---
kind: "section"
citation: "49 C.F.R. § 106.10"
title: "49"
number: "106.10"
heading: "Process for issuing rules."
url: "https://uscodex.org/cfr/49/106.10"
---

# §106.10. Process for issuing rules.

- (a) PHMSA (“we”) uses informal rulemaking procedures under the Administrative Procedure Act ([5 U.S.C. 553](/usc/5/553.md)) to add, amend, or delete regulations. To propose or adopt changes to a regulation, PHMSA may issue one or more of the following documents. We publish the following rulemaking documents in the Federal Register unless we name and personally serve a copy of a rule on every 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 documents in [paragraph (a)](#a) of this section generally contains the following information:
  - (1) **The topic involved in the rulemaking document.**
  - (2) **PHMSA's legal authority for issuing the rulemaking document.**
  - (3) How interested persons may participate in the rulemaking proceeding (for example, by filing written comments or making oral presentations).
  - (4) **Whom to call if you have questions about 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 rulemaking proceeding.**

## Notes

### Amendments

[67 FR 42954, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005]

### Authority

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

### Source

Source: 67 FR 42954, June 25, 2002, unless otherwise noted.

### Amendments

[67 FR 42954, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005]