[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR397.215]

[Page 490-491]
 
                        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

[[Page 491]]

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.