[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR106.115]



[Page 17]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 106_RULEMAKING PROCEDURES--Table of Contents

 

            Subpart B_Participating in the Rulemaking Process

 

Sec. 106.115  Required information for an appeal.



    (a) Appeal of a final rule or withdrawal of a notice of proposed 

rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's 

withdrawal of a notice of proposed rulemaking, your appeal must include 

the following:

    (1) The docket number of the rulemaking you are concerned about, 

clearly set out at the beginning of your appeal.

    (2) A brief statement of your concern about the final rule or the 

withdrawal of notice of proposed rulemaking at issue.

    (3) An explanation of why compliance with the final rule is not 

practical, reasonable, or in the public interest.

    (4) If you want PHMSA to consider more facts, the reason why you did 

not present those facts within the time given during the rulemaking 

process for public comment.

    (b) Appeal of a decision. If you appeal PHMSA's decision on a 

petition for rulemaking, you must include the following:

    (1) The contested aspects of the decision.

    (2) Any new arguments or information.