49 CFR § 216.23 - Consideration of recommendation.

---
identifier: "/us/cfr/t49/s216.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 216.23 - Consideration of recommendation."
title_number: 49
title_name: "Transportation"
section_number: "216.23"
section_name: "Consideration of recommendation."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "216"
part_name: "SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "41 FR 18657, May 6, 1976, unless otherwise noted."
cfr_part: "216"
---


# 216.23 Consideration of recommendation.

Upon receipt of a Notice of Track Conditions issued under § 216.21, the FRA Track and Structures Division Staff Director prepares a recommendation to the Administrator concerning the issuance of an Emergency order removing the affected track from service. In preparing this recommendation, the FRA Track and Structures Division Staff Director considers all written or other material bearing on the condition of the track received from the railroad within three (3) calendar days of the issuance of the Notice of Track Conditions and also considers the report of the FRA District Track Specialist.

[90 FR 28142, July 1, 2025]