[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: 49CFR389.35]

[Page 1079]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 389_RULEMAKING PROCEDURES_FEDERAL MOTOR CARRIER SAFETY REGULATIONS
--Table of Contents
 
               Subpart B_Procedures for Adoption of Rules
 
Sec. 389.35  Petitions for reconsideration.

    (a) Any interested person may petition the Administrator for 
reconsideration of any rule issued under this part. The petition must be 
in English and submitted in five (5) legible copies to the 
Administrator, Federal Motor Carrier Safety Administration, 400 Seventh 
Street, SW., Washington, DC 20590, and received not later than thirty 
(30) days after publication of the rule in the Federal Register. 
Petitions filed after that time will be considered as petitions filed 
under Sec. 389.31. The petition must contain a brief statement of the 
complaint and an explanation as to why compliance with the rule is not 
practicable, is unreasonable, or is not in the public interest.
    (b) If the petitioner requests the consideration of additional 
facts, he/she must state the reason they were not presented to the 
Administrator within the prescribed time.
    (c) The Administrator does not consider repetitious petitions.
    (d) Unless the Administrator otherwise provides, the filing of a 
petition under this section does not stay the effectiveness of the rule.

[35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988]