C.F.R. » Title 49 » CHAPTER V—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 553—RULEMAKING PROCEDURES › Subpart B—Procedures for Adoption of Rules

49 C.F.R. § 553.35

Petitions for reconsideration

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(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 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.

Notes of Decisions
Cited in 2 cases, 1972–2015 · leading case: Delta Constr. Co. v. Env't Prot. Agency, 783 F.3d 1291 (D.C. Cir. 2015).
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Delta Constr. Co. v. Env't Prot. Agency, 783 F.3d 1291 (D.C. Cir. 2015). “” Under NHTSA’s regulations, however, a petition for reconsideration of a rule must be received within 45 days of the publication of the rule in the Federal Register.”
Nader v. Volpe, 340 F. Supp. 1178 (D.D.C. 1972). “On October 29, 1971, after noting that the rulemaking procedures applicable to the promulgation of motor vehicle safety standards require that all petitions for reconsideration of a rule must be made part of the public Rules Docket *1184 (49 C.F.R. 553.35), the Court ordered the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.