§ 107.223 Petition for reconsideration.
发布08-07
生效09-08
摘要总结AI 辅助解读
该条款规定了针对美国交通部（DOT）关于危险品运输豁免预emption（waiver of preemption）决定提出复议申请的程序。任何受不利决定影响的当事人，须在决定于《联邦公报》公布后20天内向首席法律顾问提交复议请愿书。请愿书需简明陈述事实或法律错误依据，并须将副本邮寄给原程序中所有参与方，同时附上合规证明。最终决定将在《联邦公报》公布时成为机构最终行政行为。
- (a) Any person aggrieved by a determination under § 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 § 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 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]