Interpretation ID: nht75-3.17

DATE: 05/01/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson;; NHTSA

TO: University of Maryland School of Law

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 18, 1975, to Mr. Carter of this agency. You ask questions concerning publication of notices in the Federal Register concerning temporary exemptions from the Federal motor vehicle safety standards. For convenience I will number your questions, then answer them.

1. "Do you known why Congress has required this form of publication and what purpose it serves?"

The current exemption authority is the second provided the agency by Congress. Our initial authority (P.L. 90-283), in effect from April 10, 1968, to April 10, 1971, did not require publication of notices. There is no legislative history explaining why it was included in 1972. However, the new authority is broader in scope, containing additional bases for exemption, and is now a permanent rather than a temporary part of the National Traffic and Motor Vehicle Safety Act of 1966. In the last few years there has been a legislative trend towards affording the general public greater opportunity to participate in all rulemaking decisions that may affect their safety and welfare. It is my guess that this requirement is part of that trend. It also, in my view, has the beneficial and possibly intended effect of insuring greater accountability on the part of the decision makers.

2. "Does NHTSA give notice of receipt of petitions to businesses, or groups in any other fashion than through publication of notices in the Federal Register?"

NHTSA does not issue press releases or otherwise give notice of receipt of these petitions. Trade publications such as Automotive News and services such as Consumer Product Safety Guide (CCH) generally do reference them.

3. "Does NHTSA receive many comments on the petitions or requests for informal appearances under 49 CFR 555.7(c)?"

The petitions generally create little public interest, and we average one or two comments per petition. Many are not commented on at all. The petitions and comments are available for examination in Room 5108 of 400 Seventh Street, S.W., during business hours if you would like to see them. The NHTSA rarely receives a "written request" from a manufacturer pursuant to 555.7(c) to discuss a petition or action taken in response to one. If a manufacturer wishes to meet with us before or at the time of filing a petition, we are willing to do so. These meetings are limited to insuring that the procedural requirements of Part 555 are met and that the petitions contain the necessary information. Arrangements are made by telephone. I do not think we have ever had such a written request from a person other than a manufacturer.

4. "Are the comments or requests in response to some other notice-giving device?" No.

5. "Are the comments or requests generally from the same persons or groups?"

Generally no. Public interest groups commented on the initial petitions in 1973 but have not done so since then. Electric vehicle manufacturers usually support each other's petitions. In 1975 we have published to date 12 petitions by truck, bus and trailer manufacturers seeking exemption from Motor Vehicle Safety Standard No. 121, Air Brake Systems, and these have been opposed by one or more competitors who meet the standard.

If you have any further questions, we shall be happy to answer them.

YOURS TRULY,

UNIVERSITY OF MARYLAND SCHOOL OF LAW

March 18, 1975

Robert L. Carter Associate Administrator for Motor Vehicle Program National Highway Traffic Safety Administration

I have been retained as a consultant by the Administrative Conference of the United States to conduct a study on the use of the Federal Register to give notice to interested persons of governmental actions and proposals. I hope you will supply me with some information for assisting in my project.

The Motor Vehicle Safety Act Amendments of 1972, 15 U.S.C. 1410, requires NHTSA to publish in the Federal Register notices of decisions granting exemptions from safety standards and the reasons therefore. I note that in accordance with 49 C.F.R. 555.7 (a), NHTSA also publishes in the Federal Register notices of the receipt of petitions for exemptions and invites comments from interested persons. Do you know why Congress has required this form of publication and what purpose it serves? Does NHSTA give notice of the receipt of petitions to potentially interested persons, businesses or groups in any other fashion than through publication of notices in the Federal Register? Does NHTSA receive many comments on the petitions or requests for informal appearances under 49 C.F.R. 555.7(c)? Are the comments or requests in response to some other notice-giving device? Are the comments or requests received generally from the same persons or groups?

I would very much appreciate your assistance or that of your legal staff in this matter. If you would prefer to discuss these questions with me on the telephone, please feel free to call me at (301) 528-7969.

Edward A. Tomlinson Professor of Law