« PreviousContinue »
1 INTERIM MIXIMUM SAFE PERFORMANCE STANDARDS FOR
3 SEC. 4. (a) In order to carry out the purposes of this 4 Act, on or before January : 1, 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 standardis. 8 (1) The interim minimum surfe performance standarila 9 adopted pursuant to subscrtion (it) of this section shal!
10 become offective one hundred and cightı days from Ule
11 date on which the standards are published.
12 REVISED MINIMUM SAFE PERFORMANCE STANDARDS FOR
SEC. 5. (a) On or before January 31, 1969,
15 thereafter as he deems necessary to accomplish the purposes 16 of this Act, the Secretary shall, by order, establish and pula 17 lish in the Federal Register in accordance with the AdminisJE trative Procedure Act (5 U.S.C. 1001 et seq.) (1) revised
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
1 suant to this subsection shall be made on the record after 2 opportunity for an agency hearing.
(b) In such standards, the Secretary shall prescribe 4 such maxiinun 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 imder the minimum
11 safe performance standards for new tires, until such time 12 as the Secretary finds that such casings are generally avail13 able for retreading.
(il) Standards issued pursuant to this section shall be
come effective on a date specified by the Secretary which
shall be no later than one year nor sooner than one hundred and cightv days from the date on which the standards are
18 published, except that standards for newly retreaded tires 19 xhall not take effect before June 30, 1969.
(c) In order to carry out sections 4 and 5 hereof, the
(1) shall consult with tire and motor vehicle manu
facturers and tire retreaders; with the Vehicle Equipment
Safety Commission: scientific. technical, hnsinnss and
trade organizations; State, local, and interstate agencies, and tire users; as appropriate; and
(2) shall take into consideration such factors als size, load-carrying ability under the conditions likely to be
encountered in regular highway travel, resistance to
impact and fatigue, resistance to confering and skidding. resistance to detachment from rim, und such other factor's
as he deems relevant.
AMENDMENT OF STANDARDS
Sec. 6. The Secretary, from time to time, siibject to
11 the adıninistrative procedural requirements set forth in sub12 section 5 (a), may, by order, amend the minimum safe
13 performance standards issued under this Act.
14 shall become ellective 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, wless the Secretari:
finds, publishing his reasons therefor, that an earlier or later
SEC. 7. No State or political subdivision thereof shall
establish niinimum safe performance standards for new on
23 newly retreaded tires which differ from minimum safe prora 24 forinance standards promulgated pursuant to the provisions 1 of this Act, and any law, regulation, or ordinance purporting
to establish such different standards and providing punish
3 inent for an act of noncompliance therewith shall be null 4 and void. Nothing in this subsection shall be constried to
5 prevent the Federal Government, a State or political sub
division thereof from establishing standards for the exclusive
7 purposes of its own procurement of new or newly retreaded
10 SEC. 8. In all standards published pursuant to this 11 let, 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 let. 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 17 a recital that such tires conform to Federal mininum safe
performance standards. In lieu of such recital, the Secre
tary may prescribe an appropriate mark or symbol for use 20 by such manufacturers or retreaders who comply with such 21 standards. The Secretary may require that additional safety22 related information be disclosed to the purchaser at the time 23 of sale.
JUDICIAL REVIEW OF ORDERS 2 SEC. 9. (a) (1) In a case of actual controversy as to 3 the validity of any order under this det, any person who 4 will be adversely affected by such order if placeel in offert 5 may at any time prior to the forty-fifth day after such 6 order becomes effective, including the period after pulilication
7 in the Federal Register before the order becomes effective,
8 file a petition with the l'nited States court of appeals for
9 the circuit wherein such person resides or has his principal
place of business, for a judicial review of such order.
11 copy of the petition shall be forth with 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