[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]



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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.

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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