This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment.
(10 points) National Highway Traffic Safety Administration-This interest me because I would like to know what how these vehicles are being assessed and how will they influence my decision to purchase a new car base off the assessment that was given. This effect me because new model vechicles without design changes are allowed to carry over their rating and the family star rating. 2. Describe the proposal/change. 10 points) The proposal uses vehicle comparative information for consumers to use to purchase vehicles and for manufacturers to continuously improve safety feature by using research and public comments about areas to look into and how to improve the safety features. 3.
Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) I think that the NACP should have every manufacturer have their car go through the safety test each year.Just because the design hasn’t change doesn’t mean its less or more safer and the best way to prove that case is to retest the car.
Also, there should be more testing done for the family star rating and test to see if its safer to have a child in the middle seat or the side seats which wasn’t addressed in the NACP. I would the NACP to change the assessment to fit those needs, especially for concern parents. 4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
(5 points)The proposal expires July 5, 2013. 5. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act. ) Once I submit my comment and during the promulgation process I have the opportunity to challenge the validity of the rules in court.
6. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court.Arbitrary and Capricious Act-This standard is generally applied to informal rule making and simply requires the agency to show evidence to support the rule. Without the evidence the rule could be found as arbitrary and capricious. A second theory that could be applied for challenging an agency regulations is substantial evidence standard, which could be use for formal and hybrid rulemaking are requiring the agency to proven substantial evidence that proven their ruling was valid unlike Arbitrary and Capricious just need some type of evidence.
A third theory that could be applied for challenging an agency regulation is the constitutional standard, which you are applying that the rule is unconstitutional because the agency is has illegal searched record or was discriminative in a way. A fourth theory that could be applied for challenging an agency regulation is the ultra vires standard, which the authority goes higher than the power of the agency. The fifth theory that could be applied for challenging an agency regulation is to have the court set aside the regulation because the agency did not comply with the APA rules. .
Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why? I think the best way to challenge this regulation would be to have the regulation set aside because they fail to comply with the APA rules. I think this suit this regulation the best because they are asking for public opinion about the matter and since it’s so many comments I think that would be their weakest area and the best chance to actually challenge the Agency.
