§  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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