[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR106.130]

[Page 18]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 106_RULEMAKING PROCEDURES--Table of Contents
 
            Subpart B_Participating in the Rulemaking Process
 
Sec.  106.130  RSPA response to an appeal.

    Unless RSPA provides otherwise, filing an appeal will not keep a 
final rule from becoming effective. We will handle an appeal according 
to the following procedures:
    (a) Appeal of a final rule or withdrawal of a notice of proposed 
rulemaking. (1) We may consolidate your appeal with other appeals of the 
same rule.
    (2) We may grant or deny your appeal, in whole or in part, without 
further rulemaking proceedings, unless granting your appeal would result 
in the issuance of a new final rule.
    (3) If we decide to grant your appeal, we may schedule further 
proceedings and an opportunity to comment.
    (4) RSPA will notify you, in writing, of the action on your appeal 
within 90 days after the date that RSPA published the final rule or 
withdrawal of notice of proposed rulemaking at issue in the Federal 
Register. If we do not issue a decision on your appeal within the 90-day 
period and we anticipate a substantial delay, we will notify you 
directly about the delay and will give you an expected decision date. We 
will also publish a notice of the delay in the Federal Register.
    (b) Appeal of a decision. (1) We will not consider your appeal if it 
merely repeats arguments that RSPA has previously rejected.
    (2) RSPA will notify you, in writing, of the action on your appeal 
within 90 days after the date that RSPA served you with written notice 
of its decision on your petition for rulemaking. If we do not issue a 
decision on your appeal within the 90-day period, and we anticipate a 
substantial delay, we will notify you directly about the delay and will 
give you an expected decision date.