[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.217]



[Page 31-32]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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:

    (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.



[[Page 32]]



    (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]