49 C.F.R. § 1115.3

Board actions other than initial decisions

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(a) A discretionary appeal of an entire Board action is permitted. Such an appeal should be designated a “petition for reconsideration.”

(b) The petition will be granted only upon a showing of one or more of the following points:

(1) The prior action will be affected materially because of new evidence or changed circumstances.

(2) The prior action involves material error.

(c) The petition must state in detail the nature of and reasons for the relief requested. When, in a petition filed under this section, a party seeks an opportunity to introduce evidence, the evidence must be stated briefly and must not appear to be cumulative, and an explanation must be given why it was not previously adduced.

(d) The petition and any reply must not exceed 20 pages in length. A separate preface and summary of argument, not exceeding 3 pages, may accompany petitions and replies and must accompany those that exceed 10 pages in length.

(e) Petitions must be filed within 20 days after the service of the action or within any further period (not to exceed 20 days) as the Board may authorize. However, in cases seeking expedited relief for service emergencies under the accelerated process at 49 CFR 1146.2, petitions must be filed within 5 days after the service of the action, and replies to petitions must be filed within 10 days after the service of the action.

(f) The filing of a petition will not automatically stay the effect of a prior action, but the Board may stay the effect of the action on its own motion or on petition. A petition to stay may be filed in advance of the petition for reconsideration and shall be filed within 10 days of service of the action. No reply need be filed. However, if a party elects to file a reply, it must reach the Board no later than 16 days after service of the action. In all proceedings, the action, if not stayed, will become effective 30 days after it is served, unless the Board provides for the action to become effective at a different date. On the day the action is served parties may initiate judicial review.

[61 FR 52714, Oct. 8, 1996, as amended at 61 FR 58491, Nov. 15, 1996; 88 FR 320, Jan. 4, 2023; 89 FR 4578, Jan. 24, 2024; 90 FR 24080, June 6, 2025]

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1984–2025 · leading case: Interstate Commerce Commission v. Brotherhood of Locomotive Engineers

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Interstate Commerce Commission v. Brotherhood of Locomotive Engineers (1987) scotus · cites it 8× “Within the period prescribed by Commission rules for filing petitions for administrative review, see 49 CFR § 1115.3 (e) (1986), both BLE and UTU sought "reconsideration" of the Commission's denial.”

Rosler v. Derwinski (1991) cavc “49 C.F.R. § 1115.3 (e) (1986) (seeming to restrict period for filing petition for reconsideration when grounds are essentially the same as could be used for petition for reopening).”

Alaska Survival v. Surface Transportation Board (2013) ca9 “§ 722 (c)(d) (stating that parties may petition to reopen and reconsider an STB action or seek judicial review); 49 C.F.R. § 1115.3 (same); see also 5 U.S.”

Snohomish County, Washington v. STB (2020) cadc · cites it 2× “487; see also 49 C.F.R. § 1115.3 (b) (permitting a petition for reconsideration on the ground of “material error”).”

Kevin Jost,petitioners v. Surface Transportation Board and United States of America, Central Kansas Railway, Limited Lia (1999) cadc “See 49 C.F.R. §§ 1115.3 , 1115.4. Accordingly, we will review the Board’s decision not to reopen the proceeding under the familiar arbitrary and capricious standard.”

Janet Fritsch v. Interstate Commerce Commission and United States of America, Monroe County, a Legal Subdivision of the (1995) cadc “Under 49 C.F.R. § 1115.3 (e), a party has twenty days from the service date of a decision to seek reconsideration.”

M.M. Winter v. Interstate Commerce Commission and United States of America (1988) ca8 “§ 10327 (g)(1); 49 C.F.R. § 1115.3 (1987). The Commission denied the unions’ subsequent request for a stay.”

M.M. Winter v. Interstate Commerce Commission and United States of America, Burlington Northern Railroad Company, Interv (1987) ca8 “49 C.F.R. § 1115.3 (b). It found that BN had complied with the regulatory requirements and had properly abandoned the Hutchinson line.”

Town of Springfield v. Surface Transportation Board (2005) cadc “To state the matter differently, the municipalities cannot show&emdash;-as they must&emdash;'that the resolution or the letters materially affected the Board’s disposition.”

Advance Transportation Company v. United States of America and Interstate Commerce Commission (1989) ca7 “We, in no way, mean to discourage resort to discretionary agency review available pursuant to 49 CFR § 1115.3 (1986). A party petitioning an agency for reconsideration of the agency's original order will not lose the right to appeal the original order: the petition for…”

Schneider National, Inc. v. Interstate Commerce Commission (1991) ca7 · cites it 3× “Schneider did not appeal the ICC’s revocation order within 20 days of service; thus, the order became final as of the date that the ICC served the order to Schneider.”

United Transportation Union v. Interstate Commerce Commission (1989) cadc “On June 7, 1988, UTU petitioned the Commission for an administrative stay of the proceeding and, pursuant to 49 C.F.R. § 1115.3 (a), either administrative reconsideration of the Purchase Decision or review of the May 2, 1988 arbitral award.”

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