---
kind: "section"
citation: "49 C.F.R. § 105.35"
title: "49"
number: "105.35"
heading: "Serving documents in PHMSA proceedings."
url: "https://uscodex.org/cfr/49/105.35"
---

# §105.35. Serving documents in PHMSA proceedings.

- (a) **Service by PHMSA.** We may serve the document by one of the following methods, except where a different method of service is specifically required:
  - (1) **Registered or certified mail.**
    - (i) If we serve a document by registered or certified mail, it is considered served when mailed.
    - (ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service.
    - (iii) We may serve a person's authorized representative or agent by registered or certified mail, or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person.
  - (2) **Personal service.**
  - (3) Publication in the Federal Register.
  - (4) **Electronic service.**
    - (i) Service by electronic means if consented to in writing by the party to be served.
    - (ii) **For all special permits and approvals actions, electronic service is authorized.**
- (b) **Service by others.** If you are required under this subchapter to serve a person with a document, serve the document by one of the following methods, except where a different method of service is specifically required:
  - (1) **Registered or certified mail.**
    - (i) If you serve a document by registered or certified mail, it is considered served when mailed.
    - (ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service.
    - (iii) You may serve a person's authorized representative or agent by registered or certified mail or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person.
  - (2) **Personal service.**
  - (3) **Electronic service.**
    - (i) In a proceeding under [§ 107.317](/cfr/49/107.317.md) of this subchapter (an administrative law judge proceeding), you may electronically serve documents on us.
    - (ii) **Serve documents electronically through the Internet at <I>http—** //www.regulations.gov.

## Notes

### Amendments

[67 FR 42951, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 460, Jan. 5, 2011]

### Authority

Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

### Source

Source: 67 FR 42951, June 25, 2002, unless otherwise noted.

### Amendments

[67 FR 42951, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 460, Jan. 5, 2011]