What does 49 CFR 107.123 (Reconsideration) require?
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Short answer
To request reconsideration under 49 CFR 107.123, an applicant or special permit holder must submit a written request within 20 days of receipt of the decision, stating alleged errors of fact and law, enclosing additional information, and specifying the modification sought.
The rule says
"The request must— (1) Be in writing or by electronic means and filed within 20 days of receipt of the decision; (2) State in detail any alleged errors of fact and law; (3) Enclose any additional information needed to support the request to reconsider; and (4) State in detail the modification of the final decision sought." (49 CFR 107.123(a))
In plain English
When a decision is made under sections 107.113(g), 107.117(e), or 107.121(c), the affected party has 20 days to ask for reconsideration. This request must be detailed, including what the party thinks was decided wrongly and what they want the final decision to be instead. The Associate Administrator then decides whether to grant or deny the request, and may make the decision effective immediately if necessary to prevent harm.
What to do
- File a written or electronic request for reconsideration within 20 days of receiving the decision.
- State the alleged errors of fact and law in detail.
- Enclose any additional information that supports the request to reconsider.
- Specify the modification of the final decision being sought.
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