Sec. 1.412 Notice of proposed rulemaking.
(a) Except as provided in paragraphs (b) and (c) of this section,
prior notice of proposed rulemaking will be given.
(1) Notice is ordinarily given by publication of a ``Notice of
Proposed Rule Making'' in the Federal Register. A summary of the full
decision adopted by the Commission constitutes a ``Notice of Proposed
Rulemaking'' for purposes of Federal Register publication.
(2) If all persons subject to the proposed rules are named, the
proposal may (in lieu of publication) be personally served upon those
persons.
(3) If all persons subject to the proposed rules are named and have
actual notice of the proposal as a matter of law, further prior notice
of proposed rulemaking is not required.
(b) Rule changes (including adoption, amendment, or repeal of a rule
or rules) relating to the following matters will ordinarily be adopted
without prior notice:
(1) Any military, naval, or foreign affairs function of the United
States.
(2) Any matter relating to Commission management or personnel or to
public property, loans, grants, benefits, or contracts.
(3) Interpretative rules.
(4) General statements of policy.
(5) Rules of Commission organization, procedure, or practice.
(c) Rule changes may in addition be adopted without prior notice in
any situation in which the Commission for good cause finds that notice
and public procedure are impracticable, unnecessary, or contrary to the
public interest. The finding of good cause and a statement of the basis
for that finding are in such situations published with the rule changes.
(d) In addition to the notice provisions of paragraph (a) of this
section, the Commission, before prescribing any requirements as to
accounts, records, or memoranda to be kept by carriers, will notify the
appropriate State agencies having jurisdiction over any carrier involved
of the proposed requirements.
[ 28 FR 12432 , Nov. 22, 1963, as amended at 51 FR 7445 , Mar. 4, 1986]
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