What does 49 CFR 107.211 (Petition for reconsideration) require?

Short answer

49 CFR 107.211 requires a petition for reconsideration to be filed with the Chief Counsel within 20 days of publication of the determination in the Federal Register. The petition must contain a concise statement of the basis for seeking review, including any specific factual or legal error alleged.

The rule says

"The petition must be filed with the Chief Counsel, in the same manner specified for filing an application in § 107.203(b), within 20 days of publication of the determination in the Federal Register." (49 CFR 107.211(a))

"The petition must contain a concise statement of the basis for seeking review, including any specific factual or legal error alleged." (49 CFR 107.211(b))

In plain English

This rule provides a process for individuals or companies to challenge a determination made by the agency. The petition for reconsideration must be filed in a timely manner, within 20 days of the determination's publication in the Federal Register. The petition should clearly state the reasons for seeking review, including any errors or omissions in the determination. This process allows for a review of the agency's decision and provides an opportunity for correction of any mistakes.

What to do

• File a petition for reconsideration with the Chief Counsel within 20 days of publication of the determination in the Federal Register.
• Ensure the petition contains a concise statement of the basis for seeking review, including any specific factual or legal error alleged.
• Mail a copy of the petition to each person who participated in the preemption determination proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Chief Counsel within 20 days.