About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-332934 Feb 12, 2021 1 (2021-02-12)

handle is hein.gao/gaobaecph0001 and id is 1 raw text is: m1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-332934 February 12, 2021 The Honorable Maria Cantwell Chairman The Honorable Roger Wicker Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Peter A. DeFazio Chairman The Honorable Sam Graves Ranking Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Transportation, National Highway Traffic Safety Administration: Civil Penalties Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Transportation, National Highway Traffic Safety Administration (NHTSA) entitled Civil Penalties (RIN: 2127-AM32). We received the rule on January 28, 2021. It was published in the Federal Register as an interim final rule; request for comments; and response to petition for rulemaking on January 14, 2021. 86 Fed. Reg. 3016. The stated effective date of the rule is January 14, 2021. According to NHTSA, this interim final rule responds to a petition for rulemaking regarding when to apply an increase to the civil penalty rate applicable to automobile manufacturers that fail to meet applicable corporate average fuel economy standards and are unable to offset such a deficit with compliance credits. NHTSA states this rule provides that the increase will go into effect beginning in model year 2022 in accordance with NHTSA's December 2016 rule on the same issue, except if the August 31, 2020, decision of the United States Court of Appeals for the Second Circuit in Case Number 19-2395 is vacated. New York v. Nat'l Highway Traffic Safety Admin., 974 F.3d 87 (2d Cir. 2020). According to NHTSA, this interim final rule amends the relevant regulatory text accordingly and requests comment. NHTSA states that this rule also responds to a petition for reconsideration of NHTSA's July 2019 rule from the Institute for Policy Integrity at New York University School of Law. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). NHTSA found that good cause

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most