[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: 49CFR216.25]

[Page 181-182]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT--Table of Contents
 
                    Subpart C--Emergency Order--Track
 
Sec. 216.25  Issuance and review of emergency order.

    (a) Upon recommendation of the FRA Regional Administrator, the 
Administrator may issue an Emergency order removing from service track 
identified in the notice issued under Sec. 216.21.
    (b) As specified in section 203, Public Law No. 91-458, 84 Stat. 972 
(45 U.S.C. 432), opportunity for review of the Emergency order is 
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 this conference and a hearing is 
desired, the petitioner must submit a written request for a hearing 
within fifteen (15) days after the conference. The hearing will commence 
within fourteen (14) calendar days of receipt of the request and will be 
conducted in accordance with sections 556 and 575, title 5, U.S.C.

[[Page 182]]

    (c) Unless stayed or modified by the Administrator, the requirements 
of each Emergency order issued under this subpart shall remain in effect 
and be observed pending decision on a petition for review.