[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: 49CFR106.40]



[Page 14]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 106_RULEMAKING PROCEDURES--Table of Contents

 

                  Subpart A_PHMSA 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 PHMSA 

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 PHMSA'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.