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| Appeals | 106.110 – 106.130 | ||||||||||||||||
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67 FR 42954, June 25, 2002, unless otherwise noted.
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Subscribe to: 49 CFR Part 106 Subpart B - Appeals
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Nomenclature changes to part 106 appear at 70 FR 56088, Sept. 23, 2005.
You may appeal the following PHMSA actions:
(a) PHMSA's issuance of a final rule or PHMSA's withdrawal of a notice of proposed rulemaking under the rulemaking procedures in this part. However, you may appeal PHMSA's issuance of a direct final rule only if you previously filed comments to the direct final rule (see § 106.40(e)).
(b) Any PHMSA decision on a petition for rulemaking.
(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.
(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 proposed rulemaking, your appeal document must reach us no later than 30 days after the date PHMSA published the regulation or the withdrawal notice in the Federal Register. After that time, PHMSA will consider your appeal to be a petition for rulemaking under § 106.100.
(b) Appeal of a decision. If you appeal PHMSA's decision on a petition for rulemaking, your appeal document must reach us no later than 30 days from the date PHMSA served you with written notice of PHMSA's decision.
[70 FR 56089, Sept. 23, 2005]
Send your appeal to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]
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 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.