[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.217]

[Page 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 within 45 days. The 
application 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 a description of the persons or 
class or classes of persons to whom notice was not sent.
    (c) The Chief Counsel 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 Chief Counsel may notify any other persons who may be 
affected by the outcome of a determination on the application.
    (e) Any person submitting written comments with respect to an 
application filed under this section shall send a copy of the comments 
to the applicant. The person shall certify that he has complied with the 
requirements of this paragraph. The Chief Counsel 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; 71 FR 30068, May 25, 2006]