[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.211]



[Page 30]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents

 

                          Subpart C_Preemption

 

Sec. 107.211  Petition for reconsideration.



    (a) Any person aggrieved by a determination issued under Sec. 

107.209 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 preemption 

determination 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 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 20428, May 13, 1992, as amended by Amdt. 107-38, 61 

FR 21099, May 9, 1996]