[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.16]

[Page 38-39]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215_NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST 
SYSTEM PROJECTS AND ACTIVITIES--Table of Contents
 
Sec.  215.16  Dismissal of appeal without review.

    (a) The Appeal Deciding Officer shall dismiss an appeal without 
review when one or more of the following applies:
    (1) The postmark on an appeal mailed or otherwise filed (for 
example, express mail service) or the evidence of the date sent on an e-
mailed or faxed appeal is not within the 45-day appeal-filing period 
(Sec.  215.15).
    (2) The time and date imprint at the correct Appeal Deciding 
Officer's office on a hand-delivered appeal is not within the 45-day 
appeal-filing period (Sec.  215.15).
    (3) The requested relief or change cannot be granted under law or 
regulation.
    (4) The appellant has appealed the same decision under part 251 
(Sec.  215.11(d)).
    (5) The decision is not subject to appeal (Sec.  215.12).
    (6) The individual or organization did not submit substantive 
comments during the comment period (Sec.  215.6).
    (7) The Responsible Official withdraws the decision.

[[Page 39]]

    (8) The appeal does not provide sufficient information in response 
to Sec.  215.14(b)(6) through (b)(9) for the Appeal Deciding Officer to 
render a decision.
    (9) The appellant withdraws the appeal.
    (b) Any additional information or attachment to an appeal that is 
not filed within the 45-day appeal-filing period shall not be considered 
with the appeal.
    (c) The Appeal Deciding Officer shall give written notice to the 
appellant and the Responsible Official when an appeal is dismissed and 
shall give the reasons for dismissal.