[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.217]

[Page 31-32]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart C_Preemption
 
Sec.  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:

[[Page 32]]

    (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]