[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: 49CFR397.221] [Page 492] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents Subpart E_Preemption Procedures Sec. 397.221 Timeliness. If the Administrator fails to take action on the application within 90 days of serving the notice required by Sec. 397.217(d), the applicant may treat the application as having been denied in all respects.