§30162 — Title 49 Transportation | U.S. Code

Summary

Anyone can file a petition with the Secretary of Transportation asking the Secretary to start making a motor vehicle safety rule or to decide whether to issue a safety order. The petition must give facts showing why the rule or order is needed and briefly say what action is requested. The Secretary can hold a hearing or an investigation. The Secretary must decide within 120 days. If approved, the Secretary starts the process quickly. If denied, the reasons must be published in the Federal Register.

Title 49, §30162

Transportation — Source: USLM XML via OLRC

(a)Any interested person may file a petition with the Secretary of Transportation requesting the Secretary to begin a proceeding—

(1)to prescribe a motor vehicle safety standard under this chapter; or

(2)to decide whether to issue an order under section 30118(b) of this title.

(b)A petition under this section must state facts that the person claims establish that a motor vehicle safety standard or order referred to in subsection (a) of this section is necessary and briefly describe the order the Secretary should issue.

(c)The Secretary may hold a public hearing or conduct an investigation or proceeding to decide whether to grant a petition under this section.

(d)(1)The Secretary shall determine whether to approve or deny a petition under this section by not later than 120 days after the petition is filed.

(2)If a petition under this section is approved, the Secretary shall begin the proceeding promptly.

(3)If a petition under this section is denied, the Secretary shall publish the reasons for the denial in the Federal Register.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30162(a)15:1410a(a).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 124(a)–(d); added Oct. 27, 1974, Pub. L. 93–492, § 106, 88 Stat. 1481. 30162(b)15:1410a(b). 30162(c)15:1410a(c). 30162(d)15:1410a(d). Subsection (a)(1) is substituted for “the issuance of an order pursuant to section 1392 of this title” for clarity and because of the restatement. In subsection (b), the words “a motor vehicle safety standard” are added because of the restatement. The words “referred to in subsection (a) of this section” are added for clarity. The words “of the substance” are omitted as surplus. In subsection (c), the words “as he deems appropriate in order” and “or not” are omitted as surplus. In subsection (d), the words “described in subsection (b) of this section”, “either”, and “requested in the petition” are omitted as surplus.

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–58, § 24206(1), substituted “A petition under this section” for “The petition”. Subsec. (c). Pub. L. 117–58, § 24206(2), substituted “a petition under this section” for “the petition”. Subsec. (d). Pub. L. 117–58, § 24206(3), designated first to third sentences of existing provisions as pars. (1) to (3), respectively, and inserted headings. Subsec. (d)(1). Pub. L. 117–58, § 24206(3)(C), substituted “The Secretary shall determine whether to approve or deny a petition under this section by” for “The Secretary shall grant or deny a petition”. Subsec. (d)(2). Pub. L. 117–58, § 24206(3)(B), substituted “If a petition under this section is approved” for “If a petition is granted”. Subsec. (d)(3). Pub. L. 117–58, § 24206(3)(A), substituted “If a petition under this section” for “If a petition”.

§30162 Petitions by interested persons for standards and enforcement