[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.223]

[Page 33-34]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart C_Preemption
 
Sec. 107.223  Petition for reconsideration.

    (a) Any person aggrieved by a determination under Sec. 107.221 may 
file a petition for reconsideration with the Associate Administrator. 
The petition must be filed within 20 days of publication of the 
determination in the Federal Register.
    (b) The petition must contain a concise statement of the basis for 
seeking review, including any specific factual or legal error alleged. 
If the petition requests consideration of information that was not 
previously made available to the Associate Administrator, the petition 
must include the reasons why such information was not previously made 
available.
    (c) The petitioner shall mail a copy of the petition to each person 
who participated, either as an applicant or commenter, in the waiver of 
preemption proceeding, accompanied by a statement that the person may 
submit comments concerning the petition to the Associate Administrator 
within 20 days. The petition filed with the Associate Administrator must 
contain a certification that the petitioner has

[[Page 34]]

complied with this paragraph and include the names and addresses of all 
persons to whom a copy of the petition was sent. Late-filed comments are 
considered so far as practicable.
    (d) The Associate Administrator's decision constitutes final agency 
action.

[Amdt. 107-25, 57 FR 20429, May 13, 1992, as amended by Amdt. 107-38, 61 
FR 21099, May 9, 1996]