[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR397.223]



[Page 487]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents

 

                     Subpart E_Preemption Procedures

 

Sec.  397.223  Petition for reconsideration.



    (a) Any person aggrieved by an order issued under Sec.  397.211 or 

Sec.  397.219 may file a petition for reconsideration with the 

Administrator. The petition must be filed within 20 days of service of 

the determination or order issued under the above sections.

    (b) The petition must contain a concise statement of the basis for 

seeking reconsideration, including any specific factual or legal errors, 

or material information not previously available.

    (c) The petitioner shall mail a copy of the petition to each person 

who participated, either as an applicant or routing, in the waiver of 

preemption proceeding, accompanied by a statement that the person may 

submit comments concerning the petition to the Administrator within 20 

days. The petition filed with the 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.

    (d) The Administrator's decision under this section constitutes the 

final agency decision. If no petition for reconsideration is filed under 

this section, then the determination issued under Sec.  397.211 or Sec.  

397.219 becomes the final agency decision at the end of the 20 day 

period.