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. § 107.207

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(a) The Chief Counsel 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 Chief Counsel 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 Chief Counsel may consider any other source of information. The Chief Counsel on his or her own initiative may convene a hearing or conference, if he or she considers that a hearing or conference will advance his or her evaluation of the application.

(b) The Chief Counsel 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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, 8622, Feb. 28, 1991; Amdt. 107-38, 61 FR 21098, May 9, 1996; 71 FR 30067, May 25, 2006]
Notes of Decisions
Cited in 3 cases, 1985–2003 · leading case: Ohio ex rel. Celebrezze v. United States Dep't of Transp., 766 F.2d 228 (6th Cir. 1985).
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Ohio ex rel. Celebrezze v. United States Dep't of Transp., 766 F.2d 228 (6th Cir. 1985). “” 49 C.F.R. 107.207(b). 17. Defendants have made no specific determination that the prenotification required by Ohio Revised Code Section 4163.”
Tennessee v. United States Dep't of Transp., 326 F.3d 729 (6th Cir. 2003). “See 49 C.F.R. § 107.207 . Upon reaching a determination, the Administrator issues a written statement setting out relevant facts and law to all involved parties.”
State of Ohio v. United States Dep't of Transp., 766 F.2d 228 (6th Cir. 1985). “" 49 C.F.R. 107.207(b). 63 17. Defendants have made no specific determination that the prenotification required by Ohio Revised Code Section 4163.”
— 49 C.F.R. § 107.207(b) — 2 cases
Ohio ex rel. Celebrezze v. United States Dep't of Transp., 766 F.2d 228 (6th Cir. 1985). “” 49 C.F.R. 107.207(b). 17. Defendants have made no specific determination that the prenotification required by Ohio Revised Code Section 4163.”
State of Ohio v. United States Dep't of Transp., 766 F.2d 228 (6th Cir. 1985). “" 49 C.F.R. 107.207(b). 63 17. Defendants have made no specific determination that the prenotification required by Ohio Revised Code Section 4163.”
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