49 CFR § 106.110 - Appealing a PHMSA Action.

---
identifier: "/us/cfr/t49/s106.110"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 106.110 - Appealing a PHMSA Action."
title_number: 49
title_name: "Transportation"
section_number: "106.110"
section_name: "Appealing a PHMSA Action."
chapter_name: "PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "A"
subchapter_name: "HAZARDOUS MATERIALS AND OIL TRANSPORTATION"
part_number: "106"
part_name: "RULEMAKING PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97."
regulatory_source: "67 FR 42954, June 25, 2002, unless otherwise noted."
cfr_part: "106"
---


# 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.