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  • § 397.1
    Application of the rules in this part.
  • § 397.2
    Compliance with Federal motor carrier safety regulations.
  • § 397.3
    State and local laws, ordinances, and regulations.
  • § 397.5
    Attendance and surveillance of motor vehicles.
  • § 397.7
  • § 397.9
  • § 397.11
  • § 397.13
  • § 397.15
  • § 397.17
  • § 397.19
    Instructions and documents.
  • § 397.61
    Purpose and scope.
  • § 397.63
  • § 397.65
  • § 397.67
    Motor carrier responsibility for routing.
  • § 397.69
    Highway routing designations; preemption.
  • § 397.71
    Federal standards.
  • § 397.73
    Public information and reporting requirements.
  • § 397.75
    Dispute resolution.
  • § 397.77
    Judicial review of dispute decision.
  • § 397.101
    Requirements for motor carriers and drivers.
  • § 397.103
    Requirements for State routing designations.
  • § 397.201
    Purpose and scope of the procedures.
  • § 397.203
    Standards for determining preemption.
  • § 397.205
    Preemption application.
  • § 397.207
    Preemption notice.
  • § 397.209
    Preemption processing.
  • § 397.211
    Preemption determination.
  • § 397.213
    Waiver of preemption application.
  • § 397.215
    Waiver notice.
  • § 397.217
    Waiver processing.
  • § 397.219
    Waiver determination and order.
  • § 397.221
  • § 397.223
    Petition for reconsideration.
  • § 397.225
    Judicial review.

Part 397

§ 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.


Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at

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