---
kind: "section"
citation: "49 C.F.R. § 106.115"
title: "49"
number: "106.115"
heading: "Required information for an appeal."
url: "https://uscodex.org/cfr/49/106.115"
---

# §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.**

## Notes

### 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.