[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.57]

[Page 300-301]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS--Table 
 
         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

[[Page 301]]

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 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.