[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR106.40]

[Page 14]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 106_RULEMAKING PROCEDURES--Table of Contents
 
                   Subpart A_RSPA Rulemaking Documents
 
Sec. 106.40  Direct final rule.

    A direct final rule makes regulatory changes and states that the 
regulatory changes will take effect on a specified date unless RSPA 
receives an adverse comment or notice of intent to file an adverse 
comment within the comment period--generally 60 days after the direct 
final rule is published in the Federal Register.
    (a) Actions taken by direct final rule. We may use direct final 
rulemaking procedures to issue rules that do any of the following:
    (1) Make minor substantive changes to regulations.
    (2) Incorporate by reference the latest edition of technical or 
industry standards.
    (3) Extend compliance dates.
    (4) Make noncontroversial changes to regulations. We must determine 
and publish a finding that use of direct final rulemaking, in this 
situation, is in the public interest and unlikely to result in adverse 
comment.
    (b) Adverse comment. An adverse comment explains why a rule would be 
inappropriate, or would be ineffective or unacceptable without a change. 
It may challenge the rule's underlying premise or approach. Under the 
direct final rule process, we do not consider the following types of 
comments to be adverse:
    (1) A comment recommending another rule change, in addition to the 
change in the direct final rule at issue, unless the commenter states 
why the direct final rule would be ineffective without the change.
    (2) A frivolous or irrelevant comment.
    (c) Confirmation of effective date. We will publish a confirmation 
document in the Federal Register, generally within 15 days after the 
comment period closes, if we have not received an adverse comment or 
notice of intent to file an adverse comment. The confirmation document 
tells the public the effective date of the rule--either the date stated 
in the direct final rule or at least 30 days after the publication date 
of the confirmation document, whichever is later.
    (d) Withdrawing a direct final rule. (1) If we receive an adverse 
comment or notice of intent to file an adverse comment, we will publish 
a document in the Federal Register before the effective date of the 
direct final rule advising the public and withdrawing the direct final 
rule in whole or in part.
    (2) If we withdraw a direct final rule because of an adverse 
comment, we may incorporate the adverse comment into a later direct 
final rule or may publish a notice of proposed rulemaking.
    (e) Appeal. You may appeal RSPA's issuance of a direct final rule 
(see Sec. 106.115) only if you have previously filed written comments 
(see Sec. 106.60) to the direct final rule.