49 Transportation 2 1999-10-01 1999-10-01 false Notice. 107.217 Section 107.217 Transportation Other Regulations Relating to Transportation HAZARDOUS MATERIALS AND OIL TRANSPORTATION HAZARDOUS MATERIALS PROGRAM PROCEDURES Preemption Waiver of Preemption Determinations
ยง 107.217 Notice.

(a) The applicant shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person who is reasonably ascertainable by the applicant as a person who will be affected by the determination sought. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application to the Associate Administrator within 45 days. The application filed with the Associate Administrator must include a certification that the application has complied with this paragraph and must include the names and addresses of each person to whom the application was sent.

(b) Notwithstanding the provisions of paragraph (a) of this section, if the State or political subdivision determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall:

(1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and

(2) Include with the application filed with the Associate Administrator a description of the persons or class or classes of persons to whom notice was not sent.

(c) The Associate Administrator may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required by paragraph (a) of the section is not impracticable, or that notice should be published in the Federal Register. Late-filed comments are considered so far as practicable.

(d) The Associate Administrator may notify any other persons who may be affected by the outcome of a determination on the application.

(e) Any person submitting written comments to the Associate Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant. The person shall certify to the Associate Administrator that he has complied with the requirements of this paragraph. The Associate Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 107-25, 57 FR 20429, May 13, 1992; Amdt. 107-38, 61 FR 21099, May 9, 1996]