89TH CONGRESS 2D SESSION

S. 3005

IN THE SENATE OF THE UNITED STATES

MAY 23, 1966

Referred to the Committee on Commerce and ordered to be printed

AMENDMENTS

Intended to be proposed by Mr. HARTKE to S. 3005, a bill to provide for a coordinated national safety program and establishment of safety standards for motor vehicles in interstate commerce to reduce traffic accidents and the deaths, injuries, and property damage which occur in such accidents, viz: 1 On page 1, beginning with "traffic" in line 6 strike out 2 all down through line 7 and insert in lieu thereof “accidents 3 involving motor vehicles and to reduce the deaths and in4 juries occurring in such accidents, and to the extent consistent 5 with such reductions, to reduce property damage which 6 occur in such accidents."

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On page 1, lines 8 and 9, strike out "have authority to 8 establish" and insert in lieu thereof "establish Federal".

Amdt. No. 569

1 On page 2, line 1, strike out "to" and insert in lieu 2 thereof "shall".

3 On page, 2, line 3, strike out "to" and insert in lieu

4 thereof "shall".

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On page 2, line 15, insert immediately after "or" the

6 following: ", consistent with the foregoing,".

7 On page 2, line 13, insert immediately after "design" 8 the following: "or construction".

9 On page 2, between lines 15 and 16, insert the follow10 ing new sentence: "Motor vehicle safety' shall include non11 operational safety of the vehicle and pedestrian protection." On page 2, line 16, insert "Federal" immediately before 13 "minimum".

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14 On page 2, line 20, insert immediately before "on" the 15 following: "and the range of effective operating conditions". 16 On page 2, beginning with "other" in line 24 strike out 17 all down through line 5 on page 3 and insert in lieu thereof 18 "except (1) any vehicle designed or used for military field 19 training, combat, or tactical purposes, and (2) a vehicle or car operated exclusively on a rail or rails."

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On page 3, line 17. immediately before the period insert 22 the following: ", or within the District of Columbia, the 23 Commonwealth of Puerto Rico, or any territory or posses24 sion of the United States".

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On page 3, between lines 18 and 19, insert the following new subsection:

"(h) 'Person' includes individuals, partnerships, corpo4 rations, associations, and public or private organizations." 5 On page 3, beginning with line 20, strike out all down 6 through line 25 on page 6 and insert in lieu thereof the 7 following:

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"SEC. 102. (a) In order to carry out the purposes of

9 this title and after consideration of available research, test10 ing. and development data, the Secretary shall, within one

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year from the enactment of this Act, issue, in accordance 12 with the procedures prescribed by section 102 (c). Federal

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motor vehicle safety standards. Such standards shall become 14 effective on a date specified by the Secretary for each stand15 ard which shall be no sooner than one hundred and eighty 16 days nor later than one year from the date on which the 17 standard is issued; except that if the Secretary finds, stating 18 his findings and reasons, that a standard involves major 19 innovation and complex change in the production process, the Secretary may specify an effective date not later than two years from the date on which such a standard is issued.

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(b) The Secretary shall annually review existing Federal motor vehicle safety standards and the degree of effec

tive compliance existing with respect to such standards, and,

1 by proceedings in accordance with section 102 (c), amend

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such standards where necessary to carry out the purposes of 3 this title.

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"(c) (1) In issuing or amending a Federal motor ve5 hicle safety standard, the Secretary shall follow the procedure 6 of sections 3, 4, 6, and 9 (a) of the Administrative Procedure 7 Act, except as modified in this title.

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"(2) 'All rules' as used in section 3 (b) of the Admin

9 istrative Procedure Act shall be read to include the statement 10 of basis required to be published pursuant to section 102 (c) 11 (5) of this title.

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(3) In addition to matter made available to the public 13 under section 3 (c) of the Administrative Procedure Act, 14 the Secretary shall make publicly available, to any interested 15 person, the record compiled in the proceedings for establish16 ment of a motor vehicle safety standard, including at least 17 (A) the testimony, documentary evidence, and written sub18 missions of data, views or arguments; and (B) to the extent 19 feasible, any nondocumentary evidence. However, the Sec20 retary is authorized to withhold, to the extent necessary to 21 protect trade secrets, from the matter and materials made 22 publicly available.

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"(4) Interested persons', wherever used in the Ad24 ministrative Procedure Act and in this title, shall for the pur

25 poses of this title mean persons who are or are reasonably