 edition) PART 397 -- TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Subpart A Sec. 397.1 Application of the rules in this part. 397.2 Compliance with Federal motor carrier safety regulations. 397.3 State and local laws, ordinances, and regulations. 397.5 Attendance and surveillance of motor vehicles. 397.7 Parking. 397.9 Routes. 397.11 Fires. 397.13 Smoking. 397.15 Fueling. 397.17 Tires. 397.19 Instructions and documents. Subparts B -- C [Reserved] Subpart D -- Routing of Class 7 (Radioactive) Materials 397.101 Requirements for motor carriers and drivers. 397.103 Requirements for State routing designations. Subpart E -- Preemption Procedures 397.201 Purpose and scope of the procedures. 397.203 Standards for determining preemption. 397.205 Preemption application. 397.207 Preemption notice. 397.209 Preemption processing. 397.211 Preemption determination. 397.213 Waiver of preemption application. 397.215 Waiver notice. 397.217 Waiver processing. 397.219 Waiver determination and order. 397.221 Timeliness. 397.223 Petition for reconsideration. 397.225 Judicial review. Authority: 49 App. U.S.C. 1801 et seq.; 49 CFR 1.48. Source: 36 FR 4876, Mar. 13, 1971, unless otherwise noted. Subpart A  397.1 Application of the rules in this part. (a) Except as provided in paragraph (c) of this section, the rules in this part apply to each motor carrier engaged in theh)0*0*0* transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with  177.823 of this title and to -- (1) Each officer or employee of the carrier who performs supervisory duties related to the transportation of hazardous materials; and (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. (b) Each person designated in paragraph (a) of this section must know and obey the rules in this part. [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988]  397.2 Compliance with Federal motor carrier safety regulations. A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with  177.823 of this title. [37 FR 18080, Sept. 7, 1972]  397.3 State and local laws, ordinances, and regulations. Every motor vehicle containing hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint.  397.5 Attendance and surveillance of motor vehicles. (a) Except as provided in paragraph (b) of this section, a motor vehicle which contains Class A or Class B explosives must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Class A or Class B explosives if all of the following conditions exist -- (1) The vehicle is located on the property of a motorh)0*0*0* carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of either Class A or Class B explosives, on a construction or survey site; and (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures he must follow in emergencies; and (3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven. (c) A motor vehicle which contains hazardous materials other than Class A or Class B explosives and which is located on a public street or highway or the shoulder of a public highway must be attended by its driver. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to his duties as the operator of the vehicle. (d) For purposes of this section -- (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his unobstructed field of view. (2) A qualified representative of a motor carrier is a person who -- (i) Has been designated by the carrier to attend the vehicle; (ii) Is aware of the nature of the hazardous materials contained in the vehicle he attends; (iii) Has been instructed in the procedures he must follow in emergencies; and (iv) Is authorized to move the vehicle and has the means and ability to do so. (3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Class A or Class B explosives. (e) The rules in this section do not relieve a driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway. [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 9870, May 28, 1971] h)0*0*0*Ԍ 397.7 Parking. (a) A motor vehicle which contains Class A or Class B explosives must not be parked under any of the following circumstances -- (1) On or within 5 feet of the traveled portion of a public street or highway; (2) On private property (including premises of a fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or (3) Within 300 feet of a bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (b) A motor vehicle which contains hazardous materials other than Class A or Class B explosives must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (49 U.S.C. 3102; 49 CFR 1.48(b)) [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 9780, May 28, 1971; 49 FR 38290, Sept. 28, 1984]  397.9 Routes. (a) Unless there is no practicable alternative, a motor vehicle which contains hazardous materials must be operated over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys. Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with this paragraph. This paragraph does not apply to radioactive materials (See  177.825 of this title). (b) Before a motor carrier requires or permits a motor vehicle containing Class A or Class B explosives to be operated, he must prepare a written plan of a route that complies with the rules in paragraph (a) of this section for that vehicle and must furnish a copy of the written plan to the driver. However, the driver may prepare the written plan as agent for the motor carrier when the driver begins his trip at a location other than the carrier's terminal. h)0*0*0*Ԍ(49 U.S.C. 304; 49 CFR 1.48(b) and 301.60) [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 9780, May 28, 1971; 46 FR 5318, Jan. 19, 1981]  397.11 Fires. (a) A motor vehicle containing hazardous materials must not be operated near an open fire unless its driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire.  397.13 Smoking. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of -- (a) A motor vehicle which contains explosives, oxidizing materials, or flammable materials; or (b) An empty tank motor vehicle which has been used to transport flammable liquids or gases and which, when so used, was required to be marked or placarded in accordance with the rules in  177.823 of this title.  397.15 Fueling. When a motor vehicle which contains hazardous materials is being fueled -- (a) Its engine must not be operating; and (b) A person must be in control of the fueling process at the point where the fuel tank is filled.  397.17 Tires. (a) If a motor vehicle which contains hazardous materials is equipped with dual tires on any axle, its driver must stop the vehicle in a safe location at least once during each 2 hours or 100 miles of travel, whichever is less, and must examine its tires. The driver must also examine the vehicle's tires at the beginning of each trip and each time the vehicle is parked. (b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause theh)0*0*0* tire to be repaired, replaced, or properly inflated before the vehicle is driven. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. (c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. The driver shall not operate the vehicle until the cause of the overheating is corrected. (d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in   397.5 and 397.7.  397.19 Instructions and documents. (a) A motor carrier that transports Class A or Class B explosives must furnish the driver of each motor vehicle in which the explosives are transported with the following documents: (1) A copy of the rules in this part; (2) [Reserved] (3) A document containing instructions on procedures to be followed in the event of accident or delay. The documents must include the names and telephone numbers of persons (including representatives of carriers or shippers) to be contacted, the nature of the explosives being transported, and the precautions to be taken in emergencies such as fires, accidents, or leakages. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. The carrier shall retain the receipt in his files for 1 year at his principal place of business. However, upon a written request to, and with the approval of, the Director, Regional Motor Carrier Safety Office, for the region in which a motor carrier has his principal place of business, the carrier may maintain the receipts at a regional or terminal office. The addresses and jurisdictions of the Directors of Regional Motor Carrier Safety Offices are shown in  390.27 of this subchapter. (c) A driver of a motor vehicle which contains Class A or Class B explosives must be in possession of, be familiar with, and be in compliance with -- (1) The documents specified in paragraph (a) of this section; (2) The documents specified in  177.817 of chapter I ofh)0*0*0* this title; and (3) The written route plan specified in  397.9(b). (49 U.S.C. 3102; 49 CFR 1.48(b)) [36 FR 4876, Mar. 13, 1971, as amended at 36 FR 14741, Aug. 11, 1971; 36 FR 23802, Dec. 15, 1971; 49 FR 38290, Sept. 28, 1984; 53 FR 18058, May 19, 1988] Subparts B -- C [Reserved] Subpart D -- Routing of Class 7 (Radioactive) Materials  397.101 Requirements for motor carriers and drivers. (a) Except as provided in paragraph (b) of this section or in circumstances when there is only one practicable highway route available, considering operating necessity and safety, a carrier or any person operating a motor vehicle that contains a Class 7 (radioactive) material, as defined in 49 CFR 172.403, for which placarding is required under 49 CFR part 172 shall: (1) Ensure that the motor vehicle is operated on routes that minimize radiological risk; (2) Consider available information on accident rates, transit time, population density and activities, and the time of day and the day of week during which transportation will occur to determine the level of radiological risk; and (3) Tell the driver which route to take and that the motor vehicle contains Class 7 (radioactive) materials. (b) Except as otherwise permitted in this paragraph and in paragraph (f) of this section, a carrier or any person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403(l), shall operate the motor vehicle only over preferred routes. (1) For purposes of this subpart, a preferred route is an Interstate System highway for which an alternative route is not designated by a State routing agency; a State-designated route selected by a State routing agency pursuant to  397.103; or both of the above. (2) The motor carrier or the person operating a motor vehicle containing a highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403(l) and (y), shall select routes to reduce time in transit over the preferred route segment of the trip. An Interstate System bypass or Interstate System beltway around a city, when available, shall be used in place of a preferred route through a city, unless a State routing agency has designated an alternative route. (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motorh)0*0*0* vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. Deviation from the shortest-distance pickup or delivery route is authorized if such deviation: (i) Is based upon the criteria in paragraph (a) of this section to minimize the radiological risk; and (ii) Does not exceed the shortest-distance pickup or delivery route by more than 25 miles and does not exceed 5 times the length of the shortest-distance pickup or delivery route. (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. (d) A carrier (or a designated agent) who operates a motor vehicle which contains a package of highway route controlled quantity of Class 7 (radioactive) materials, as defined in 49 CFR 173.403(l), shall prepared a written route plan and supply a copy before departure to the motor vehicle driver and a copy to the shipper (before departure for exclusive use shipments, as defined in 49 CFR 173.403(i), or within fifteen working days following departure for all other shipments). Any variation between the route plan and routes actually used, and the reason for it, shall be reported in an amendment to the route plan delivered to the shipper as soon as practicable but within 30 days following the deviation. The route plan shall contain: (1) A statement of the origin and destination points, a route selected in compliance with this section, all planned stops, and estimated departure and arrival times; and (2) Telephone numbers which will access emergency assistance in each State to be entered. (e) No person may transport a package of highway route controlled quantity of Class 7 (radioactive) materials on a public highway unless: (1) The driver has received within the two preceding years, written training on: (i) Requirements in 49 CFR parts 172, 173, and 177 pertaining to the Class 7 (radioactive) materials transported;h)0*0*0*Ԍ (ii) The properties and hazards of the Class 7 (radioactive) materials being transported; and (iii) Procedures to be followed in case of an accident or other emergency. (2) The driver has in his or her immediate possession a certificate of training as evidence of training required by this section, and a copy is placed in his or her qualification file (see  391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (ii) The dates training was provided; (iii) The name and address of the person providing the training; (iv) That the driver has been trained in the hazards and characteristics of highway route controlled quantity of Class 7 (radioactive) materials; and (v) A statement by the person providing the training that information on the certificate is accurate. (3) The driver has in his or her immediate possession the route plan required by paragraph (d) of this section and operates the motor vehicle in accordance with the route plan. (f) A person may transport irradiated reactor fuel only in compliance with a plan if required under 49 CFR 173.22(c) that will ensure the physical security of the material. Variation for security purposes from the requirements of this section is permitted so far as necessary to meet the requirements imposed under such a plan, or otherwise imposed by the U.S. Nuclear Regulatory Commission in 10 CFR part 73. (g) Expect for packages shipped in compliance with the physical security requirements of the U.S. Nuclear Regulatory Commission in 10 CFR part 73, each carrier who accepts for transportation a highway route controlled quantity of Class 7 (radioactive) material (see 49 CFR 173.401(l)), shall, within 90 days following the acceptance of the package, file the following information concerning the transportation of each such package with the Associate Administrator for Safety and System Applications, Federal Highway Administration, Attn: Traffic Control Division, HHS - 32, room 3419, 400 Seventh Street, SW., Washington, DC 20590 - 0001: (1) The route plan required under paragraph (d) of this section, including all required amendments reflecting the routes actually used; h)0*0*0*Ԍ (2) A statement identifying the names and addresses of the shipper, carrier and consignee; and (3) A copy of the shipping paper or the description of the Class 7 (radioactive) material in the shipment required by 49 CFR 172.202 and 172.203. [57 FR 44131, Sept. 24, 1992]  397.103 Requirements for State routing designations. (a) The State routing agency, as defined in  397.201(c), shall select routes to minimize radiological risk using ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials,'' or an equivalent routing analysis which adequately considers overall risk to the public. Designations must be preceded by substantive consultation with affected local jurisdictions and with any other affected States to ensure consideration of all impacts and continuity of designated routes. (b) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways. (c) A State-designated route is effective when -- (1) The State gives written notice by certified mail, return receipt requested, to the Associate Administrator for Safety and System Applications, Federal Highway Administration, Attn: Traffic Control Division, HHS - 32, Room 3419, Registry of State-designated routes, at the address above; and (2) Receipt thereof is acknowledged in writing by the Associate Administrator. (d) Upon request, the Office of Highway Safety, Traffic Control Division, HHS - 32, room 3419, at the address above, will provide a list of State-designated preferred routes and a copy of the ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials.'' [57 FR 44131, Sept. 24, 1992] Subpart E -- Preemption Procedures Source: 57 FR 44132, Sept. 24, 1992, unless otherwise noted.  397.201 Purpose and scope of the procedures. h)0*0*0*Ԍ (a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian Tribe, directly affected by any highway routing designation for hazardous materials may apply to the Federal Highway Administration (FHWA) for a determination as to whether that highway routing designation is preempted under section 105(b) or section 112(a)(1) or (a)(2) of the Act (49 App. U.S.C. 1804 and 1811) or regulations issued thereunder; and (2) A State, political subdivision thereof, or Indian tribe may apply for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian Tribe acknowledges to be preempted by section 105(b) or section 112 (a)(1) or (a)(2) of the Act or regulations issued thereunder, or that has been determined by a court of competent jurisdiction to be so preempted. (b) Unless otherwise ordered by the Administrator, an application for a preemption determination which includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination. (c) For purposes of this part: Act means the Hazardous Materials Transportation Act, 49 U.S.C. App. 1801 et seq., as amended by the Hazardous Materials Transportation Uniform Safety Act of 1990, Public Law 101 - 615. Administrator means the Administrator of the Federal Highway Administration, a modal agency of the United States Department of Transportation. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. Political subdivision includes a municipality; a public agency or other instrumentality of one or more States, or a public corporation, board, or commission established under the laws of one or more States. Routing agency means the State highway agency or other State agency designated by an Indian tribe, to supervise, coordinate, and approve the highway routing designations for that State or Indian tribe. Any highway routing designation made by a political subdivision of a State shall be considered a designation made by that State. h)0*0*0*Ԍ Routing designation includes any regulation, limitation, or restriction which would have the effect of restricting or prohibiting the transportation of hazardous materials over a highway route, a specific portion of a route, or during a specific time period. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary.  397.203 Standards for determining preemption. (a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -- (1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible; (2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or (3) It is preempted under the Act. (b) [Reserved]  397.205 Preemption application. (a) Any person, including a State, political subdivision thereof, or Indian tribe directly affected by any highway routing designation of another State, political subdivision, or Indian tribe, may apply to the Administrator for a determination of whether that highway routing designation is preempted by the Act or  397.203 of this subpart. The Administrator shall publish notice of the application in the Federal Register. (b) Each application filed under this section for a determination must: (1) Be submitted to the Administrator, Federal Highway Administration, U.S. Department of Transportation, Washington, DC 20590 - 0001. Attention: HCC - 10 Docket Room, Hazardous Materials Preemption; (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought;h)0*0*0*Ԍ (3) If applicable, specify the provisions of the Act or the regulations issued under the Act under which the applicant seeks preemption of the highway routing designation of the State, political subdivision thereof, or Indian tribe; (4) Explain why the applicant believes the highway routing designation of the State, political subdivision thereof, or Indian tribe should or should not be preempted under the standards of  397.203; and (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. (c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Act or any regulation issued under the Act. (d) Once the Administrator 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 this section shall be construed as prohibiting any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Administrator under paragraph (a) of this section.  397.207 Preemption notice. (a) If the applicant is other than a State, political subdivision thereof, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision thereof, or Indian tribe concerned, accompanied by a statement that comments may be submitted regarding the application to the Administrator within 45 days. The application filed with the Administrator must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each official to whom a copy of the application was sent. (b) The Administrator may afford interested persons an opportunity to file written comments on the application by serving notice on any persons readily identifiable by the Administrator as persons who will be affected by the ruling sought or by publication in the Federal Register. (c) Each person submitting written comments to the Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant andh)0*0*0* certify to the Administrator that he or she has complied with this requirement. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond.  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.  397.211 Preemption determination. (a) Upon consideration of the application and other relevant information received, the Administrator issues a determination. (b) Notwithstanding that an application for a determination has not been filed under  397.205, the Administrator, on his or her own initiative, may issue a determination as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act. (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with  397.223. (d) Unless the determination is issued pursuant to paragraph (b) of this section, the Administrator serves a copy of the determination upon the applicant. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in theh)0*0*0* proceeding or who is readily identifiable by the Administrator as affected by the determination. A copy of each determination is placed on file in the public docket. The Administrator may publish the determination or notice of the determination in the Federal Register. (e) If no petition for reconsideration is filed within 20 days in accordance with  397.223, a determination issued under this section constitutes the final agency decision as to whether a particular highway routing designation of a State, political subdivision thereof, or Indian tribe is preempted under the Act or regulations issued thereunder. The fact that a determination has not been issued under this section with respect to a particular highway routing designation of a State, political subdivision thereof, or Indian tribe carries no implication as to whether the requirement is preempted under the Act or regulations issued thereunder.  397.213 Waiver of preemption application. (a) Any State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by the Act,  397.203 of this subpart, or a court of competent jurisdiction. The Administrator may waive preemption with respect to such requirement upon a determination that such requirement -- (1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or regulations issued under the Act, and (2) Does not unreasonably burden commerce. (b) Each application filed under this section for a waiver of preemption determination must: (1) Be submitted to the Administrator, Federal Highway Administration, U.S. Department of Transportation, Washington, DC 20590 - 0001. Attention: HCC - 10 Docket Room, Hazardous Materials Preemption Docket; (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is being sought; (3) Include a copy of any relevant court order or determination issued pursuant to  397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivisionh) 0*0*0* thereof, our Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and (8) Specify what steps the State, political subdivision thereof, or Indian tribe is taking to administer and enforce effectively the preempted requirement.  397.215 Waiver notice. (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Administrator within 45 days. The application filed with the Administrator must include a certification with the application has complied with this paragraph and must include the names and addresses of each person to whom the application was sent. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State, political subdivision thereof, or Indian tribe determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and (2) Include with the application filed with the Administrator a description of the persons or class or classes of persons to whom notice was not sent. (c) The Administrator may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required byh) 0*0*0* paragraph (a) of this section is not impracticable, or that notice should be published in the Federal Register. (d) The Administrator may serve notice on any other persons readily identifiable by the Administrator as persons who will be affected by the determination sought and may afford those persons an opportunity to file written comments on the application. (e) Any person submitting written comments to the Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant. The person shall certify to the Administrator that he or she has complied with the requirements of this paragraph. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond.  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 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  397.211 to be preempted by the Act or the regulations issuedh) 0*0*0* 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.  397.219 Waiver determination and order. (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Administrator issues an order setting forth his or her determination. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. In determining whether the requirement of the State, political subdivision thereof, or Indian tribe unreasonably burdens commerce, the Administrator may consider the following factors: (1) The extent to which increased costs and impairment of efficiency result from the highway routing designation of the State, political subdivision thereof, or Indian tribe; (2) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe has a rational basis; (3) Whether the highway routing designation of the State, political subdivision thereof, or Indian tribe achieves its stated purpose; and (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the highway routing designation of the State, political subdivision thereof, or Indian tribe competes or conflicts with those of other States, political subdivisions thereof, or Indian tribes. (c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with  397.223. (d) The Administrator serves a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Administrator ash) 0*0*0* one who may be affected by the order. A copy of each order is placed on file in the public docket. The Administrator may publish the order or notice of the order in the Federal Register. (e) If no petition for reconsideration is filed within 20 days in accordance with  397.223, an order issued under this section constitutes the final agency decision regarding whether a particular requirement of a State, political subdivision thereof, or Indian tribe is preempted under the Act or any regulations issued thereunder, or whether preemption is waived.  397.221 Timeliness. If the Administrator fails to take action on the application within 90 days of serving the notice required by  397.217(d), the applicant may treat the application as having been denied in all respects.  397.223 Petition for reconsideration. (a) Any person aggrieved by an order issued under  397.211 or  397.219 may file a petition for reconsideration with the Administrator. The petition must be filed within 20 days of service of the determination or order issued under the above sections. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. (c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or routing, in the waiver of preemption proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Administrator within 20 days. The petition filed with the Administrator must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. (d) The Administrator's decision under this section constitutes the final agency decision. If no petition for reconsideration is filed under this section, then the determination issued under  397.211 or  397.219 becomes the final agency decision at the end of the 20 day period.  397.225 Judicial review. A party to a proceeding under  397.205(a),  397.213(a), or  397.223(a) may seek review by the appropriate district court of the United States of the decision of the Administrator underh) 0*0*0* such proceeding only by filing a petition with such court within 60 days after the final agency decision.