FCC 1.412 Revised as of December 4, 2012
Goto Year:2011 |
§ 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
(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
(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
(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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