[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR5.13]



[Page 50]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 5_RULEMAKING PROCEDURES--Table of Contents

 

            Subpart B_Petitions for Rulemaking or Exemptions

 

Sec. 5.13  Processing of petitions.



    (a) General. Each petition received under Sec. 5.11 of this part is 

referred to the head of the office responsible for the subject matter of 

that petition. No public hearing, argument, or other proceeding is held 

directly on a petition before its disposition under this section.

    (b) Grants. If the Secretary determines that the petition contains 

adequate justification, he initiates rulemaking action under subpart C 

of this part or grants the exemption, as the case may be.

    (c) Denials. If the Secretary determines that the petition does not 

justify initiating rule-making action or granting the exemption, he 

denies the petition.

    (d) Notification. Whenever the Secretary determines that a petition 

should be granted or denied, the office concerned and the Office of the 

General Counsel prepare a notice of that grant or denial for issuance to 

the petitioner, and the Secretary issues it to the petitioner.