[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.223]

[Page 34-35]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart C_Preemption
 
Sec.  107.223  Petition for reconsideration.

    (a) Any person aggrieved by a determination under Sec.  107.221 may 
file a petition for reconsideration. The petition must be filed with the 
Chief Counsel, in the same manner specified for filing an application in 
Sec.  107.215(b), within 20 days of publication of the determination in 
the Federal Register.
    (b) The petition must contain a concise statement of the basis for 
seeking review, including any specific factual or legal error alleged. 
If the petition requests consideration of information that was not 
previously made available to the Chief Counsel, the petition must 
include the reasons why such information was not previously made 
available.
    (c) The petitioner shall mail a copy of the petition to each person 
who participated, either as an applicant or commenter, in the waiver of 
preemption proceeding, accompanied by a statement that the person may 
submit comments concerning the petition to the Chief Counsel within 20 
days. The petition filed with the Chief Counsel 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

[[Page 35]]

of the petition was sent. Late-filed comments are considered so far as 
practicable.
    (d) The Chief Counsel will publish the decision on the petition for 
reconsideration or notice of the decision in the Federal Register, at 
which time the decision on the petition for reconsideration becomes a 
final agency action.

[Amdt. 107-25, 57 FR 20429, May 13, 1992, as amended by Amdt. 107-38, 61 
FR 21099, May 9, 1996; 71 FR 30068, May 25, 2006]