[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Rules and Regulations]
[Page 26002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12011]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 552, 554, 573, 576, and 577
[Docket No. 93-68; Notice 3]
RIN 2127-AD83
Petitions for Rulemaking, Defect and Noncompliance Orders;
Standards Enforcement and Defect Investigations; Defect and
Noncompliance Reports; Record Retention; and Defect and Noncompliance
Notification
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation.
ACTION: Response to petitions for extension of effective date of final
rule; denial of petitions for extension of time to petition for
reconsideration.
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SUMMARY: In this notice, the National Highway Traffic Safety
Administration (NHTSA) rescinds the May 5, 1995, effective date for
compliance with the final rule published in the Federal Register on
April 5, 1995 (60 FR 17254) and adopts a new effective date of July 7,
1995. The rescission of the effective date and adoption of a new
effective date applies to all sections of 49 CFR part 552, 554, 573,
576, and 577 that were amended by the final rule.
The agency is taking this action in response to petitions filed by
several manufacturers for suspension of the effective date of the final
rule. They have also filed petitions for reconsideration of various
provisions of the final rule, which are not addressed by this notice.
The agency also denies the petitions of Ford Motor Company to extend
the 30-day time period for filing petitions for reconsideration of the
final rule to June, and the petition of Chrysler Corporation to extend
the time for filing of petitions for reconsideration until July 10,
1995.
DATES: The final rule published in the Federal Register on April 5,
1995 (60 FR 17254) will become effective on July 7, 1995.
FOR FURTHER INFORMATION CONTACT: Jonathan D. White, Office of Defects
Investigation, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Room 5319, Washington, DC 20590; (202) 366-5227.
SUPPLEMENTARY INFORMATION: On April 5, 1995, the National Highway
Traffic Safety Administration (``NHTSA'') published in the Federal
Register a final rule amending several provisions of its regulations
that pertain to its enforcement of the provisions of Chapter 301 of
Title 49 of the United States Code, with respect to the statutory
obligations to provide notification and remedy without charge for motor
vehicles and items of motor vehicle equipment that have been determined
not to comply with a Federal motor vehicle safety standard or to
contain a defect related to motor vehicle safety. The final rule was to
be effective on May 5, 1995.
In the several days prior to the effective date of the final rule,
NHTSA received from several manufacturers (General Motors Corporation
(``GM''), Ford Motor Company (``Ford''), Chrysler Corporation
(``Chrysler'') and PACCAR, Inc. (``PACCAR'')) petitions for
reconsideration of various provisions of the final rule and to suspend
the effective date for 60 or 90 days (PACCAR and Chrysler,
respectively), or indefinitely (GM and Ford). As grounds for the
petitions for a delay in the effective date, the manufacturers assert
that compliance by the effective date is impossible, and that it will
take them periods ranging from two months to a year to bring themselves
into compliance.
While the agency does not believe that either an indefinite or 90-
day suspension of the effective date is appropriate or necessary, it
has decided to grant the petitions to suspend the effective date to the
extent of rescinding the original May 5 effective date and adopting a
new effective date of July 7, 1995.
The filing of petitions for reconsideration is not ordinarily
considered to be sufficient in itself to warrant postponing the
effective date of a final rule. However, the agency believes that in
the circumstances presented in this instance, the establishment of a
new effective date for this final rule is reasonable and appropriate.
The original effective date was May 5, 1995. The manufacturers have
presented NHTSA with information that makes a credible showing that
they are not capable of achieving compliance with at least some
provisions of the final rule by May 5, and that it will be some months
before they are able to do so. Moreover, in view of the short time
period between the filing of the petitions and the original effective
date, it is not feasible and specify merely the particular provisions
that appear to present the greatest difficulty.
To address this situation, the agency has decided that, rather than
grant the petitions by suspending the effective date indefinitely, it
will rescind the May 5, 1995, effective date of the entire final rule
and adopt a new effective date of July 7, 1995. If more time is needed
for particular provisions, the agency will take appropriate action
prior to that time.
The Agency is denying the petitions by Ford and Chrysler to extend
the 30-day time period for filing petitions for reconsideration of the
final rule. 49 CFR Sec. 553.35. It will, however, treat Ford's letter
of April 28, 1995, and Chrysler's letter of May 5, 1995, as petitions
for reconsideration.
The agency wishes to note that it does intend to give full and
careful consideration to the pending petitions for reconsideration of
the final rule. However, it cannot predict what its ultimate decision
will be on those petitions. While the petitions are under
consideration, it expects the manufacturers to continue to take the
steps necessary to bring themselves into compliance with all provisions
of final rule as expeditiously as possible.
For the foregoing reasons, the petitions to suspend the effective
date of the final rule are granted to the extent that the original
effective date is rescinded and a new effective date of July 7, 1995,
is adopted.
Issued on: May 8, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-12011 Filed 5-15-95; 8:45 am]
BILLING CODE 4910-59-M
