49 C.F.R. § 5.13   Processing of petitions.


Title 49 - Transportation


Title 49: Transportation
PART 5—RULEMAKING PROCEDURES
Subpart B—Petitions for Rulemaking or Exemptions

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§ 5.13   Processing of petitions.

(a) General. Each petition received under §5.11 of this part is referred to the head of the office responsible for the subject matter of that petition. No public hearing, argument, or other proceeding is held directly on a petition before its disposition under this section.

(b) Grants. If the Secretary determines that the petition contains adequate justification, he initiates rulemaking action under subpart C of this part or grants the exemption, as the case may be.

(c) Denials. If the Secretary determines that the petition does not justify initiating rule-making action or granting the exemption, he denies the petition.

(d) Notification. Whenever the Secretary determines that a petition should be granted or denied, the office concerned and the Office of the General Counsel prepare a notice of that grant or denial for issuance to the petitioner, and the Secretary issues it to the petitioner.

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