Petitions by interested persons for standards and enforcement

49 U.S.C. § 30162

• Title: 49 — Transportation
• Chapter: SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

Text

(a) Filing.—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) Statement of Facts.—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) Proceedings.—The Secretary may hold a public hearing or conduct an investigation or proceeding to decide whether to grant a petition under this section.
(d) Actions of Secretary.—
(1) In general.—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) Approval.—If a petition under this section is approved, the Secretary shall begin the proceeding promptly.
(3) Denial.—If a petition under this section is denied, the Secretary shall publish the reasons for the denial in the Federal Register.

History

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 967; Pub. L. 117–58, div. B, title IV, §24206, Nov. 15, 2021, 135 Stat. 822.)

Editorial Notes

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".