[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.339]

[Page 21-22]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190_PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
               Subpart C_Procedures for Adoption of Rules
 
Sec. 190.339  Direct final rulemaking.

    (a) Where practicable, the Administrator will use direct final 
rulemaking to issue the following types of rules:
    (1) Minor, substantive changes to regulations;
    (2) Incorporation by reference of the latest edition of technical or 
industry standards;
    (3) Extensions of compliance dates; and
    (4) Other noncontroversial rules where the Administrator determines 
that use of direct final rulemaking is

[[Page 22]]

in the public interest, and that a regulation is unlikely to result in 
adverse comment.
    (b) The direct final rule will state an effective date. The direct 
final rule will also state that unless an adverse comment or notice of 
intent to file an adverse comment is received within the specified 
comment period, generally 60 days after publication of the direct final 
rule in the Federal Register, the Administrator will issue a 
confirmation document, generally within 15 days after the close of the 
comment period, advising the public that the direct final rule will 
either become effective on the date stated in the direct final rule or 
at least 30 days after the publication date of the confirmation 
document, whichever is later.
    (c) For purposes of this section, an adverse comment is one which 
explains why the rule would be inappropriate, including a challenge to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. Comments that are frivolous or 
insubstantial will not be considered adverse under this procedure. A 
comment recommending a rule change in addition to the rule will not be 
considered an adverse comment, unless the commenter states why the rule 
would be ineffective without the additional change.
    (d) Only parties who filed comments to a direct final rule issued 
under this section may petition under Sec. 190.335 for reconsideration 
of that direct final rule.
    (e) If an adverse comment or notice of intent to file an adverse 
comment is received, a timely document will be published in the Federal 
Register advising the public and withdrawing the direct final rule in 
whole or in part. The Administrator may then incorporate the adverse 
comment into a subsequent direct final rule or may publish a notice of 
proposed rulemaking. A notice of proposed rulemaking will provide an 
opportunity for public comment, generally a minimum of 60 days, and will 
be processed in accordance with Sec. Sec. 190.311-190.329.