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  • § 397.1
    Application of the rules in this part.
  • § 397.2
    Compliance with Federal motor carrier safety regulations.
  • § 397.3
    State and local laws, ordinances, and regulations.
  • § 397.5
    Attendance and surveillance of motor vehicles.
  • § 397.7
  • § 397.9
  • § 397.11
  • § 397.13
  • § 397.15
  • § 397.17
  • § 397.19
    Instructions and documents.
  • § 397.61
    Purpose and scope.
  • § 397.63
  • § 397.65
  • § 397.67
    Motor carrier responsibility for routing.
  • § 397.69
    Highway routing designations; preemption.
  • § 397.71
    Federal standards.
  • § 397.73
    Public information and reporting requirements.
  • § 397.75
    Dispute resolution.
  • § 397.77
    Judicial review of dispute decision.
  • § 397.101
    Requirements for motor carriers and drivers.
  • § 397.103
    Requirements for State routing designations.
  • § 397.201
    Purpose and scope of the procedures.
  • § 397.203
    Standards for determining preemption.
  • § 397.205
    Preemption application.
  • § 397.207
    Preemption notice.
  • § 397.209
    Preemption processing.
  • § 397.211
    Preemption determination.
  • § 397.213
    Waiver of preemption application.
  • § 397.215
    Waiver notice.
  • § 397.217
    Waiver processing.
  • § 397.219
    Waiver determination and order.
  • § 397.221
  • § 397.223
    Petition for reconsideration.
  • § 397.225
    Judicial review.

Part 397

§ 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 § 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.


Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at

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