1 likely to be adversely affected in fact by the motor vehicle 2 safety standard and shall include but shall not be limited to 3 manufacturers, distributors and retail vendors of motor ve4 hicles or motor vehicle equipment; public or private organi5 zations engaged to a significant extent in the promotion or 6 study of motor vehicle safety; automobile insurance under7 writers; and current owners or users of motor vehicles.

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(5) 'A concise general statement of their basis and 9 purpose', as used in section 4 (b) of the Administrative 10 Procedure Act, shall for the purposes of this title mean the 11 following:

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"(A) A statement of the principal reasons for the adoption of the standard, written in language understandable to the general public;

"(B) Wherever appropriate to the particular standard, a statement of the full range of operating conditions for which the standard is deemed effective; and

"(C) A technical statement which shall indicate the tests performed, the findings, and all data necessary to an appreciation and evaluation of the standard by persons competent in the particular technical area involved.

"(6) In addition to the right of petition accorded pur24 suant to section 4 (d) of the Administrative Procedure Act, 25 the Secretary shall as a matter of course, conduct proceed

1 ings pursuant to section 102 (c), whenever any State shall 2 petition by act of the respective State legislature or of the 3 duly authorized officer of the respective State, and shall 4 submit a specific proposal or proposals to advance motor 5 vehicle safety by the issuance, amendment, or withdrawal 6 of any standard or standards.

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"(7) Nothing in this title or in the Administrative Procedure Act shall be construed to make sections 7 and 8 of

9 such Act applicable to proceedings under this title.

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"(d) A Federal motor vehicle safety standard issued

pursuant to section 102 (b) shall become effective on a date 12 specified by the Secretary in such standard, which shall be no sooner than one hundred and eighty days nor later than one year from the date on which the standard is issued, 15 unless the Secretary finds, stating his reasons therefor that an earlier date is in the public interest, then he may specify 17 such earlier date. If the Secretary finds, stating his findings 18 and reasons, that such standard or amendment (or with19 drawal) involves major innovations, and complex changes, 20 in the production process, the Secretary may specify an 21 effective date not later than two years from the date of 22 issuance.

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"(e) From the date of enactment of this Act, no State 24 or political subdivision thereof shall establish a motor vehi25 cle safety standard for motor vehicles or items of motor

1 vehicle equipment, which differs from a Federal motor vehi2 cle safety standard issued pursuant to the provisions of this 3 title, and any law, regulation, ordinance purporting to 4 establish such different standards and providing punishment 5 for an act of noncompliance therewith shall be null and void 6 and of no effect. However, nothing herein shall be construed

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to prevent a State or political subdivision thereof, or the 8 Federal Government. from establishing requirements more 9 stringent than a Federal motor vehicle safety standard for 10 the exclusive purpose of its own procurement. Nothing 11 herein shall be construed to prevent a State or political sub12 division thereof, or any appropriate Federal authority, from 13 establishing inspection standards or maintenance requirements for motor vehicles owned or operated in that State: 15 Provided, That no such standard or requirement shall estab16 lish any requirement that could not be satisfied by any motor 17 vehicle or item of motor vehicle equipment complying with 18 the Federal motor vehicle safety standards issued pursuant to this title or complying with any valid current motor 20 vehicle safety standard of the respective State or political

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subdivision thereof.

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"JUDICIAL REVIEW

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"SEC. 103. (a) (1) Any order, rule, or regulation,

affirmative or negative, issued by the Secretary pursuant to

25 this title, shall be subject to review by the United States

1 court of appeals for the circuit wherein the petitioner for re2 view resides or has his principal place of business. A peti3 tion for review shall be filed within sixty days after such 4 order, rule, or regulation is issued, unless good cause is estab5 lished for failure to file within sixty days. Such a petition 6 may be filed by any person entitled under section 102 (c) 7 (4) to participate in the proceedings before the Secretary, 8 if that person did urge before the Secretary, in such proceed9 ings, the objection now urged before the court as the basis 10 for modifying or setting aside the order, rule, or regulation; 11 unless there were reasonable grounds for failure to urge the 12 objection before the Secretary. A copy of the petition shall 13 be forthwith transmitted by the clerk of the court to the Sec14 retary or other officer designated by him for that purpose. 15 The Secretary thereupon shall file in the court the record of 16 the proceedings on which the Secretary based the order, rule, 17 or regulation, as provided in section 2112 of title 28 of the 18 United States Code.

19 "(2) If the petitioner applies to the court for leave to 20 adduce additional evidence, and shows to the satisfaction 21 of the court that such additional evidence is material and that 22 there were reasonable grounds for the failure to adduce such 23 evidence in the proceeding before the Secretary, the court 24 may order such additional evidence (and evidence in rebuttal 25 thereof) to be taken before the Secretary, in such manner

1 and upon such terms and conditions as the court may seem 2 proper. Reasonable grounds may be proved by showing 3 that the petitioner was unaware that the Secretary would 4 consider certain evidence or testimony in reaching his de5 termination under section 102 (a) or (b). If the evidence

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or testimony about which the petitioner allegedly was un7 aware was made public pursuant to any provision of this 8 Act or of the Administrative Procedure Act or rule or 9 procedure of the Secretary prior to the proceeding before 10 the Secretary, the petitioner shall prove by clear and con11 vincing evidence that he was unaware of such evidence or 12 testimony. The Secretary may modify his findings as to the 13 facts, or make new findings, by reason of the additional 14 evidence so taken, and he shall file such modified or new 15 findings, and his recommendations, if any, for the modifica16 tion or setting aside of the original order, rule or regulation 17 with the return of such additional evidence.

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"(3) Section 10 of the Administrative Procedure Act shall govern except to the extent that it conflicts with this 20 title."

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On page 7, line 1, strike out "(3)" and substitute 22 "(4)".

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On page 7, line 3, immediately after the comma, insert

24 "rule or regulation,".

Amdts. No. 569