[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.34]

[Page 167]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.34  Reconsideration.

    Within five (5) days after service of the Environmental Appeals 
Board's decision, any party may file a petition for reconsideration of 
such decision, setting forth the relief desired and the grounds in 
support thereof. Petitions for reconsideration under this provision 
shall be directed to, and decided by, the Environmental Appeals Board. 
Petitions for reconsideration directed to the Administrator, rather than 
to the Environmental Appeals Board, will not be considered, except in 
cases that the Environmental Appeals Board has referred to the 
Administrator's pursuant to Sec. 209.3(k) and in which the Administrator 
has issued the final order. Any petition filed under this subsection 
must be confined to new questions raised by the decision or final order 
and upon which the petitioner had no opportunity to argue before the 
administrative law judge or the Environmental Appeals Board. Any party 
desiring to oppose a petition shall file an answer thereto within five 
(5) days after service of the petition. The filing of a petition for 
reconsideration shall not operate to stay the effective date of the 
decision or order.

[57 FR 5345, Feb. 13, 1992]