政策法规现行有效美国危险品合规

§ 107.219 Processing.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2026-08-07	2026-09-08	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布08-07

生效09-08

摘要总结AI 辅助解读

本条款为美国联邦法规第49篇（危险品运输）中关于“豁免预占权申请处理程序”的规定。主要明确首席法律顾问在审查州、地方政府或印第安部落提出的豁免申请时的调查权、听证权及驳回情形。核心要求申请人必须承认其地方法规与联邦危险品法不一致，且该不一致性需经法院判决或PHMSA裁定确认。此为内部行政程序规范，不直接改变企业实体权利义务。

(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 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;

- (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 § 107.217.

(c) The Chief Counsel will only consider an application for waiver of preemption determination if—

- (1) The applicant State or political subdivision thereof or Indian tribe expressly acknowledges in its application that the State or political subdivision or Indian tribe requirement for which the determination is sought is inconsistent with the requirements of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security.

- (2) The State or political subdivision thereof or Indian tribe requirement has been determined by a court of competent jurisdiction or in a ruling issued under § 107.209 to be inconsistent with the requirements of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security.

(d) When the Chief Counsel has received all substantive information it considers necessary to process an application for a waiver of preemption determination, it serves notice of that fact upon the applicant and all other persons who received notice of the proceeding pursuant to § 107.217.
(e) To the extent possible, each application for a waiver of preemption determination will be acted upon in a manner consistent with the disposition of previous applications for waiver of preemption determinations.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, 8623, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21099, May 9, 1996; 65 FR 58618, Sept. 29, 2000; 68 FR 52847, Sept. 8, 2003; 69 FR 54044, Sept. 7, 2004; 71 FR 30068, May 25, 2006]