[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Rules and Regulations]
[Page 26002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12011]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

49 CFR Parts 552, 554, 573, 576, and 577

[Docket No. 93-68; Notice 3]
RIN 2127-AD83


Petitions for Rulemaking, Defect and Noncompliance Orders; 
Standards Enforcement and Defect Investigations; Defect and 
Noncompliance Reports; Record Retention; and Defect and Noncompliance 
Notification

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation.

ACTION: Response to petitions for extension of effective date of final 
rule; denial of petitions for extension of time to petition for 
reconsideration.

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SUMMARY: In this notice, the National Highway Traffic Safety 
Administration (NHTSA) rescinds the May 5, 1995, effective date for 
compliance with the final rule published in the Federal Register on 
April 5, 1995 (60 FR 17254) and adopts a new effective date of July 7, 
1995. The rescission of the effective date and adoption of a new 
effective date applies to all sections of 49 CFR part 552, 554, 573, 
576, and 577 that were amended by the final rule.
    The agency is taking this action in response to petitions filed by 
several manufacturers for suspension of the effective date of the final 
rule. They have also filed petitions for reconsideration of various 
provisions of the final rule, which are not addressed by this notice. 
The agency also denies the petitions of Ford Motor Company to extend 
the 30-day time period for filing petitions for reconsideration of the 
final rule to June, and the petition of Chrysler Corporation to extend 
the time for filing of petitions for reconsideration until July 10, 
1995.

DATES: The final rule published in the Federal Register on April 5, 
1995 (60 FR 17254) will become effective on July 7, 1995.

FOR FURTHER INFORMATION CONTACT: Jonathan D. White, Office of Defects 
Investigation, National Highway Traffic Safety Administration, 400 
Seventh Street, SW, Room 5319, Washington, DC 20590; (202) 366-5227.

SUPPLEMENTARY INFORMATION: On April 5, 1995, the National Highway 
Traffic Safety Administration (``NHTSA'') published in the Federal 
Register a final rule amending several provisions of its regulations 
that pertain to its enforcement of the provisions of Chapter 301 of 
Title 49 of the United States Code, with respect to the statutory 
obligations to provide notification and remedy without charge for motor 
vehicles and items of motor vehicle equipment that have been determined 
not to comply with a Federal motor vehicle safety standard or to 
contain a defect related to motor vehicle safety. The final rule was to 
be effective on May 5, 1995.
    In the several days prior to the effective date of the final rule, 
NHTSA received from several manufacturers (General Motors Corporation 
(``GM''), Ford Motor Company (``Ford''), Chrysler Corporation 
(``Chrysler'') and PACCAR, Inc. (``PACCAR'')) petitions for 
reconsideration of various provisions of the final rule and to suspend 
the effective date for 60 or 90 days (PACCAR and Chrysler, 
respectively), or indefinitely (GM and Ford). As grounds for the 
petitions for a delay in the effective date, the manufacturers assert 
that compliance by the effective date is impossible, and that it will 
take them periods ranging from two months to a year to bring themselves 
into compliance.
    While the agency does not believe that either an indefinite or 90-
day suspension of the effective date is appropriate or necessary, it 
has decided to grant the petitions to suspend the effective date to the 
extent of rescinding the original May 5 effective date and adopting a 
new effective date of July 7, 1995.
    The filing of petitions for reconsideration is not ordinarily 
considered to be sufficient in itself to warrant postponing the 
effective date of a final rule. However, the agency believes that in 
the circumstances presented in this instance, the establishment of a 
new effective date for this final rule is reasonable and appropriate. 
The original effective date was May 5, 1995. The manufacturers have 
presented NHTSA with information that makes a credible showing that 
they are not capable of achieving compliance with at least some 
provisions of the final rule by May 5, and that it will be some months 
before they are able to do so. Moreover, in view of the short time 
period between the filing of the petitions and the original effective 
date, it is not feasible and specify merely the particular provisions 
that appear to present the greatest difficulty.
    To address this situation, the agency has decided that, rather than 
grant the petitions by suspending the effective date indefinitely, it 
will rescind the May 5, 1995, effective date of the entire final rule 
and adopt a new effective date of July 7, 1995. If more time is needed 
for particular provisions, the agency will take appropriate action 
prior to that time.
    The Agency is denying the petitions by Ford and Chrysler to extend 
the 30-day time period for filing petitions for reconsideration of the 
final rule. 49 CFR Sec. 553.35. It will, however, treat Ford's letter 
of April 28, 1995, and Chrysler's letter of May 5, 1995, as petitions 
for reconsideration.
    The agency wishes to note that it does intend to give full and 
careful consideration to the pending petitions for reconsideration of 
the final rule. However, it cannot predict what its ultimate decision 
will be on those petitions. While the petitions are under 
consideration, it expects the manufacturers to continue to take the 
steps necessary to bring themselves into compliance with all provisions 
of final rule as expeditiously as possible.
    For the foregoing reasons, the petitions to suspend the effective 
date of the final rule are granted to the extent that the original 
effective date is rescinded and a new effective date of July 7, 1995, 
is adopted.

    Issued on: May 8, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-12011 Filed 5-15-95; 8:45 am]
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