[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR397.211]

[Page 489-490]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 
RULES--Table of Contents
 
                     Subpart E_Preemption Procedures
 
Sec.  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 Sec.  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 Sec.  397.223.

[[Page 490]]

    (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 the 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 Sec.  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.