Ask X3What does 49 CFR 397.223 (Petition for reconsideration) require?
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Based on 49 CFR 397.223, if you are aggrieved by an order issued under § 397.211 or § 397.219, you can file a petition for reconsideration with the Administrator.
Here are the specific, practical requirements you must follow:
* Deadline: You must file the petition within 20 days of service of the determination or order.
* Content: The petition must include a concise statement explaining the basis for your request. This must point out specific factual or legal errors, or provide material information that was not previously available.
* Service to Participants: You must mail a copy of the petition to every person who participated in the waiver of preemption proceeding (either as an applicant or regarding routing).
* Comment Notice: Along with the mailed copy, you must include a statement letting those participants know they have 20 days to submit comments on the petition to the Administrator.
* Certification: The petition you file with the Administrator must include a certification that you mailed copies to all required participants, along with the names and addresses of everyone you sent a copy to.