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 Sec. 106.40(e)).
(b) Any PHMSA decision on a petition for rulemaking.