[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Rules and Regulations]
[Pages 62221-62224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29394]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 553
RIN 2127-AG04
Rulemaking Procedures; Petitions for Reconsideration; Petitions
for Extension of Comment Period
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes two amendments to NHTSA's procedural rules.
The first amendment requires petitions for extension of the period for
submitting written comments on a notice such as a notice of proposed
rulemaking to be submitted at least 15 days before the closing date for
the comment period. Previously, petitions could be submitted up to 10
days before the closing date. This change will give NHTSA additional
time to process these petitions and thus ensure that, when a petition
is granted, the notice extending the comment period can be published
well before the original closing date.
The second amendment provides that the agency will accept petitions
for reconsideration of a final rule if they are received not more than
45 days after the publication of the final rule. Previously, petitions
for reconsideration had to be received not more than 30 days following
publication of a final rule. NHTSA believes that the extension is
warranted by the complexity of many of its final rules. The additional
time will allow interested parties to review the rules more effectively
and better prepare their petitions for reconsideration.
DATES: The amendments made in this rule are effective January 4, 1996.
FOR FURTHER INFORMATION CONTACT: Mary L. Versailles, Office of the
Chief Counsel, NCC-20, National Highway Traffic Safety Administration,
400 Seventh Street, SW, Washington, DC 20590. Telephone: (202) 366-
2992.
SUPPLEMENTARY INFORMATION: This notice makes two amendments to Part
553, Rulemaking Procedures, Title 49 of the Code of Federal Regulations
(CFR). Part 553 prescribes rulemaking procedures that apply to the
issuing, amending, and revoking of motor vehicle safety, damageability,
domestic content labeling, fuel economy, and theft rules pursuant to
the authorizing legislation formerly known as the National Traffic and
Motor Vehicle Safety Act of 1966 and the Motor Vehicle Information and
Cost Savings Act. The amendments change the requirements concerning the
deadlines for petitions for extension of comments period and for
petitions for reconsideration.
Petitions for Extension of Comment Period
Section 553.19 specifies procedures for petitions for extension of
the period for submitting written comments on a notice such as a notice
of proposed rulemaking. For some time, the procedures prescribed that
petitions for extension must be received by NHTSA not later than 10
days before the comment closing date stated in the notice.
In this final rule, NHTSA amends the procedures so that petitions
for extension of the time period must be received by NHTSA not later
than 15 days before the comment closing date. This amendment is
necessary to provide NHTSA additional time to process such petitions.
As stated in section 553.19, the filing of the petition does not
automatically extend the time deadline for petitioner's comments. With
the additional time, NHTSA will be able to more effectively consider
and process the petitions.
The longer interval between the petition deadline and the comment
closing date will make it easier for the agency to publish a Federal
Register document informing the public of the extension well before the
closing date. As has sometimes occurred under the previous 10-day
deadline, the notice of extension of the comment period is published
only a day or two before the initial scheduled closing date. The
lateness of the publication reduces the value of the extension for many
commenters. By two days before the initial comment closing date, most
commenters will already have prepared comments. For these reasons,
NHTSA amends the time period for accepting petitions for extension of
time to comment on rulemakings.
Petitions for Reconsideration
Section 553.35 establishes procedures for petitions of
reconsideration of a final rule. The procedures require that petitions
for extension must be received by NHTSA not later than 30 days after
publication of the rule in the Federal Register. Petitions received
after that deadline are treated as petitions for rulemaking.
In this final rule, NHTSA amends the procedures to provide 45 days
for the receipt of petitions for reconsideration. NHTSA believes that,
by providing the public additional time to review final rules,
particularly complicated ones, the
[[Page 62222]]
amendment will enable them to identify potential issues more thoroughly
and thus petition for reconsideration more effectively.
Effective Date
The amendments made in this final rule are effective 30 days after
publication in the Federal Register. If there is a document with an
open comment period on that date of publication, and there are 15 or
more days remaining in the comment period, the deadline for filing a
petition for extending the comment period is the 15th day before the
end of that comment period. If there are less than 15 days remaining,
the deadline for such a petition is the 10th day before the end of the
comment period. For any final rule published less than 30 days before
date of publication, the deadline for submitting petitions for
reconsideration will be extended 15 days.
Other Amendments
The agency is republishing the entirety of Part 553 to consolidate
the authority citations in one area. No other substantive amendments
have been made to Part 553.
NHTSA is not soliciting public comment on this amendment to part
553, since it is a rule of agency procedure, and an opportunity for
public comment is therefore not required under the Administrative
Procedure Act.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under the
Department of Transportation's regulatory policies and procedures. This
rulemaking document was not reviewed under E.O. 12866, ``Regulatory
Planning and Review.'' This action has been determined to be not
``significant'' under the Department of Transportation's regulatory
policies and procedures. This final rule merely makes a procedural
change, by amending the deadlines by which a petition for extension of
comment period and a petition for reconsideration must be received by
NHTSA. The final rule will have no effect on the substantive rights of
any public commenters or other interested parties. For these reasons,
NHTSA has determined that the effects of this rule are so minimal that
a full regulatory evaluation is not required.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this final rule under the
Regulatory Flexibility Act. For the reasons discussed above, I hereby
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), there are no requirements for information collection associated
with this final rule.
National Environmental Policy Act
NHTSA has also analyzed this final rule under the National
Environmental Policy Act and determined that it will not have a
significant impact on the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
will not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
Civil Justice Reform
This final rule does not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 553
Administrative practice and procedure.
In consideration of the foregoing, 49 CFR Part 553 is revised to
read as follows:
PART 553--RULEMAKING PROCEDURES
Subpart A--General
Sec.
553.1 Applicability.
553.3 Definitions.
553.5 Regulatory docket.
553.7 Records.
Subpart B--Procedures for Adoption of Rules
553.11 Initiation of rulemaking.
553.13 Notice of proposed rulemaking.
553.15 Contents of notices of proposed rulemaking.
553.17 Participation of interested persons.
553.19 Petitions for extension of time to comment.
553.21 Contents of written comments.
553.23 Consideration of comments received.
553.25 Additional rulemaking proceedings.
553.27 Hearings.
553.29 Adoption of final rules.
553.31-553.33 [Reserved]
553.35 Petitions for reconsideration.
553.37 Proceedings on petitions for reconsideration.
553.39 Effect of petition for reconsideration on time for seeking
judicial review.
Appendix to Part 553--Statement of Policy: Action on Petitions for
Reconsideration
Authority: 49 U.S.C. 322, 1657, 30101, et seq., 30301, et seq.,
30501, et seq., 32101, et seq., 32301, et seq., 32501, et seq.,
32701, et seq., 32901, et seq., and 33101, et seq.; delegation of
authority at 49 CFR 1.50.
Subpart A--General
Sec. 553.1 Applicability.
This part prescribes rulemaking procedures that apply to the
issuance, amendment, and revocation of rules pursuant to Title 49,
Subtitle VI of the United States Code (49 U.S.C. 30101, et seq.).
Sec. 553.3 Definitions.
Administrator means the Administrator of the National Highway
Traffic Safety Administration or a person to whom he has delegated
final authority in the matter concerned.
Rule includes any order, regulation, or Federal motor vehicle
safety standard issued under Title 49.
Title 49 means 49 U.S.C. 30101, et seq.
Sec. 553.5 Regulatory docket.
(a) Information and data deemed relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rulemaking proceedings under
Sec. 553.25; and final rules are maintained in the Docket Room,
National Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington, DC 20590.
(b) Any person may examine any docketed material at the Docket Room
at any time during regular business hours after the docket is
established, except material ordered withheld from the
[[Page 62223]]
public under applicable provisions of Title 49 and section 552(b) of
title 5 of the U.S.C., and may obtain a copy of it upon payment of a
fee.
Sec. 553.7 Records.
Records of the National Highway Traffic Safety Administration
relating to rulemaking proceedings are available for inspection as
provided in section 552(b) of title 5 of the U.S.C. and Part 7 of the
regulations of the Secretary of Transportation (Part 7 of this title).
Subpart B--Procedures for Adoption of Rules
Sec. 553.11 Initiation of rulemaking.
The Administrator may initiate rulemaking either on his own motion
or on petition by any interested person after a determination in
accordance with Part 552 of this title that grant of the petition is
advisable. The Administrator may, in his discretion, also consider the
recommendations of other agencies of the United States.
Sec. 553.13 Notice of proposed rulemaking.
Unless the Administrator, for good cause, finds that notice is
impracticable, unnecessary, or contrary to the public interest, and
incorporates that finding and a brief statement of the reasons for it
in the rule, a notice of proposed rulemaking is issued and interested
persons are invited to participate in the rulemaking proceedings under
applicable provisions of Title 49.
Sec. 553.15 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or
personally served, includes
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed rule;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceedings.
Sec. 3.17 Participation of interested persons.
(a) Any interested person may participate in rulemaking proceeding
by submitting comments in writing containing information, views or
arguments.
(b) In his discretion, the Administrator may invite any interested
person to participate in the rulemaking procedures described in
Sec. 553.25.
Sec. 553.19 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than 15 days before expiration of the time stated in
the notice. The petitions must be submitted to: Administrator, National
Highway Traffic Safety Administration, U.S. Department of
Transportation, 400 Seventh Street SW, Washington, DC, 20590. It is
requested, but not required, that 10 copies be submitted. The filing of
the petition does not automatically extend the time for petitioner's
comments. Such a petition is granted only if the petitioner shows good
cause for the extension, and if the extension is consistent with the
public interest. If an extension is granted, it is granted to all
persons, and it is published in the Federal Register.
Sec. 553.21 Contents of written comments.
All written comments shall be in English. Unless otherwise
specified in a notice requesting comments, comments may not exceed 15
pages in length, but necessary attachments may be appended to the
submission without regard to the 15-page limit. Any interested person
shall submit as a part of his written comments all material that he
considers relevant to any statement of fact made by him. Incorporation
by reference should be avoided. However, if incorporation by reference
is necessary, the incorporated material shall be identified with
respect to document and page. It is requested, but not required, that
10 copies and attachments, if any, be submitted.
Sec. 553.23 Consideration of comments received.
All timely comments are considered before final action is taken on
a rulemaking proposal. Late filed comments may be considered as far as
practicable.
Sec. 553.25 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings
that he finds necessary or desirable. For example, interested persons
may be invited to make oral arguments, to participate in conferences
between the Administrator or his representative and interested persons
at which minutes of the conference are kept, to appear at informal
hearings presided over by officials designated by the Administrator, at
which a transcript or minutes are kept, or participate in any other
proceeding to assure informed administrative action and to protect the
public interest.
Sec. 553.27 Hearings.
(a) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, nonadversary, fact-finding
proceedings, at which there are no formal pleadings or adverse parties.
Any rule issued in a case in which an informal hearing is held is not
necessarily based exclusively on the record of the hearing.
(b) The Administrator designates a representative to conduct any
hearing held under this part. The Chief Counsel designates a member of
his staff to serve as legal officer at the hearing.
Sec. 553.29 Adoption of final rules.
Final rules are prepared by representatives of the office concerned
and the Office of the Chief Counsel. The rule is then submitted to the
Administrator for its consideration. If the Administrator adopts the
rule, it is published in the Federal Register, unless all persons
subject to it are named and are personally served with a copy of it.
Sec. 553.31-553.33 [Reserved]
Sec. 553.35 Petitions for reconsideration.
(a) Any interested person may petition the Administrator for
reconsideration of any rule issued under this part. The petition shall
be submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC, 20590. It is
requested, but not required, that 10 copies be submitted. The petition
must be received not later than 45 days after publication of the rule
in the Federal Register. Petitions filed after that time will be
considered as petitions filed under Part 552 of this chapter. The
petition must contain a brief statement of the complaint and an
explanation as to why compliance with the rule is not practicable, is
unreasonable, or is not in the public interest. Unless otherwise
specified in the final rule, the statement and explanation together may
not exceed 15 pages in length, but necessary attachments may be
appended to the submission without regard to the 15-page limit.
(b) If the petitioner requests the consideration of additional
facts, he must state the reason they were not
[[Page 62224]]
presented to the Administrator within the prescribed time.
(c) The Administrator does not consider repetitious petitions.
(d) Unless the Administrator otherwise provides, the filing of a
petition under this section does not stay the effectiveness of the
rule.
Sec. 553.37 Proceedings on petitions for reconsideration.
The Administrator may grant or deny, in whole or in part, any
petition for reconsideration without further proceedings. In the event
he determines to reconsider any rule, he may issue a final decision on
reconsideration without further proceedings, or he may provide such
opportunity to submit comment or information and data as he deems
appropriate. Whenever the Administrator determines that a petition
should be granted or denied, he prepares a notice of the grant or
denial of a petition for reconsideration, for issuance to the
petitioner, and issues it to the petitioner. The Administrator may
consolidate petitions relating to the same rule.
Sec. 553.39 Effect of petition for reconsideration on time for seeking
judicial review.
The filing of a timely petition for reconsideration of any rule
issued under this part postpones the expiration of the 60-day period in
which to seek judicial review of that rule, as to every person
adversely affected by the rule. Such a person may file a petition for
judicial review at any time from the issuance of the rule in question
until 60 days after publication in the Federal Register of the
Administrator's disposition of any timely petitions for
reconsideration.
Appendix to Part 553--Statement of Policy: Action on Petitions for
Reconsideration
It is the policy of the National Highway Traffic Safety
Administration to issue notice of the action taken on a petition for
reconsideration within 90 days after the closing date for receipt of
such petitions, unless it is found impracticable to take action
within that time. In cases where it is so found and the delay beyond
that period is expected to be substantial, notice of that fact, and
the date by which it is expected that action will be taken, will be
published in the Federal Register.
Issued on: November 28, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-29394 Filed 12-4-95; 8:45 am]
BILLING CODE 4910-59-P
