1 rebuttal thereof) to be taken before the Secretary, and to be 2 adduced upon the hearing, in such manner and upon such 3 terms and conditions as to the court may seem proper. The 4 Secretary may modify his findings as to the facts, or make 5 new findings, by reason of the additional evidence so taken, 6 and he shall file such modified or new findings, and his 7 recommendation, if any, for the modification or setting aside 8 of his original order, with the return of such additional 9 evidence.

10

(3) Upon the filing of the petition referred to in para11 graph (1) of this subsection, the court shall have juris12 diction to affirm the order, or to set it aside in whole or in 13 part, temporarily or permanently. The findings of the 14 Secretary as to the facts, if supported by substantial evidence, 15 shall be conclusive.

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(4) The judgment of the court affirming or setting 17 aside, in whole or in part, any such order of the Secretary 18 shall be final, subject to review by the Supreme Court of 19 the United States upon certiorari or certification as provided 20 in section 1254 of title 28.

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(5) Any action instituted under this subsection shall 22 survive notwithstanding any change in the person occupying 23 the office of Secretary or any vacancy in such office.

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(6) The remedies provided for in this subsection shall

1 be in addition to and not in substitution for any other 2 remedies provided by law.

3 (b) A certified copy of the transcript of the record 4 and proceedings under this section shall be furnished by the 5 Secretary to any interested party at his request and payment 6 by such party of the costs thereof, and shall be admissible 7 in any criminal proceeding, libel for condemnation, exclusión 8 of imports, or other proceeding arising under or in respéct 9 to this Act whether or not proceedings with respect to the 10 order have previously been instituted or become final under 11 subsection (a) of this section.

13

12 UNIFORM GRADING SYSTEM FOR MOTOR VEHICLE TIRES SEC. 10. In order to assist the consumer to make an in14 formed choice in the purchase of motor vehicle tires, within 15 two years after the enactment of this Act, the Secretary shall 16 prescribe by order, and publish in the Federal Register, a uni17 form quality grading system for motor vehicle tires. Such 18 order shall become effective one hundred and eighty days 19 from the date on which such order was published. The Sec20 retary shall also cooperate with industry and the Federal 21 Trade Commission to the maximum extent practicable in 22 efforts to eliminate deceptive and confusing tire nomenclature

23 and marketing practices.

S. 2669-2

1

2

RESEARCH, TESTING, AND DEVELOPMENT

SEC. 11. The Secretary, in cooperation with other de

3 partments and agencies of the Federal Government, is au

4 thorized to

(a) conduct either directly or by way of grant, contract, or otherwise, research, testing, development,

and information gathering and disseminating activities necessary to accomplish the purposes of this Act, which activities shall include consideration of

(1) relating tire performance characteristics to tire safety;

tires

(2) determining the effects of wear and use of upon tire safety;

(3) evaluating and developing methods and equipment for testing, inspecting, and determining safety of tires;

(4) evaluating and developing methods and equipment for determining adequacy of minimum safe performance standards for tires, and compliance

of tires with minimum safe performance standards:

(5) developing improved minimum safe performance standards for tires; and

(6) determining the feasibility of a uniform quality grading system for tires;

(b) purchase, acquire, or fabricate all equipment

and facilities necessary to carry out the provisions of this Act and, notwithstanding any other provision of law, tires for research or testing purposes may be purchased and tested even though such tests may damage or destroy the tires being tested;

(c) sell or otherwise dispose of tires tested pursuant to the preceding clause, notwithstanding any other pro vision of law, and reimburse the proceeds of such sale or disposal into the appropriation or fund current and available for the purpose of carrying out this Act:

Provided, That tires which have been rendered irreparably unsafe for use on the highways, by testing pur

suant to subsection (b), shall be sold or disposed of in

a manner insuring that they shall not be used on the highways or on vehicles for use on the highways.

INSPECTION AND TESTING FOR COMPLIANCE: RECORDS

16

17

18

AND REPORTS

SEC. 12. (a) The Secretary is authorized to conduct 19 such testing and inspection as he deems necessary to aid in 20 the enforcement of standards issued and in effect under this 21 Act and shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information ob23 tained and test results indicating noncompliance with such 24 standards, for appropriate enforcement or customs action. (b) For purposes of this section, officers and employees

22

25

1 designated by the Secretary, upon presenting appropriate 2 credentials and a written notice to the owner, operator, or 3 agent in charge, are authorized to enter, at reasonable times, 4 (1) any plant, facility, warehouse, or other business estab5 lishment or premises where tires are held prior to their sale 6 or delivery, or where tires are retreaded, and to make a rea7 souable inspection of such tires or (2) any motor vehicle 8 assembly plant and to make a reasonable inspection, after 9 the motor vehicles have left the assembly line, of the tires 10 with which such motor vehicles are equipped.

11 (c) Every manufacturer and retreader of tires and

12

every manufacturer of motor vehicles shall establish and 13 maintain such records, make such reports, and provide such 14 information as the Secretary may reasonably require to en15 able him to determine whether such manufacturer or re16 treader has acted or is acting in compliance with the pro17 visions of this Act and standards prescribed pursuant to this 18 Act and shall, upon request of an officer or employee duly 19 designated by the Secretary, permit such officer or employee to inspect appropriate hooks, papers, records, and documents. (d) All information reported to or otherwise obtained 22 by the Secretary or his representative pursuant to subsection (b) or (c), which information contains or relates to a trade 24 secret or other matter referred to in section 1905 of title 18

20

21

23

25 of the United States Code, shall be considered confidential for