Civil Penalties

Jack Danielson
National Highway Traffic Safety Administration
30 January 2017

[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Rules and Regulations]
[Page 8694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01957]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2016-0136]
RIN 2127-AL82


Civil Penalties

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule; delay of effective date.

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SUMMARY: This action temporarily delays for 60 days the effective date 
of the rule entitled ``Civil Penalties,'' published in the Federal 
Register on December 28, 2016.

DATES: Effective January 25, 2017. The effective date of the rule 
amending 49 CFR part 578 published at 81 FR 95489, December 28, 2016 is 
delayed until March 28, 2017.

FOR FURTHER INFORMATION CONTACT: For legal issues, contact Rebecca 
Schade, Office of Chief Counsel, at (202) 366-2992. For non-legal 
issues, contact John Finneran, Office of Vehicle Safety Compliance, at 
(202) 366-5289.

SUPPLEMENTARY INFORMATION: In accordance with the memorandum of January 
20, 2017, from the Assistant to the President and Chief of Staff, 
entitled ``Regulatory Freeze Pending Review,'' \1\ this action 
temporarily delays for 60 days the effective date of the rule entitled 
``Civil Penalties,'' published in the Federal Register on December 28, 
2016, at 81 FR 95489. That rule responded to a petition for 
reconsideration from the Alliance of Automobile Manufacturers and the 
Association of Global Automakers by delaying, until model year 2019, 
the implementation of inflationary adjustments to the Corporate Average 
Fuel Economy (CAFE) civil penalty rate. These inflationary adjustments 
are required by Congress as part of the Federal Civil Penalties 
Inflation Adjustment Improvements Act of 2015.
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    \1\ Available at https://www.whitehouse.gov/the-press-office/2017/01/20/memorandum-heads-executive-departments-and-agencies (last 
accessed Jan. 24, 2017).
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    To the extent that 5 U.S.C. 553 is applicable, this action is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(3)(A). Alternatively, NHTSA's 
implementation of this action without opportunity for public comment, 
effective immediately upon publication today in the Federal Register, 
is justified based on the good cause exceptions in 5 U.S.C. 
553(b)(3)(B) and 553(d)(3). Seeking public comment is impracticable, 
unnecessary, and contrary to the public interest. The temporary 60-day 
delay in effective date is necessary to give Department officials the 
opportunity for further review and consideration of new regulations, 
consistent with the Assistant to the President's memorandum of January 
20, 2017. Given the imminence of the effective date, seeking prior 
public comment on this temporary delay would have been impractical, as 
well as contrary to the public interest in the orderly promulgation and 
implementation of regulations. The imminence of effective date is also 
good cause for making this action effective immediately upon 
publication.
    Authority: Pub. L. 101-410, Pub. L. 104-134, Pub. L. 109-59, Pub. 
L. 114-74, Pub L. 114-94, 49 U.S.C. 32902 and 32912; delegation of 
authority at 49 CFR 1.81, 1.95.

    Issued on: January 25, 2017.
Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017-01957 Filed 1-25-17; 4:15 pm]
 BILLING CODE 4910-59-P