Implementing the Whistleblower Provisions of the Vehicle Safety Act

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>National Highway Traffic Safety Administration</SUBAGY> <CFR>49 CFR Part 513</CFR> <DEPDOC>[Docket No. NHTSA-2023-0014]</DEPDOC> <RIN>RIN 2127-AL85</RIN> <SUBJECT>Implementing the Whistleblower Provisions of the Vehicle Safety Act</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This final rule addresses an important source of motor vehicle safety information and fulfills a requirement in the Motor Vehicle Safety Whistleblower Act (Whistleblower Act) that NHTSA promulgate regulations on the requirements of the Act, in complement to NHTSA's existing whistleblower program. The Whistleblower Act authorizes the Secretary of Transportation to pay an award, subject to certain limitations, to eligible whistleblowers who voluntarily provide original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement, which is likely to cause unreasonable risk of death or serious physical injury, if the information provided leads to the successful resolution of a covered action. This final rule defines certain terms important to the operation of the whistleblower program, outlines the procedures for submitting original information to NHTSA and applying for awards, discusses NHTSA's procedures for making decisions on award applications, and generally explains the scope of the whistleblower program to the public and potential whistleblowers. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Effective date:</E> This rule is effective January 16, 2025. <E T="03">Petitions for Reconsideration:</E> If you wish to submit a petition for reconsideration of this rule, your petition must be received by January 31, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Any petitions for reconsideration should refer to the docket number set forth above (NHTSA-2023-0014) and be submitted to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Dylan Voneiff, Office of the Chief Counsel, National Highway Traffic Safety Administration (telephone: (202) 763-8536), email: <E T="03">dylan.voneiff@dot.gov</E> ; or Daniel Rabinovitz, Office of the Chief Counsel, National Highway Traffic Safety Administration (telephone: (202) 366-5263), email: <E T="03">daniel.rabinovitz@dot.gov</E> . The mailing address for these officials is: National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Executive Summary</FP> <FP SOURCE="FP-2">II. Final Rule and Responses to Comments</FP> <FP SOURCE="FP1-2">A. General (§ 513.1)</FP> <FP SOURCE="FP1-2">B. Definitions (§ 513.2(b))</FP> <FP SOURCE="FP1-2">i. Collected Monetary Sanctions</FP> <FP SOURCE="FP1-2">ii. Contractor</FP> <FP SOURCE="FP1-2">iii. Covered Action and Related Administrative or Judicial Action</FP> <FP SOURCE="FP1-2">iv. Dealership</FP> <FP SOURCE="FP1-2">v. Employee</FP> <FP SOURCE="FP1-2">vi. Independent Knowledge or Analysis</FP> <FP SOURCE="FP1-2">vii. Original Information</FP> <FP SOURCE="FP1-2">viii. Potential Whistleblower</FP> <FP SOURCE="FP1-2">ix. Whistleblower</FP> <FP SOURCE="FP1-2">C. Procedures for Submitting Original Information (§ 513.4)</FP> <FP SOURCE="FP1-2">D. Confidentiality (§ 513.5)</FP> <FP SOURCE="FP1-2">E. Prerequisites to the Consideration of an Award (§ 513.6)</FP> <FP SOURCE="FP1-2">F. Whistleblowers Ineligible for an Award (§ 513.7)</FP> <FP SOURCE="FP1-2">G. Provision of False Information (§ 513.8)</FP> <FP SOURCE="FP1-2">H. Procedures for Making a Claim for a Whistleblower Award (§ 513.9)</FP> <FP SOURCE="FP1-2">I. Award Determinations (§ 513.10)</FP> <FP SOURCE="FP1-2">J. Appeals of Award Determinations (§ 513.11)</FP> <FP SOURCE="FP1-2">K. Form WB-INFO (Appendix A)</FP> <FP SOURCE="FP1-2">L. Form WB-RELEASE (Appendix B)</FP> <FP SOURCE="FP1-2">M. Form WB-AWARD (Appendix C)</FP> <FP SOURCE="FP-2">III. Regulatory Analyses and Notices</FP> </EXTRACT> <HD SOURCE="HD1">I. Executive Summary</HD> The Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, established important protections and incentives for motor vehicle safety whistleblowers. The Motor Vehicle Safety Whistleblower Act (Whistleblower Act), Sections 24351-25352 of the FAST Act, amended the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) to authorize the Secretary of Transportation (the Secretary) to pay an award, subject to certain limitations, to eligible whistleblowers who voluntarily provide original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of 49 U.S.C. Chapter 301, which is likely to cause unreasonable risk of death or serious physical injury, if that information leads to the successful resolution of a covered action. Public Law 114-94, § 24351-52, 129 Stat. 1716 (2015) (codifying “Whistleblower incentives and protections” at 49 U.S.C. 30172). In addition to the statutory whistleblower protections and incentives added by the FAST Act, Congress required NHTSA to promulgate whistleblower regulations. <SU>1</SU> <FTREF/> NHTSA's notice of proposed rulemaking (NPRM), published on April 14, 2023, <SU>2</SU> <FTREF/> proposed definitions of certain terms important to the operation of the whistleblower program, outlined the procedures for submitting original information to NHTSA and applying for awards, discussed NHTSA's procedures for making decisions on award applications, and generally explained the scope of the whistleblower program to the public and potential whistleblowers. <FTNT> <SU>1</SU>   <E T="03">See</E> 49 U.S.C. 30172(i). </FTNT> <FTNT> <SU>2</SU>  88 FR 23276 (Apr. 14, 2023). </FTNT> NHTSA received 14 comments on the NPRM. The proposal garnered comments from whistleblower counsel and advocates, vehicle manufacturers, industry associations, and individuals. These comments are available in the docket for this rulemaking. <SU>3</SU> <FTREF/> After considering the public comments, the Agency is issuing this final rule and generally adopting the proposal without significant change. <FTNT> <SU>3</SU>   <E T="03">https://www.regulations.gov/document/NHTSA-2023-0014-0001.</E> </FTNT> <HD SOURCE="HD1">II. Final Rule and Responses to Comments</HD> In the NPRM, NHTSA proposed adding a new part to its regulations, 49 CFR part 513, to further implement the whistleblower program established by the Whistleblower Act and codified at 49 U.S.C. 30172. The proposal defined certain terms important to the operation of the whistleblower program, outlined the procedures for submitting original information to NHTSA and applying for awards, discussed the Agency's procedures for making decisions on award applications, and generally explained the scope of the whistleblower program to the public and potential whistleblowers. The proposed rule sought to help facilitate the Agency's identification of information provided by whistleblowers to ensure that whistleblowers receive the protections accorded under the statute and to inform the public of those limited circumstances where information that could reasonably be expected to reveal the identity of the whistleblower may be disclosed. NHTSA sought comments on all aspects of the NPRM. In response to the NPRM, NHTSA received comments from whistleblower counsel and advocates, vehicle manufacturers, industry associations, and members of the general public. Whistleblower counsel and advocates submitting comments were Cohen Milstein Sellers & Toll PLLC (Cohen Milstein); Constantine Cannon LLP (Constantine Cannon); Kohn, Kohn, and Colapinto (Kohn); and the National Whistleblower Center. The individual vehicle manufacturers that commented were Ford Motor Company (Ford) and Hyundai Motor America (Hyundai). The industry associations that submitted comments were the Alliance for Automotive Innovation (Auto Innovators) and the vehicle supplier industry association Motor & Equipment Manufacturers Association (MEMA). NHTSA also received comments from some individuals. Generally, most commenters shared their support for the creation of a new part to NHTSA's regulations governing NHTSA's whistleblower program. Commenters addressed many aspects of the rule, including the definitions of certain terms, procedures for submitting information and making a claim for an award, eligibility requirements for an award and award determinations. The order of the topics or comments discussed in this document is not intended to reflect the significance of the comment raised or the standing of the commenter. Additionally, this summary of the comments is intended to provide both a general understanding of the overall scope and themes raised by the commenters, as well as give some specific descriptions to provide context. Whistleblower counsel and advocates generally commented in support of broadening the definition of “whistleblower,” “independent knowledge or analysis,” and “covered action.” These commenters proposed relaxing internal reporting requirements and more specifically defining protections against retaliation. Additionally, these commenters proposed removing agency discretion for granting an award. Generally, vehicle manufacturers and industry associations commented in support of restricting the definition of whistleblower and the definition of independent knowledge or analysis. 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