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19. Rules and regulations

Section 119 vests the Secretary with general power to issue rules and regulations.

20. Report to Congress

Section 120 requires an annual report from the Secretary together with recommendations on legislation.

21. Authorization of appropriations

Section 121 authorizes $11 million for fiscal 1967, $17 million for fiscal 1968, and $23 million for fiscal 1969 (except for tire provision). It separately authorizes $2.9 million, $1.45 million, and $1.45 million for the tire safety provisions in this bill for these 3 fiscal years. 22. Effective date of certification

Section 122 sets the effective date of certification requirements as the date on which the first standard is established under section 103.

Section 201 requires tire manufacturers to furnish to consumers certain information as to identification, plies, maximum load, and compliance with safety standards.

2. Tires on new vehicles

Section 202 requires either the manufacturer or the purchaser to equip new vehicles with tires which meet maximum permissible load standards when fully loaded with passengers.

3. Uniform quality grading system

Section 203 requires the Secretary to prescribe a uniform quality grading system for tires within 2 years of the date of enactment of this bill.

Title III-Accident and Injury Research and Test Facility

This title authorizes a study of existing facilities and requires a report to Congress (particularly with reference to new facilities for which construction authorization is sought) by December 31, 1967, and authorizes $3 million for the study and report.

Title IV-National Driver Register

This title amends the existing law to expand the existing register to include the name of almost every person who has been denied a driver's license or had his license revoked or suspended.

EXPLANATION OF THE REPORTED BILL BY SECTION

DECLARATION OF POLICY

The first section of the bill as amended declares the purpose of this act to be the reduction of traffic accidents and the deaths and injuries to persons resulting from traffic accidents. It further makes a congressional determination (1) that is is necessary to establish Federal safety standards applicable to motor vehicle and items of motor

vehicle equipment in interstate commerce, (2) to undertake and support necessary safety research and development, and (3) to expand the national driver register.

The declaration of purpose differs substantially from that which was contained in the introduced bill. Essentially, the differences are that the bill as reported contains a determination by Congress that there is a present necessity to establish Federal motor vehicle safety standards. Under the introduced bill, the Secretary would have been given authority to establish standards, but he would have been rerequired to make the determination as to their necessity. The other major difference between the bill as introduced and as reporteu is the elimination from the latter of all references to property damage as an element to be considered in establishing Federal safety standards. The committee believes that the emphasis of this legislation should be on the protection of persons rather than the protection of property, and to eliminate any possible conflicts restricts the bill to considerations which relate to the safety and protection of persons.

Title I-Motor Vehicle Safety Standards

SHORT TITLE

Section 101 of the reported bill provides that the entire act (including all titles thereof) may be cited as the National Traffic and Motor Vehicle Safety Act of 1966.

DEFINITIONS

Section 102 of the reported bill defines for the purposes of title I of the bill the following terms: (1) "motor vehicle safety"; (2) "motor vehicle safety standards"; (3) "motor vehicle"; (4) "motor vehicle equipment"; (5) "manufacturer"; (6) "distributor"; (7) "dealer"; (8) "State"; (9) "interstate commerce"; (10) "Secretary"; (11) "person"; (12) "defect"; (13) "United States district courts"; and (14) "Vehicle Equipment Safety Commission". The introduced bill did not undertake to define all of these terms. In the course of the committee's consideration the definitions of "manufacturer", "distributor", "dealer", "person", "defect", "United States district courts", and "Vehicle Equipment Safety Commission" were added. The most significant change made by the committee in the definition section was the deletion from the definition of motor vehicle of the exemption of those vehicles subject to part II of the Interstate Commerce Act or the Transportation of Explosives Act. Under the original bill, these vehicles would not have been subject to safety standards established by the Secretary. In its consideration of the bill it became clear to the committee that much confusion was created by this exemption. There appeared to be no way to determine with any certainty which vehicles would be subject to the standards and which would be exempt. This exemption was therefore removed. The definition of motor vehicle in the reported bill includes all vehicles driven or drawn by mechanical power. Thus, the Secretary of Commerce will have the authority to issue standards as to the manufacture, sale, and importation of all such vehicles.

In order to insure that there would be the greatest uniformity possible between the standards established under this act and the regu

lations of the Interstate Commerce Commission as to safety, the committee inserted as subsection (g) of section 103 a requirement that in prescribing safety regulations the Interstate Commerce Commission will not adopt or continue in effect any regulation on safety which is different from a safety standard issued under this title. The Interstate Commerce Commission, however, after manufacture, can impose a higher standard of safety performance on a motor vehicle subject to its jurisdiction.

Additionally, in the definition of "distributor" the committee added the word "primarily" to modify the description of those engaged in the sale and distribution of motor vehicles or motor vehicle equipment to make it clear that an occasional sale by one dealer to another on an accommodation basis would not make such a "dealer" a "distributor" for the purposes of this title.

There is no reference anywhere in the definitions to the concept of "design." Rather, the definitions, and this bill have been written in terms of requiring standards of motor vehicle and equipment performance. The Secretary would not become directly involved in questions of design.

ESTABLISHMENT OF STANDARDS

Standards. Section 103(a) of the reported bill requires the Secretary to establish appropriate Federal motor vehicle safety standards. These standards are to be practicable, meet the need for motor vehicle safety, and be stated in objective terms.

Under this subsection the committee has imposed a mandatory requirement upon the Secretary to establish motor vehicle safety standards. In the introduced bill the Secretary would have issued standards only to the extent that he determined it necessary to do so. In the reported bill this determination is statutorily made by Congress. In establishing standards the Secretary must conform to the requirement that the standard be practicable. This would require consideration of all relevant factors, including technological ability to achieve the goal of a particular standard as well as consideration of economic factors.

Motor vehicle safety is the paramount purpose of this bill and each standard must be related thereto.

In order to insure that the question of whether there is compliance with the standard can be answered by objective measurement and without recourse to any subjective determination, every standard must be stated in objective terms.

Administrative Procedure Act.-Section 103(b) of the reported bill makes the Administrative Procedure Act applicable to all orders establishing, amending, or revoking a Federal motor vehicle safety standard under this title.

The Secretary may utilize either the informal rulemaking procedures. of section 4 of the APA or the more formal and extensive procedures of that act, whichever is more appropriate in a given situation. He must, however, establish a record which shall be the basis for his actions.

In a later section (105) the committee specifically provides for judicial review of any order issued under this section.

Effective date of orders.-Section 103(c) of the reported bill provides that every order establishing a safety standard shall specify the effective date of that standard. This date is not to be sooner than 180 days or later than 1 year from the date the order is issued except in those cases where the Secretary finds that either an earlier or a later date is in the public interest and publishes his reasons for such finding. This provision differs from the introduced bill which provided that a safety standard could take effect as late as 2 years after the date of issuance and did not provide for any exception from the statutory limits with respect to effective dates. The committee reduced this outside limit to 1 year because of the urgency for the prompt establishment of standards. The exception based on a finding that an earlier or later effective date may be fixed if it is in the public interest was added by the committee to provide the necessary flexibility for unusual situations.

Preemption. Section 103(d) provides that whenever a Federal safety standard is in effect no State or political subdivision thereof shall establish or keep in effect any safety standard applicable to the same aspect of vehicle or equipment performance which is not identical to the Federal standard. It further provides however that the Federal, State, and local governments may establish safety requirements applicable to vehicles or equipment procured for governmental use which impose a higher standard of performance than that required to comply with the otherwise applicable Federal standards.

Basically, this preemption subsection is intended to result in uniformity of standards so that the public as well as industry will be guided by one set of criteria rather than by a multiplicity of diverse standards. The committee recognized that vehicles and equipment procured for governmental use may require higher standards of performance than those generally applicable and this subsection permits such higher standards for vehicles and equipment procured by these

governments.

Amendments and revocation of standards.-Section 103 (e) of the reported bill authorizes the Secretary to amend or revoke safety standards issued under this section. The Secretary's authority with respect to the establishment of the effective date for an amendment or a revocation is the same as that provided for the issuance of an original standard under subsection (c) of this section.

Consultation and other requirements. Section 103 (f) of the reported bill provides that the Secretary shall in prescribing standards (1) consider relevant safety data (including research, development, testing, and evaluation activities); (2) consult with the Vehicle Equipment Safety Commission and such other State or interstate agencies (including legislative committees) as he deems appropriate; (3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of vehicle or item or equipment for which it is prescribed; and (4) consider the extent to which a standard will contribute to carrying out the purposes of this act.

Under this subsection the Secretary before issuing an order establishing, amending, or revoking a safety standard is required to consult with the Vehicle Equipment Safety Commission and, as he deems appropriate, with other State or interstate agencies (including legislative committees). It is expected that the Vehicle Equipment Safety Commission and interested State and interstate agencies will

actively participate, through consultation, in the formulation of safety standards.

The Secretary must also give consideration to relevant available safety data and the results of research, development, testing, and evaluation conducted pursuant to this act. In this connection it is expected that not only will the Secretary consider data and results derived from Federal activities in this area but also that he will avail himself of information derived from those State governments and educational institutions which are pursuing improvements in vehicle and equipment safety.

The Secretary must also consider whether a proposed standard is reasonable, practicable, and appropriate for a particular type of vehicle or equipment for which it is prescribed. This provision allows the Secretary in prescribing standards to consider the reasonableness and appropriateness of a particular standard in its relationship to the many different types and models of vehicles which are manufactured. This subsection also contains a general provision which requires the Secretary to consider the extent to which any prescribed standard contributes to the achievement of the purposes of the act.

Uniformity of standards and ICC regulations.-Section 103(g) of the reported bill requires the Interstate Commerce Commission not to adopt or continue in effect any safety regulation covering a motor vehicle subject to part II of the Interstate Commerce Act or the Transportation of Explosives Act which differs from a safety standard issued by the Secretary under this title. This subsection, however, is not to be construed to prohibit the Interstate Commerce Commission from prescribing for any motor vehicle operated by a carrier subject to regulation under either or both of these acts a safety regulation imposing a higher standard of performance after the manufacture of such a vehicle than that required to comply with the Federal safety standard at the time of manufacture.

Since the definition of motor vehicle under this title encompasses all those vehicles driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, other than those operated exclusively on rails, it is necessary to insure that there be no conflict between the safety standards issued by the Secretary and the safety regulations issued by the Interstate Commerce Commission. This subsection provides that the Interstate Commerce Commission's regulations shall not differ from the safety standards issued by the Secretary. However, the Interstate Commerce Commission may impose on a motor vehicle operated by a carrier subject to its jurisdiction safety regulations requiring a higher standard of performance than that required at the time of manufacture of such vehicle.

The committee found the problem of uniformity of regulations to be extremely complicated and gave the subject full consideration. It is the belief of the committee that the definition of motor vehicle in this reported bill together with this subsection eliminates the ambiguities in this area which were present in the introduced bill. It is expected by the committee that the Secretary will consult with the Interstate Commerce Commission to the fullest extent necessary in order to insure that there will be the maximum uniformity, compatible with safety, between the standards issued by the Secretary and the regulations issued by the Interstate Commerce Commission.