49 CFR § 397.223 - Petition for reconsideration.

---
identifier: "/us/cfr/t49/s397.223"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 397.223 - Petition for reconsideration."
title_number: 49
title_name: "Transportation"
section_number: "397.223"
section_name: "Petition for reconsideration."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "397"
part_name: "TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES"
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. 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."
regulatory_source: "36 FR 4876, Mar. 13, 1971, unless otherwise noted."
cfr_part: "397"
---


# 397.223 Petition for reconsideration.

(a) Any person aggrieved by an order issued under § 397.211 or § 397.219 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 or § 397.219 becomes the final agency decision at the end of the 20 day period.