---
kind: "section"
citation: "49 C.F.R. § 397.223"
title: "49"
number: "397.223"
heading: "Petition for reconsideration."
url: "https://uscodex.org/cfr/49/397.223"
---

# §397.223. Petition for reconsideration.

- (a) Any person aggrieved by an order issued under [§ 397.211](/cfr/49/397.211.md) or [§ 397.219](/cfr/49/397.219.md) 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](/cfr/49/397.211.md) or [§ 397.219](/cfr/49/397.219.md) becomes the final agency decision at the end of the 20 day period.

## Notes

### Source

Source: 57 FR 44132, Sept. 24, 1992, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125.

### Source

Source: 36 FR 4876, Mar. 13, 1971, unless otherwise noted.