[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR397.215]



[Page 484]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec. 397.215  Waiver notice.



    (a) The applicant State, political subdivision thereof, or Indian 

tribe shall mail a copy of the application and any subsequent amendments 

or other documents relating to the application to each person whom the 

applicant reasonably ascertains 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 

Administrator within 45 days. The application filed with the 

Administrator must include a certification with 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, political subdivision thereof, or Indian tribe 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 Administrator a 

description of the persons or class or classes of persons to whom notice 

was not sent.

    (c) The 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 this section 

is not impracticable, or that notice should be published in the Federal 

Register.

    (d) The Administrator may serve notice on any other persons readily 

identifiable by the Administrator as persons who will be affected by the 

determination sought and may afford those persons an opportunity to file 

written comments on the application.

    (e) Any person submitting written comments to the 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 

Administrator that he or she has complied with the requirements of this 

paragraph. The Administrator may notify other persons participating in 

the proceeding of the comments and provide an opportunity for those 

other persons to respond.