DOT 49 CFR PART 106-2010 RULEMAKING PROCEDURES.pdf

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1、13 Pipeline and Hazardous Materials Safety Admin., DOT 106.15 PART 106RULEMAKING PROCEDURES Subpart APHMSA Rulemaking Documents Sec. 106.5 Defined terms used in this subpart. 106.10 Process for issuing rules. 106.15 Advance notice of proposed rule-making. 106.20 Notice of proposed rulemaking. 106.25

2、 Revising regulations without first issuing an ANPRM or NPRM. 106.30 Final rule. 106.35 Interim final rule. 106.40 Direct final rule. 106.45 Tracking rulemaking actions. Subpart BParticipating in the Rulemaking Process 106.50 Defined terms used in this subpart. 106.55 Public participation in the rul

3、e-making 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. 106.85 Requesting a public meeting.

4、106.90 Other rulemaking proceedings. PETITIONS FOR RULEMAKING 106.95 Requesting a change to the regula-tions. 106.100 Required information for a petition for rulemaking. 106.105 PHMSA response to a petition for rulemaking. APPEALS 106.110 Appealing a PHMSA action. 106.115 Required information for an

5、 appeal. 106.120 Appeal deadline. 106.125 Filing an appeal. 106.130 PHMSA response to an appeal. AUTHORITY: 49 U.S.C. 51015127; 49 CFR 1.53. SOURCE: 67 FR 42954, June 25, 2002, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 106 appear at 70 FR 56088, Sept. 23, 2005. Subpart APH

6、MSA Rulemaking Documents 106.5 Defined terms used in this sub-part. The following defined terms (see part 105, subpart A, of this subchapter) ap-pear in this subpart: File; Person; State. 106.10 Process for issuing rules. (a) PHMSA (we) uses informal rulemaking procedures under the Ad-ministrative P

7、rocedure Act (5 U.S.C. 553) to add, amend, or delete regula-tions. To propose or adopt changes to a regulation, PHMSA may issue one or more of the following documents. We publish the following rulemaking docu-ments in the FEDERAL REGISTER unless we name and personally serve a copy of a rule on every

8、 person subject to it: (1) An advance notice of proposed rulemaking. (2) A notice of proposed rulemaking. (3) A final rule. (4) An interim final rule. (5) A direct final rule. (b) Each of the rulemaking docu-ments in paragraph (a) of this section generally contains the following infor-mation: (1) Th

9、e topic involved in the rule-making document. (2) PHMSAs legal authority for issuing the rulemaking document. (3) How interested persons may par-ticipate in the rulemaking proceeding (for example, by filing written com-ments or making oral presentations). (4) Whom to call if you have ques-tions abou

10、t the rulemaking document. (5) The date, time, and place of any public meetings being held to discuss the rulemaking document. (6) The docket number and regulation identifier number (RIN) for the rule-making proceeding. 67 FR 42954, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005 106.15 Adv

11、ance notice of proposed rulemaking. An advance notice of proposed rule-making (ANPRM) tells the public that PHMSA is considering an area for rule-making and requests written com-ments on the appropriate scope of the rulemaking or on specific topics. An VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 P

12、O 00000 Frm 00023 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-14 49 CFR Ch. I (10110 Edition) 106.20 advance notice of proposed rulemaking may or may not include the text of po-tential changes

13、 to a regulation. 106.20 Notice of proposed rule-making. A notice of proposed rulemaking (NPRM) contains PHMSAs specific proposed regulatory changes for public comment and contains supporting in-formation. It generally includes pro-posed regulatory text. 106.25 Revising regulations without first iss

14、uing an ANPRM or NPRM. PHMSA may add, amend, or delete regulations without first issuing an ANPRM or NPRM in the following sit-uations: (a) We may go directly to a final rule or interim final rule if, for good cause, we find that a notice of proposed rule-making is impracticable, unnecessary, or con

15、trary to the public interest. We must place that finding and a brief statement of the reasons for it in the final rule or interim final rule. (b) We may issue a direct final rule (see 106.40). 106.30 Final rule. A final rule sets out new regulatory requirements and their effective date. A final rule

16、 will also identify issues raised by commenters in response to the notice of proposed rulemaking and give the agencys response. 106.35 Interim final rule. An interim final rule is issued with-out first issuing a notice of proposed rulemaking and accepting public com-ments and sets out new regulatory

17、 re-quirements and their effective date. PHMSA may issue an interim final rule if it finds, for good cause, that notice and public procedure are impracti-cable, unnecessary, or contrary to the public interest. PHMSA will clearly set out this finding in the interim final rule. After receiving and rev

18、iewing public comments, as well as any other relevant documents, PHMSA may re-vise the interim final rule and then issue a final rule. 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 recei

19、ves an adverse comment or notice of intent to file an adverse comment within the comment periodgenerally 60 days after the di-rect final rule is published in the FED-ERAL REGISTER. (a) Actions taken by direct final rule. We may use direct final rulemaking procedures to issue rules that do any of the

20、 following: (1) Make minor substantive changes to regulations. (2) Incorporate by reference the lat-est 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 rulemaki

21、ng, in this situation, is in the public interest and unlikely to result in adverse comment. (b) Adverse comment. An adverse com-ment explains why a rule would be in-appropriate, or would be ineffective or unacceptable without a change. It may challenge the rules underlying premise or approach. Under

22、 the direct final rule process, we do not consider the fol-lowing types of comments to be ad-verse: (1) A comment recommending an-other 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 cha

23、nge. (2) A frivolous or irrelevant com-ment. (c) Confirmation of effective date. We will publish a confirmation document in the FEDERAL REGISTER, generally within 15 days after the comment pe-riod closes, if we have not received an adverse comment or notice of intent to file an adverse comment. The

24、con-firmation document tells the public the effective date of the ruleeither 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 o

25、f intent to file an adverse com-ment, we will publish a document in VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-15 Pipeline and

26、 Hazardous Materials Safety Admin., DOT 106.55 the FEDERAL REGISTER before the effec-tive date of the direct final rule advis-ing the public and withdrawing the di-rect final rule in whole or in part. (2) If we withdraw a direct final rule because of an adverse comment, we may incorporate the advers

27、e comment into a later direct final rule or may publish a notice of proposed rule-making. (e) Appeal. You may appeal PHMSAs issuance of a direct final rule (see 106.115) only if you have previously filed written comments (see 106.60) to the direct final rule. 106.45 Tracking rulemaking actions. The

28、following identifying numbers allow you to track PHMSAs rule-making activities: (a) Docket number. We assign an iden-tifying number, called a docket num-ber, to each rulemaking proceeding. Each rulemaking document that PHMSA issues in a particular rule-making proceeding will display the same docket

29、number. This number al-lows you to do the following: (1) Associate related documents that appear in the FEDERAL REGISTER. (2) Search the DOT Docket Manage-ment System (DMS) for information on particular rulemaking pro-ceedingsincluding notices of proposed rulemaking, public comments, peti-tions for

30、rulemaking, appeals, records of additional rulemaking proceedings and final rules. There are two ways you can search the DMS: (i) Visit the public docket room and review and copy any docketed mate-rials during regular business hours. The DOT Docket Management System is located at the U.S. Department

31、 of Transportation, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Washington, DC 20590 0001. (ii) View and download docketed ma-terials through the Internet at http:/ www.regulations.gov. (b) Regulation identifier number. The Department of Transportation pub-lishes a semiannu

32、al agenda of all cur-rent and projected Department of Transportation rulemakings, reviews of existing regulations, and completed actions. This semiannual agenda ap-pears in the Unified Agenda of Federal Regulations that is published in the FEDERAL REGISTER in April and Octo-ber of each year. The sem

33、iannual agen-da tells the public about the Depart-mentsincluding PHMSAsregu-latory activities. The Department as-signs a regulation identifier number (RIN) to each individual rulemaking proceeding in the semiannual agenda. This number appears on all rulemaking documents published in the FEDERAL REGI

34、STER and makes it easy for you to track those rulemaking proceedings in both the FEDERAL REGISTER and the semiannual regulatory agenda itself, as well as to locate all documents in the Docket Management System per-taining to a particular rulemaking. 70 FR 56088, Sept. 23, 2005, as amended at 72 FR 5

35、5682, Oct. 1, 2007 Subpart BParticipating in the Rulemaking Process 106.50 Defined terms used in this subpart. The following defined terms (see part 105, subpart A, of this subchapter) ap-pear in this subpart: File; Person; Po-litical subdivision; State. 106.55 Public participation in the rulemaking

36、 process. You may participate in PHMSAs 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 pro-posed rulemaking, interim final rule, or direct final rule. (b) Ask

37、 that we hold a public meeting in any rulemaking proceeding and par-ticipate 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 re-examine our decision to issue all or part of a final rule, int

38、erim final rule, or direct final rule. VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-16 49 CFR Ch. I (10110 Edition) 106.60 WRITT

39、EN COMMENTS 106.60 Filing comments. Anyone may file written comments about proposals made in any rule-making document that requests public comments, including any State govern-ment agency, any political subdivision of a State, and any interested person invited by PHMSA to participate in the rulemaki

40、ng process. 106.65 Required information for writ-ten comments. Your comments must be in English and must contain the following: (a) The docket number of the rule-making document you are commenting on, clearly set out at the beginning of your comments. (b) Information, views, or arguments that follow

41、 the instructions for partici-pation that appear in the rulemaking document on which you are com-menting. (c) All material that is relevant to any statement of fact in your com-ments. (d) The document title and page num-ber of any material that you reference in your comments. 106.70 Where and when t

42、o file com-ments. (a) Unless you are told to do other-wise in the rulemaking document on which you are commenting, send your comments to us in either of the fol-lowing ways: (1) By mail to: Docket Management System, U.S. Department of Transpor-tation, West Building Ground Floor, Room W12140, 1200 Ne

43、w Jersey Avenue, SE., Washington, DC 205900001. (2) Through the Internet at http:/ www.regulations.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 re

44、ject comments that are not relevant to the rulemaking. We may reject comments you file elec-tronically if you do not follow the elec-tronic filing instructions at the DOT Web site. 67 FR 42954, June 25, 2002, as amended at 69 FR 54044, Sept. 7, 2004; 72 FR 55682, Oct. 1, 2007 106.75 Extension of tim

45、e to file com-ments. 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 pub-lishing a document in the FEDERAL REGISTER. If PHMSA denies your re-quest, PHMSA will notify you o

46、f the denial. To ask for more time, you must do the following: (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) Incl

47、ude the docket number of the rulemaking document you are seeking additional time to comment on, clearly set out at the beginning of your re-quest. (d) Send your request to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, S

48、E., Washington, DC 205900001. 67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007 PUBLIC MEETINGS AND OTHER PROCEEDINGS 106.80 Public meeting procedures. A public meeting is a non-adver-sarial, fact-finding proceeding con-ducted by a PHMSA representative. Generally, public meetings a

49、re an-nounced in the FEDERAL REGISTER. In-terested persons are invited to attend and to present their views to the agen-cy on specific issues. There are no for-mal pleadings and no adverse parties, and any regulation issued afterward is not necessarily based exclusively on the record of the meeting. Sections 556 and 557 of the Administrative Proce-dure Act (5 U.S.C. 556 and 557) do not apply to public meetings