1 INTERIM MINIMUM SAFE PERFORMANCE STANDARDS FOR 2 NEW TIRES 3 SEC. 4. (a) In order to carry out the purposes of this 4 Act, on or before January 31, 1967, the Secretary shall 5 adopt and publish in the Federal Register interim minimum 6 safe performance standards for new tires, which shall be 7 based upon existing public and private standards. 8 (b) The interim minimum safe performance standards 9 adopted pursuant to subsection (a) of this section shall 10 become effective one hundred and eighty days from the 11 date on which the standards are published. 12 REVISED MINIMUM SAFE PERFORMANCE STANDARDS FOR 13 14 TIRES SEC. 5. (a) On or before January 31, 1969, and 15 thereafter as he deems necessary to accomplish the purposes 16 of this Act, the Secretary shall, by order, establish and pub17 lish in the Federal Register in accordance with the Adminis18 trative Procedure Act (5 U.S.C. 1001 et seq.) (1) revised 19 minimum safe performance standards for new tires, and (2) 20 minimum safe performance standards for newly retreaded 21 tires, which may be in the form of minimum safe procedures 22 for retreading tires. Regulations established and issued pur 1 suant to this subsection shall be made on the record after 2 opportunity for an agency hearing. 3 (b) In such standards, the Secretary shall prescribe 4 such maximum permissible loads for each size of tire, and 5 the application of such maximum permissible load standards, 6 as he determines necessary to achieve the purposes of this 7 Act. 8 (c) In prescribing standards pursuant to clause (2) of 9 the preceding subsection the Secretary shall not require 10 retreaders to use tire casings produced under the minimum 11 safe performance standards for new tires, until such time as the Secretary finds that such casings are generally avail13 able for retreading. 12 14 15 (d) Standards issued pursuant to this section shall be come effective on a date specified by the Secretary which 16 shall be no later than one year nor sooner than one hundred 17 and eighty days from the date on which the standards are 18 published, except that standards for newly retreaded tires 19 20 shall not take effect before June 30, 1969. (e) In order to carry out sections 4 and 5 hereof, the 21 Secretary 223 24 (1) shall consult with tire and motor vehicle manu facturers and tire retreaders; with the Vehicle Equipment Safety Commission: scientific. technical, heinose and 10 trade organizations; State, local, and interstate agencies, and tire users; as appropriate; and (2) shall take into consideration such factors as size, load-carrying ability under the conditions likely to be encountered in regular highway travel, resistance to impact and fatigue, resistance to cornering and skidding. resistance to detachment from rim, and such other factors as he deems relevant. AMENDMENT OF STANDARDS SEC. 6. The Secretary, from time to time, subject to 11 the administrative procedural requirements set forth in sub12 section 5(a), may, by order, amend the minimum safe 13 performance standards issued under this Act. Amendments 14 shall become effective on the date specified therefor by the 15 Secretary in said order which shall be no sooner than one 16 hundred and eighty days, nor later than one year from the 17 date on which the amendment is issued, unless the Secretary 18 finds, publishing his reasons therefor, that an earlier or later 19 date is in the public interest. 20 21 PREEMPTION SEC. 7. No State or political subdivision thereof shall 22 establish minimum safe performance standards for new or 23 newly retreaded tires which differ from minimum safe per24 formance standards promulgated pursuant to the provisions 1 of this Act, and any law, regulation, or ordinance purporting 2 to establish such different standards and providing punish3 ment for an act of noncompliance therewith shall be null 4 and void. Nothing in this subsection shall be construed to 5 prevent the Federal Government, a State or political sub 6 division thereof from establishing standards for the exclusive 7 purposes of its own procurement of new or newly retreaded 8 tires. 10 SEC. 8. In all standards published pursuant to this 11 Act, the Secretary shall require that tires subject thereto 12 be permanently and conspicuously labeled with such safety 13 information as he determines to be necessary to achieve the 14 purposes of this Act. Such labeling shall include suitable 15 identification of the manufacturer (and in the case of a 16 retreaded tire suitable identification of the retreader), and a recital that such tires conform to Federal minimum safe 17 18 19 20 performance standards. In lieu of such recital, the Secre tary may prescribe an appropriate mark or symbol for use by such manufacturers or retreaders who comply with such 21 standards. The Secretary may require that additional safetyrelated information be disclosed to the purchaser at the time 23 of sale. 1 2 JUDICIAL REVIEW OF ORDERS SEC. 9. (a) (1) In a case of actual controversy as to 3 the validity of any order under this Act, any person who 4 will be adversely affected by such order if placed in effect 5 may at any time prior to the forty-fifth day after such 6 order becomes effective, including the period after publication 7 in the Federal Register before the order becomes effective. 8 file a petition with the United States court of appeals for 9 the circuit wherein such person resides or has his principal 10 place of business, for a judicial review of such order. A 11 copy of the petition shall be forthwith transmitted by the 12 clerk of the court to the Secretary or other officer designated 13 by him for that purpose. The Secretary thereupon shall 14 file in the court the record of the proceedings on which the 15 Secretary based his order, as provided in section 2112 of 16 title 28. 17 (2) If the petitioner applies to the court for leave to 18 adduce additional evidence, and shows to the satisfaction 19 of the court that such additional evidence is material and 20 that there were reasonable grounds for the failure to adduce 21 such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in |