[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.57]

[Page 275-276]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS
--Table of Contents
 
         Subpart C_Exceptions to the Use of the Locomotive Horn
 
Sec. 222.57  Can parties seek review of the Associate Administrator's 
actions?

    (a) A public authority or other interested party may petition the 
Administrator for review of any decision by the Associate Administrator 
granting or

[[Page 276]]

denying an application for approval of a new SSM or ASM under Sec. 
222.55. The petition must be filed within 60 days of the decision to be 
reviewed, specify the grounds for the requested relief, and be served 
upon all parties identified in Sec. 222.43(a). Unless the Administrator 
specifically provides otherwise, and gives notice to the petitioner or 
publishes a notice in the Federal Register, the filing of a petition 
under this paragraph does not stay the effectiveness of the action 
sought to be reviewed. The Administrator may reaffirm, modify, or revoke 
the decision of the Associate Administrator without further proceedings 
and shall notify the petitioner and other interested parties in writing 
or by publishing a notice in the Federal Register.
    (b) A public authority may challenge a decision by the Associate 
Administrator to deny an application by that authority for approval of a 
quiet zone, or to require additional safety measures, or that a quiet 
zone be terminated, by filing a petition for reconsideration with the 
Associate Administrator. The petition must specify the grounds for the 
requested relief, be filed within 60 days of the decision to be 
reconsidered, and be served upon all parties identified in Sec. 
222.43(a). Upon receipt of a timely and proper petition, the Associate 
Administrator will provide the petitioner an opportunity to submit 
additional materials and for an informal hearing. Upon review of the 
additional materials and completion of any hearing requested, the 
Associate Administrator shall issue a decision on the petition that will 
be administratively final.