§ 107.217 Notice.
发布08-07
生效09-08
摘要总结AI 辅助解读
该条款为美国联邦法规第49篇(交通)中关于危险品豁免申请程序的通知规定。主要要求申请人向受影响的合理可确定人员邮寄申请副本及45天评论期说明,并在无法逐一通知时提供替代方案或描述未通知对象。首席法律顾问有权要求额外通知或在《联邦公报》发布。此条款属于行政程序性规范,不涉及实体权利义务变更,建议相关方在涉及具体豁免申请个案时查阅原文以确认合规细节。
- (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]
