[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: 49CFR222.57]



[Page 284-285]

 

                        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 denying an application for approval of a new SSM or ASM 

under Sec. 222.55 of this part. 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 the following parties: all 

railroads ordered to temporarily cease sounding of the locomotive horn 

over public highway-rail grade crossings for the demonstration of the 

proposed new SSM or ASM, the highway or traffic control authority or law 

enforcement authority having control over vehicular traffic at the 

crossings affected by the new SSM/ASM demonstration, the State agency 

responsible for grade crossing safety, the State agency responsible for 

highway and road safety, and the Associate Administrator. 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 request reconsideration of 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, by 

filing a petition for reconsideration with the Associate Administrator. 

The petition must specify the grounds for asserting that the Associate 

Administrator improperly exercised his/her judgment in finding that the 

proposed SSMs and ASMs would not result in a Quiet Zone Risk Index that 

would be at or below the Risk Index With Horns or the Nationwide 

Significant Risk Threshold. The petition shall be filed within 60 days 

of the date of the decision to be reconsidered and be served upon all 

parties listed in Sec. 222.39(b)(3) of this part. Upon receipt of a 

timely and proper petition, the Associate Administrator will provide the 

petitioner an opportunity to submit additional materials and to request 

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.

    (c) A public authority may request reconsideration of a decision by 

the Associate Administrator to terminate quiet zone status by filing a 

petition for reconsideration with the Associate Administrator. The 

petition must be filed within 60 days of the date of the decision, 

specify the grounds for the requested relief, and be served upon all 

parties listed in Sec. 222.51(c)(2) of this part. Unless the Associate 

Administrator publishes a notice in the Federal Register that 

specifically stays the effectiveness of his/her decision, the filing of 

a petition under this paragraph will not stay the termination of quiet 

zone status. Upon receipt of a timely and proper petition, the Associate 

Administrator will provide the petitioner an opportunity to submit 

additional materials and to request 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. A copy of this decision shall be served upon 

all parties listed in Sec. 222.51(c)(2) of this part.

    (d) A railroad may request reconsideration of a decision by the 

Associate Administrator to approve an application for approval of a 

proposed quiet zone under Sec. 222.39(b) of this part by filing a 

petition for reconsideration with the Associate Administrator. The 

petition must specify the grounds for asserting that the Associate 

Administrator improperly exercised his/her judgment in finding that the 

proposed



[[Page 285]]



SSMs and ASMs would result in a Quiet Zone Risk Index that would be at 

or below the Risk Index With Horns or the Nationwide Significant Risk 

Threshold. The petition shall be filed within 60 days of the date of the 

decision to be reconsidered, and be served upon all parties listed in 

Sec. 222.39(b)(3) of this part. Upon receipt of a timely and proper 

petition, the Associate Administrator will provide the petitioner an 

opportunity to submit additional materials and to request an informal 

hearing. Upon review of the additional materials and completion of any 

hearing requested, the Associate Administrator shall issue a decision 

that will be administratively final.