[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: 49CFR106.130]



[Page 17-18]

 

                        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. 106.130  PHMSA response to an appeal.



    Unless PHMSA 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



[[Page 18]]



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) PHMSA will notify you, in writing, of the action on your appeal 

within 90 days after the date that PHMSA 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 PHMSA has previously rejected.

    (2) PHMSA will notify you, in writing, of the action on your appeal 

within 90 days after the date that PHMSA 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.