[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR211.33]

[Page 78]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 211_RULES OF PRACTICE--Table of Contents
 
                     Subpart B_Rulemaking Procedures
 
Sec.  211.33  Direct final rulemaking procedures.

    (a) Rules that the Administrator judges to be noncontroversial and 
unlikely to result in adverse public comment may be published in the 
final rule section of the Federal Register as direct final rules. These 
include noncontroversial rules that:
    (1) Affect internal procedures of the Federal Railroad 
Administration, such as filing requirements and rules governing 
inspection and copying of documents,
    (2) Are nonsubstantive clarifications or corrections to existing 
rules,
    (3) Update existing forms, and
    (4) Make minor changes in the substantive rules regarding statistics 
and reporting requirements.
    (b) The Federal Register document will state that any adverse 
comment or notice of intent to submit adverse comment must be received 
in writing by the Federal Railroad Administration within the specified 
time after the date of publication and that, if no written adverse 
comment or request for oral hearing (if such opportunity is required by 
statute) is received, the rule will become effective a specified number 
of days after the date of publication.
    (c) If no adverse comment or request for oral hearing is received by 
the Federal Railroad Administration within the specified time of 
publication in the Federal Register, the Federal Railroad Administration 
will publish a notice in the Federal Register indicating that no adverse 
comment was received and confirming that the rule will become effective 
on the date that was indicated in the direct final rule.
    (d) If the Federal Railroad Administration receives any written 
adverse comment or request for oral hearing within the specified time of 
publication in the Federal Register, a notice withdrawing the direct 
final rule will be published in the final rule section of the Federal 
Register and, if the Federal Railroad Administration decides a 
rulemaking is warranted, a notice of proposed rulemaking will be 
published in the proposed rule section of the Federal Register.
    (e) An ``adverse'' comment for the purpose of this subpart means any 
comment that the Federal Railroad Administration determines is critical 
of the rule, suggests that the rule should not be adopted, or suggests a 
change that should be made in the rule.

[72 FR 10087, Mar. 7, 2007]