§ 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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