49 C.F.R. Subpart B—Participating in the Rulemaking Process
Title 49 - Transportation
The following defined terms (see part 105, subpart A, of this subchapter) appear in this subpart: File; Person; Political subdivision; State. You may participate in PHMSA's rulemaking process by doing any of the following: (a) File written comments on any rulemaking document that asks for comments, including an advance notice of proposed rulemaking, notice of proposed rulemaking, interim final rule, or direct final rule. (b) Ask that we hold a public meeting in any rulemaking proceeding and participate in any public meeting that we hold. (c) File a petition for rulemaking that asks us to add, amend, or delete a regulation. (d) File an appeal that asks us to reexamine our decision to issue all or part of a final rule, interim final rule, or direct final rule. Anyone may file written comments about proposals made in any rulemaking document that requests public comments, including any State government agency, any political subdivision of a State, and any interested person invited by PHMSA to participate in the rulemaking process. Your comments must be in English and must contain the following: (a) The docket number of the rulemaking document you are commenting on, clearly set out at the beginning of your comments. (b) Information, views, or arguments that follow the instructions for participation that appear in the rulemaking document on which you are commenting. (c) All material that is relevant to any statement of fact in your comments. (d) The document title and page number of any material that you reference in your comments. (a) Unless you are told to do otherwise in the rulemaking document on which you are commenting, send your comments to us in either of the following ways: (1) By mail to: Docket Management System, U.S. Department of Transportation, Room PL 401, Washington, DC 20590–0001. (2) Through the Internet to http://dms.dot.gov. (b) Make sure that your comments reach us by the deadline set out in the rulemaking document on which you are commenting. We will consider late filed comments to the extent possible. (c) We may reject comments that are not relevant to the rulemaking. We may reject comments you file electronically if you do not follow the electronic filing instructions at the DOT Web site. [67 FR 42954, June 25, 2002, as amended at 69 FR 54044, Sept. 7, 2004] You may ask for more time to file comments on a rulemaking proceeding. If PHMSA grants your request, it is granted to all persons. We will notify the public of the extension by publishing a document in the (a) File a request for extension at least ten days before the end of the comment period established in the rulemaking document. (b) Show that you have good cause for the extension and that an extension is in the public interest. (c) Include the docket number of the rulemaking document you are seeking additional time to comment on, clearly set out at the beginning of your request. (d) Send your request to: Docket Management System, U.S. Department of Transportation, Room PL 401, 400 7th Street, SW., Washington, DC 20590–0001.
Title 49: Transportation
PART 106—RULEMAKING PROCEDURES
Subpart B—Participating in the Rulemaking Process
§ 106.50 Defined terms used in this subpart.
§ 106.55 Public participation in the rulemaking process.
Written Comments
§ 106.60 Filing comments.
§ 106.65 Required information for written comments.
§ 106.70 Where and when to file comments.
§ 106.75 Extension of time to file comments.
Public Meetings and Other Proceedings
§ 106.80 Public meeting procedures.
A public meeting is a non-adversarial, fact-finding proceeding conducted by a PHMSA representative. Generally, public meetings are announced in the
§ 106.85 Requesting a public meeting.
(a) You may ask for a public meeting by filing a written request with PHMSA no later than 20 days before the expiration of the comment period specified in the rulemaking document. Send your request for a public meeting to: Docket Management System, U.S. Department of Transportation, Room PL 401, 400 7th Street, SW., Washington, DC 20590–0001.
(b) PHMSA will review your request and, if you have shown good cause for a public meeting, we will grant it and publish a notice of the meeting in the
§ 106.90 Other rulemaking proceedings.
During a rulemaking proceeding, PHMSA may invite you to do the following:
(a) Participate in a conference at which minutes are taken.
(b) Make an oral presentation.
(c) Participate in any other public proceeding to ensure that PHMSA makes informed decisions during the rulemaking process and to protect the public interest, including a negotiated rulemaking or work group led by a facilitator.
Petitions for Rulemaking
§ 106.95 Requesting a change to the regulations.
You may ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking as follows:
(a) For regulations in 49 CFR parts 110, 130, 171 through 180, submit the petition to: Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, Attn: PHH–10, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590–0001.
(b) For regulations in 49 CFR parts 105, 106, or 107, submit the petition to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC–10, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590–0001.
[70 FR 56089, Sept. 23, 2005]
§ 106.105 PHMSA response to a petition for rulemaking.
We will review and respond to your petition for rulemaking as follows:
------------------------------------------------------------------------ And if we If your petition is . . . determine that . Then . . . . .------------------------------------------------------------------------(a) Incomplete.................. .................. We may return your petition with a written explanation.------------------------------------------------------------------------(b) Complete.................... Your petition does We will notify you not justify a in writing that rulemaking action. we will not start a rulemaking proceeding.------------------------------------------------------------------------(c) Complete.................... Your petition does We will notify you justify a in writing that rulemaking action. we will start a rulemaking proceeding.------------------------------------------------------------------------
Appeals§ 106.110 Appealing a PHMSA Action.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. § 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. § 106.120 Appeal deadline. (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 (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] § 106.125 Filing an appeal.Send your appeal to: Docket Management System, U.S. Department of Transportation, Room PL 401, 400 7th Street, SW., Washington, DC 20590–0001. § 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 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 (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. Browse Previous |
