CFR > Title 36 - Parks, Forests, and Public Property > CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE > PART 215—NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES > 215.16—Dismissal of appeal without review.

215.16—Dismissal of appeal without review.

(a) The Appeal Deciding Officer shall dismiss an appeal without review when one or more of the following applies:
(1) The postmark on an appeal mailed or otherwise filed (for example, express mail service) or the evidence of the date sent on an e-mailed or faxed appeal is not within the 45-day appeal-filing period ( § 215.15 ).
(2) The time and date imprint at the correct Appeal Deciding Officer's office on a hand-delivered appeal is not within the 45-day appeal-filing period ( § 215.15 ).
(3) The requested relief or change cannot be granted under law or regulation.
(4) The appellant has appealed the same decision under part 251 ( § 215.11(d) ).
(5) The decision is not subject to appeal ( § 215.12 ).
(6) The individual or organization did not submit substantive comments during the comment period ( § 215.6 ).
(7) The Responsible Official withdraws the decision.
(8) The appeal does not provide sufficient information in response to § 215.14(b)(6) through (b)(9) for the Appeal Deciding Officer to render a decision.
(9) The appellant withdraws the appeal.
(b) Any additional information or attachment to an appeal that is not filed within the 45-day appeal-filing period shall not be considered with the appeal.
(c) The Appeal Deciding Officer shall give written notice to the appellant and the Responsible Official when an appeal is dismissed and shall give the reasons for dismissal.