Ask X3What does 49 CFR 397.215 (Waiver notice) require?
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Based on 49 CFR 397.215, the requirements for a waiver notice are as follows:
* Notice to Affected Parties: The applicant (a State, political subdivision, or Indian tribe) must mail a copy of the application, and any subsequent amendments or related documents, to everyone they reasonably ascertain will be affected by the requested determination.
* Comment Period Statement: The mailed copy of the application must include a statement informing the recipient that they may submit comments on the application to the Administrator within 45 days.
* Certification and Mailing List: The application filed with the Administrator must include the names and addresses of everyone who was sent a copy, along with a certification that the applicant complied with the mailing requirement.
* Impracticable Notice Exception: If the applicant determines that notifying every affected person is impracticable, they must still notify those persons it is reasonable and practicable to reach, and include a description of the persons (or classes of persons) who were not sent a notice in the application filed with the Administrator.
* Additional Notice: The Administrator may require additional notice, determine that notice was not actually impracticable, or require notice to be published in the Federal Register. The Administrator may also serve notice on other readily identifiable affected persons.
* Submitting Comments: Anyone submitting written comments to the Administrator must send a copy of those comments to the applicant and certify to the Administrator that they have done so. The Administrator may then allow other participating persons an opportunity to respond to those comments.