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  • § 397.1
    Application of the rules in this part.
  • § 397.2
    Compliance with Federal motor carrier safety regulations.
  • § 397.3
    State and local laws, ordinances, and regulations.
  • § 397.5
    Attendance and surveillance of motor vehicles.
  • § 397.7
    Parking.
  • § 397.9
  • § 397.11
    Fires.
  • § 397.13
    Smoking.
  • § 397.15
    Fueling.
  • § 397.17
    Tires.
  • § 397.19
    Instructions and documents.
  • § 397.61
    Purpose and scope.
  • § 397.63
    Applicability.
  • § 397.65
    Definitions.
  • § 397.67
    Motor carrier responsibility for routing.
  • § 397.69
    Highway routing designations; preemption.
  • § 397.71
    Federal standards.
  • § 397.73
    Public information and reporting requirements.
  • § 397.75
    Dispute resolution.
  • § 397.77
    Judicial review of dispute decision.
  • § 397.101
    Requirements for motor carriers and drivers.
  • § 397.103
    Requirements for State routing designations.
  • § 397.201
    Purpose and scope of the procedures.
  • § 397.203
    Standards for determining preemption.
  • § 397.205
    Preemption application.
  • § 397.207
    Preemption notice.
  • § 397.209
    Preemption processing.
  • § 397.211
    Preemption determination.
  • § 397.213
    Waiver of preemption application.
  • § 397.215
    Waiver notice.
  • § 397.217
    Waiver processing.
  • § 397.219
    Waiver determination and order.
  • § 397.221
    Timeliness.
  • § 397.223
    Petition for reconsideration.
  • § 397.225
    Judicial review.

Part 397
TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES

§ 397.223: Petition for reconsideration.

(a) Any person aggrieved by an order issued under § 397.211 or § 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 § 397.211 or § 397.219 becomes the final agency decision at the end of the 20 day period.


Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.