[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR211.47]



[Page 69]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                       Subpart D_Emergency Orders

 

Sec. 211.47  Review procedures.





    (a) As specified in section 203, Public Law 91-458, 84 Stat. 972 (45 

U.S.C. 432), opportunity for review of Emergency orders issued under 

that section will be provided in accordance with section 554 of title 5 

of the U.S.C. Petitions for such review must be submitted in writing to 

the Office of Chief Counsel, Federal Railroad Administration, 

Washington, DC 20590. Upon receipt of a petition, FRA will immediately 

contact the petitioner and make the necessary arrangements for a 

conference to be held at the earliest date acceptable to the petitioner. 

At this conference, the petitioner will be afforded an opportunity to 

submit facts, arguments and proposals for modification or withdrawal of 

the Emergency order. If the controversy is not resolved at the 

conference and a hearing is desired, the petitioner must submit a 

written request for a hearing within 15 days after the conference. The 

hearing will commence within 14 calendar days f receipt of the request 

and will be conducted in accordance with sections 556 and 575, title 5, 

U.S.C. Each petition for review shall be decided not later than 3 months 

after receipt.

    (b) Unless stayed or modified by the Administrator, the requirements 

of each Emergency order shall remain in effect and be observed pending 

decision on a petition for review.