[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: 49CFR397.217]

[Page 491]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 
RULES--Table of Contents
 
                     Subpart E_Preemption Procedures
 
Sec.  397.217  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 Sec.  
397.211 to be preempted by the Act or the regulations issued 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.