Page images
[ocr errors]

likely to be adversely affected in fact by the motor vehicle


safety standard and shall include but shall not be limited to

3 manufacturers, distributors and retail vendors of motor re

4 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 under

7 writers; and current owners or users of motor vehicles.

[ocr errors]
[ocr errors]

8 “(5) 'A concise general statement of their basis and 9 purpose', as used in section 4 (b) of the Jdministrative 10 Procedure Act, shall for the purposes of this title mean the 11 following: 12 “(A) A statement of the principal reasons for the 13 adoption of the standard, written in language under

standable 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 arca in


“(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

i ings pursuant to section 102 (c), whenever any State shall

2 petition loy 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. 7 (7) Nothing in this title or in the Administrative Pro8 cedure Act shall be construed to make sections 7 and 8 of 9 such Act applicable to proceedings under this title. 10 “(a) A Federal motor vehicle safety standard issued

pursuant to section 102 (1) shall become effective on a date 12 specified by the Secretary in such standard, which shall be

[ocr errors]
[ocr errors]

13 no sooner than one hundred and eighty dar's nor later than


[ocr errors]

one year from the date on which the standard is issued,

[ocr errors]



wless the Secretary linds, stating liis reasons therefor that


ani carlier date is in the public interest, then he may specify

17 such carlier date. If the Secretary finds, stating his findings 18 and reasons, that such standard or amendment (or with

19 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.

“(e) From the date of enactment of this Act, no State

24 or political subdivision thereof shall establish a motor vehi

25 cle safety standard for motor vehicles or items of motor 1 vehicle equipment, which differs from it Fcleral 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 pomislıment 5 for an act of noncompliance therewith shall be null and void

6 and of no offert. Ilowever, nothing herein shall be constrica

7 to prevent a State or political subdivision thereof, or the 8 Fcleral Government from establishing requirements more 9 stringent than a Federal motor vehicle safety standard for 10 the esclusive purpose of its own procurement. Nothing 11 herein shall be construed to prevent : State or political sub

12 division thereof, or illt appropriate federal :11thority, from


establishing inspection staundards or maintenance l'equure

ments for motor vehicles ownical or operated in that State:


Provided, That no such standard or requirement shall establislı any requirement that could not be satisfied by any motor l'elicle or item of motor vehicle cquipment complying with the Federal motor vehicle safety standards issued pursuant

to this title or complying with any valid current motor


vehicle safety standard of the respective State or political subdivision thereof.


“SEC. 103. (a) (1) Any order. rnle, or regulation,

affirmative or negative, issued by the Secretary pursuant to

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

[ocr errors]
[ocr errors]


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.

“(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



[ocr errors]
[ocr errors]

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 (h). If the evidence

6 or testimony about which the petitioner allegedly was in

dware was

[ocr errors]
[ocr errors]


7 aware was made public pursuant to any provision of this 8 Actor of the Administrative Procedure lct 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 waware of such evidence or 12 testimony. The Secretary mary modify his findings as to the 13 facts, or make new findings. boy reason of the additional


evidence so taken, ind he shall file such modified or new


findings, and his recommendations, if any, for the modifica


tion or setting aside of the original order, rule or regulation

17 with the return of such additional evidence.


“(3) Section 10 of the Administrative Procedure Act


shall govern except to the extent that it conflicts with this

20 title.” 21 On page 7, line 1, strike ont “ (3)" ana substitute 22 “()”. 23 On page 7, line :3, imnicdiately after the comma, insert

21 “rule or regulation,”.

Amdts. No. 5692

« PreviousContinue »