C.F.R. » Title 49 » CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER A—HAZARDOUS MATERIALS AND OIL TRANSPORTATION › PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES › Subpart C—Preemption

49 C.F.R. § 107.205

Notice

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(a) If the applicant is other than a State, political subdivision, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision, or Indian tribe concerned accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the application to the Chief Counsel. The application filed with the Chief Counsel must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each State, political subdivision, or Indian tribe official to whom a copy of the application was sent.

(b) The Chief Counsel will publish notice of, including an opportunity to comment on, an application in the Federal Register and may notify in writing any person readily identifiable as affected by the outcome of the determination.

(c) Each person submitting written comments to the Chief Counsel with respect to an application filed under this section must send a copy of the comments to the applicant and certify to the Chief Counsel that he or she has complied with this requirement. The Chief Counsel may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Late-filed comments are considered so far as practicable.

[Amdt. 107-38, 61 FR 21098, May 9, 1996, as amended at 71 FR 30067, May 25, 2006]
Notes of Decisions
Cited in 2 cases, 1991–2003 · leading case: Tennessee v. United States Dep't of Transp., 326 F.3d 729 (6th Cir. 2003).
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Tennessee v. United States Dep't of Transp., 326 F.3d 729 (6th Cir. 2003). · cites it 5× “See 49 C.F.R. § 107.205 (a). In addition, the Associate Administrator is required to publish notice of the application in the Federal Register, inviting comments.”
Colorado Pub. Utils. Comm'n v. Harmon, 951 F.2d 1571 (10th Cir. 1991). “Pursuant to 49 C.F.R. § 107.205 , a concerned state may submit comments regarding the application for an inconsistency ruling.”
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