[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR211.47]

[Page 67-68]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 211--RULES OF PRACTICE--Table of Contents
 
                       Subpart D--Emergency Orders
 
Sec. 211.47  Review procedures.


    (a) As specified in section 203, Public Law 91-458, 84 Stat. 972 (45 
U.S.C. 432),

[[Page 68]]

opportunity for review of Emergency orders issued under that section 
will be provided in accordance with section 554 of title 5 of the 
U.S.C.. Petitions for such review must be submitted in writing to the 
Office of Chief Counsel, Federal Railroad Administration, Washington, DC 
20590. Upon receipt of a petition, FRA will immediately contact the 
petitioner and make the necessary arrangements for a conference to be 
held at the earliest date acceptable to the petitioner. At this 
conference, the petitioner will be afforded an opportunity to submit 
facts, arguments and proposals for modification or withdrawal of the 
Emergency order. If the controversy is not resolved at the conference 
and a hearing is desired, the petitioner must submit a written request 
for a hearing within 15 days after the conference. The hearing will 
commence within 14 calendar days f receipt of the request and will be 
conducted in accordance with sections 556 and 575, title 5, U.S.C. Each 
petition for review shall be decided not later than 3 months after 
receipt.
    (b) Unless stayed or modified by the Administrator, the requirements 
of each Emergency order shall remain in effect and be observed pending 
decision on a petition for review.