C.F.R. » Title 49 » CHAPTER V—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 552—PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS › Subpart A—General

49 C.F.R. § 552.8

Notification of agency action on the petition

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After considering the technical review conducted under § 552.6, and taking into account appropriate factors, which may include, among others, allocation of agency resources, agency priorities and the likelihood of success in litigation which might arise from the order, the Administrator will grant or deny the petition. NHTSA will notify the petitioner of the decision to grant or deny the petition within 120 days after its receipt of the petition.

[60 FR 17267, Apr. 5, 1995]
Notes of Decisions
Cited in 3 cases, 1987–1989 · leading case: Ctr. for Auto Saf. v. Elizabeth H. Dole, Sec'y, Dep't of Transp., 828 F.2d 799 (D.C. Cir. 1987).
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Ctr. for Auto Saf. v. Elizabeth H. Dole, Sec'y, Dep't of Transp., 828 F.2d 799 (D.C. Cir. 1987). · cites it 5× “The NHTSA regulations provide that the agency will grant a petition if the agency finds that there is a “reasonable possibility” of a safety-related defect in the manufacturers’ cars.”
Ctr. for Auto Saf. v. Elizabeth H. Dole, Sec'y, Dep't of Transp., 846 F.2d 1532 (D.C. Cir. 1988). · cites it 2× “The parties submitted requested briefing on a discrete issue that was not a matter of dispute among the original panel members-whether the NHTSA regulation at issue permitted agency consideration of non-safety factors in deciding whether to grant a petition to investigate.”
Arnow v. United States Nuclear Regulatory Comm'n, 868 F.2d 223 (7th Cir. 1989). · cites it 2× “In addressing this issue in the context of the regulations promulgated by the National Highway Transportation Safety Administration (NHTSA), the District of Columbia Circuit found no law to apply under the agency’s applicable regulation — 49 C.F.R. § 552.8 . See Center for Auto…”
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