DOT 49 CFR PART 553-2010 RULEMAKING PROCEDURES.pdf

1、159 Natl Highway Traffic Safety Admin., DOT 553.5 any such deficiency within 30 days after receipt of the petition. (b) At any time during the agencys consideration of a petition submitted under this part, the Administrator may request the petitioner to provide addi-tional supporting information and

2、 data and/or provide a demonstration of any of the requested test procedures. The agency will seek to make any such re-quest within 60 days after receipt of the petition. Such demonstration may be at either an agency designated facil-ity or one chosen by the petitioner, provided that, in either case

3、, the facil-ity shall be located in North America. If such a request is not honored to the satisfaction of the agency, the petition will not receive further consideration until the requested information is sub-mitted. (c) The agency will publish in the FEDERAL REGISTER either a Notice of Proposed Ru

4、lemaking proposing adop-tion of the requested test procedures, possibly with changes and/or additions, or a notice denying the petition. The agency will seek to issue either notice within 120 days after receipt of a com-plete petition. However, this time pe-riod may be extended by any time pe-riod d

5、uring which the agency is await-ing additional information it requests from the petitioner or is awaiting a re-quested demonstration. The agency contemplates a 30 to 60 day comment period for any Notice of Proposed Rule-making, and will endeavor to issue a final rule within 60 days thereafter. PART

6、553RULEMAKING PROCEDURES Subpart AGeneral Sec. 553.1 Applicability. 553.3 Definitions. 553.5 Regulatory docket. 553.7 Records. Subpart BProcedures for Adoption of Rules 553.11 Initiation of rulemaking. 553.13 Notice of proposed rulemaking. 553.15 Contents of notices of proposed rule-making. 553.17 P

7、articipation 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. 553.31553.33 Reserved 553.35 Petitions for

8、 reconsideration. 553.37 Proceedings on petitions for reconsid-eration. 553.39 Effect of petition for reconsideration on time for seeking judicial review. APPENDIX A TO PART 553STATEMENT OF POLICY: ACTION ON PETITIONS FOR RECON-SIDERATION APPENDIX B TO PART 553STATEMENT OF POL-ICY: RULEMAKINGS INVOL

9、VING THE ASSESS-MENT OF THE FUNCTIONAL EQUIVALENCE OF SAFETY STANDARDS APPENDIX C TO PART 553STATEMENT OF POL-ICY: IMPLEMENTATION OF THE UNITED NA-TIONS/ECONOMIC COMMISSION FOR EUROPE (UN/ECE) 1998 AGREEMENT ON GLOBAL TECHNICAL REGULATIONSAGENCY POLICY GOALS AND PUBLIC PARTICIPATION AUTHORITY: 49 U.

10、S.C. 322, 1657, 30103, 30122, 30124, 30125, 30127, 30146, 30162, 32303, 32502, 32504, 32505, 32705, 32901, 32902, 33102, 33103, and 33107; delegation of authority at 49 CFR 1.50. SOURCE: 60 FR 62222, Dec. 5, 1995, unless otherwise noted. Subpart AGeneral 553.1 Applicability. This part prescribes rul

11、emaking pro-cedures 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.). 553.3 Definitions. Administrator means the Adminis-trator of the National Highway Traffic Safety Administration or a person to wh

12、om he has delegated final authority in the matter concerned. Rule includes any order, regulation, or Federal motor vehicle safety stand-ard issued under Title 49. Title 49 means 49 U.S.C. 30101, et seq. 553.5 Regulatory docket. (a) Information and data deemed rel-evant by the Administrator relating

13、to rulemaking actions, including notices of proposed rulemaking; comments re-ceived in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking and VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 22021

14、7jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-160 49 CFR Ch. V (10110 Edition) 553.7 reconsideration; records of additional rulemaking proceedings under 553.25; and final rules are maintained in the Docket Room, N

15、ational Highway Traf-fic 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 public under applicab

16、le 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. 553.7 Records. Records of the National Highway Traffic Safety Administration relating to rulemaking proceedings are avail-able for inspection as provided in sec-tion 552(b) of ti

17、tle 5 of the U.S.C. and part 7 of the regulations of the Sec-retary of Transportation (part 7 of this title). Subpart BProcedures for Adoption of Rules 553.11 Initiation of rulemaking. The Administrator may initiate rule-making either on his own motion or on petition by any interested person after a

18、 determination in accordance with Part 552 of this title that grant of the petition is advisable. The Adminis-trator may, in his discretion, also con-sider the recommendations of other agencies of the United States. 553.13 Notice of proposed rule-making. Unless the Administrator, for good cause, fin

19、ds that notice is impracti-cable, 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 in-terested persons are invited to partici-pate in the rulemaking proceedings under

20、applicable provisions of Title 49. 553.15 Contents of notices of pro-posed rulemaking. (a) Each notice of proposed rule-making 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 FEDER

21、AL 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 sta

22、tement of the time within which written comments must be sub-mitted; and (5) A statement of how and to what extent interested persons may partici-pate in the proceedings. 553.17 Participation of interested persons. (a) Any interested person may par-ticipate in rulemaking proceeding by submitting com

23、ments in writing con-taining information, views or argu-ments. (b) In his discretion, the Adminis-trator may invite any interested per-son to participate in the rulemaking procedures described in 553.25. 553.19 Petitions for extension of time to comment. A petition for extension of the time to submi

24、t comments must be received not later than 15 days before expiration of the time stated in the notice. The petitions must be submitted to: Admin-istrator, National Highway Traffic Safety Administration, U.S. Depart-ment of Transportation, 400 Seventh Street SW, Washington, DC, 20590. It is requested

25、, but not required, that 10 copies be submitted. The filing of the petition does not automatically extend the time for petitioners comments. Such a petition is granted only if the petitioner shows good cause for the ex-tension, and if the extension is con-sistent with the public interest. If an exte

26、nsion is granted, it is granted to all persons, and it is published in the FEDERAL REGISTER. 553.21 Contents of written comments. All written comments shall be in English. Unless otherwise specified in a VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:SGML220217

27、.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-161 Natl Highway Traffic Safety Admin., DOT 553.37 notice requesting comments, com-ments may not exceed 15 pages in length, but necessary attachments may be

28、appended to the submission without regard to the 15-page limit. Any inter-ested 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

29、nec-essary, the incorporated material shall be identified with respect to document and page. It is requested, but not re-quired, that 10 copies and attachments, if any, be submitted. 553.23 Consideration of comments re-ceived. All timely comments are considered before final action is taken on a rule

30、-making proposal. Late filed comments may be considered as far as prac-ticable. 553.25 Additional rulemaking pro-ceedings. The Administrator may initiate any further rulemaking proceedings that he finds necessary or desirable. For exam-ple, interested persons may be invited to make oral arguments, t

31、o participate in conferences between the Adminis-trator or his representative and inter-ested persons at which minutes of the conference are kept, to appear at infor-mal hearings presided over by officials designated by the Administrator, at which a transcript or minutes are kept, or participate in

32、any other proceeding to assure informed administrative ac-tion and to protect the public interest. 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, non-adve

33、rsary, 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 exclu-sively on the record of the hearing. (b) The Administrator designates a representative to conduct any hearing held

34、 under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the hearing. 553.29 Adoption of final rules. Final rules are prepared by rep-resentatives of the office concerned and the Office of the Chief Counsel. The rule is then submitted to the Adminis-trator fo

35、r its consideration. If the Ad-ministrator adopts the rule, it is pub-lished in the FEDERAL REGISTER, unless all persons subject to it are named and are personally served with a copy of it. 553.31553.33 Reserved 553.35 Petitions for reconsideration. (a) Any interested person may peti-tion the Admini

36、strator for reconsider-ation of any rule issued under this part. The petition shall be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Sev-enth Street, SW, Washington, DC, 20590. It is requested, but not required, that 10 copies be submitted. The peti-tion must be re

37、ceived 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 rul

38、e is not practicable, is un-reasonable, or is not in the public in-terest. Unless otherwise specified in the final rule, the statement and expla-nation together may not exceed 15 pages in length, but necessary attach-ments may be appended to the submis-sion without regard to the 15-page limit. (b) I

39、f the petitioner requests the con-sideration of additional facts, he must state the reason they were not pre-sented to the Administrator within the prescribed time. (c) The Administrator does not con-sider repetitious petitions. (d) Unless the Administrator other-wise provides, the filing of a petit

40、ion under this section does not stay the ef-fectiveness of the rule. 553.37 Proceedings on petitions for reconsideration. The Administrator may grant or deny, in whole or in part, any petition VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217

41、jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-162 49 CFR Ch. V (10110 Edition) 553.39 for reconsideration without further proceedings. In the event he deter-mines to reconsider any rule, he may issue a final decisi

42、on on reconsider-ation without further proceedings, or he may provide such opportunity to submit comment or information and data as he deems appropriate. When-ever the Administrator determines that a petition should be granted or de-nied, he prepares a notice of the grant or denial of a petition for

43、 reconsider-ation, for issuance to the petitioner, and issues it to the petitioner. The Ad-ministrator may consolidate petitions relating to the same rule. 553.39 Effect of petition for reconsid-eration on time for seeking judicial review. The filing of a timely petition for re-consideration of any

44、rule issued under this part postpones the expiration of the statutory period in which to seek judicial review of that rule only as to the petitioner, and not as to other in-terested persons. For the petitioner, the period for seeking judicial review will commence at the time the agency takes final a

45、ction upon the petition for reconsideration. 60 FR 63651, Dec. 12, 1995 APPENDIX A TO PART 553STATEMENT OF POLICY: ACTION ON PETITIONS FOR RECONSIDERATION It is the policy of the National Highway Traffic Safety Administration to issue no-tice of the action taken on a petition for re-consideration wi

46、thin 90 days after the clos-ing 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 ex-pected to be substantial, notice of that fact, and the date by which it is expected that ac-tion

47、will be taken, will be published in the FEDERAL REGISTER. APPENDIX B TO PART 553STATEMENT OF POLICY: RULEMAKINGS INVOLVING THE ASSESSMENT OF THE FUNC-TIONAL EQUIVALENCE OF SAFETY STANDARDS (a) Based on a comparison of the perform-ance of vehicles or equipment, the National Highway Traffic Safety Adm

48、inistration (NHTSA) may tentatively determine that a foreign motor vehicle safety standard is bet-ter than or at least functionally equivalent to a Federal Motor Vehicle Safety Standard (FMVSS), either on its own motion or in connection with a petition for rulemaking by any interested party under 49

49、 CFR Part 552. Such determinations will be made in accord-ance with the process described in the flow-chart in Figure 1 of this Appendix. (b) Under the process, if NHTSA decides that there is reason to believe that a foreign standard is better than or at least function-ally equivalent to a FMVSS in accordance with the process, it will commence a rule-making proceeding that may lead to the issuance of a proposal to add the foreign