[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: 49CFR216.25]



[Page 190-191]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 216_SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, 

LOCOMOTIVE AND EQUIPMENT--Table of Contents

 

                     Subpart C_Emergency Order_Track

 

Sec. 216.25  Issuance and review of emergency order.



    (a) Upon recommendation of the FRA Regional Administrator, the 

Administrator may issue an Emergency order removing from service track 

identified in the notice issued under Sec. 216.21.

    (b) As specified in section 203, Public Law No. 91-458, 84 Stat. 972 

(45 U.S.C. 432), opportunity for review of the Emergency order is 

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



[[Page 191]]



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 

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

written request for a hearing within fifteen (15) days after the 

conference. The hearing will commence within fourteen (14) calendar days 

of receipt of the request and will be conducted in accordance with 

sections 556 and 575, title 5, U.S.C.

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

of each Emergency order issued under this subpart shall remain in effect 

and be observed pending decision on a petition for review.