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tured, or held for introduction into interstate commerce or are helil for sale after such introduction; anı (2) to inspect, at reasonable times anıl within reasonable limits and in a reasonable manner, such factory, warehouse, or establishment. Each such inspection shall be commencell and completell with reasonable promptness.
(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such recorils, make such reports, and proviile such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employre duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribedl pursuant to this title.
(d) Every manufacturer of motor vehicles and motor vehicle equipment shall provide to the Secretary such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this Act. The Secretary is authorized to require the ma“ ufacturer to give such notification of such performance and technical datą, at the time of original purchase to the first person who purchases a motor vehicle or item of equipment for purposes other than resale, as he determines necessary to carry out the purposes of this Act.
(e) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (6) or (c) which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer of employee under his control, from the duly authorized committees of the Congress.
Sec. 113. (a) Every manufacturer of motor vehicles shall furnish notification of any defect in any motor vehicle or motor vehicle equipment produced by such manufacturer v:hich he determines, in good faith, relatex to motor vehicle safety, to the purchaser (where known to the manufacturer) of such motor vehicle or motor ichicle equipment, within a reasonable time after such manufacturer has discovered such clefect. (6) The notification required by subsection (a) shall be accomplished
(1) by certified mail to the first purchaser (not including any dealer of such manufacturer) of the motor rehicle or motor vehicle equipment containing such a defect, and to any subsequent purchasei to whom has been transferred any warranty on such motor rehicle or motor vehicle equipment; and
(2) by certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such motor vehicle or
equipment was delivered. (c) The notification required by subsection (a) shall contain a clear description of such defect, an evalvation of the risk to traffic safety reasonably related to such defect, and a statement of the measures to be taken to repair such defect.
(d) Every manufacturer of motor vehicles shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of motor vehicles or motor vehicle equipment of such manufacturer regarding any defect in such vehicle or equipment sold or serviced by such dealer. The Secretary shall disclose 80 much of the information contained in such notice or other information obtained under section 112(a) to the public as he deems will assist in carrying out the purposes of this Act, but he shall not disclose any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this Act.
(e) If through testing, inspection, investigation, or research carried out pursuant to this title, or examination of reports pursuant to subsection (c) of this section, or otherwise, the Secretary determines that any motor vehicle or item of motor vehicle equipment
(1) does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to section 103; or
(2) contains a defect which relates to motor vehicle safety; then he shall immediately notify the manufacturer of such motor vehicle or item of motor vehicle equipment of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance or that the alleged defect does not affect motor vehicle safety. If after such presentation by the manufacturer the Secretary determines that such vehicle or item of equipment does not comply with applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, the Secretary shall direct the manufacturer to furnish the notification specified in subsection (c) of this section to the purchaser of such motor vehicle or item of motor vehicle equipment as provided in subsections (a) and (6) of this section.
Sec. 114. Every manufacturer or distributor of a motor vehicle or motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such vehicle or equipment by such manufacturer or distributor the certification that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. In the case of an item of motor vehicle equipment such certification may be in the form of a label or tag on such item or on the outside of a container in which such item is delivered. In the case of a motor vehicle such certification shall be in the form of a label or tag permanently affirell to such motor vehicle.
Sec. 115. The Secretary shall carry out the provisions of this Act through a National Traffic Safety Agency (hereinafter referred to us the “Agency”), which he shall establish in the Department of Commerce.
The Agency shall be headed by a Traffic Safety Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate prescribed for level V of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964. The Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness to discharge efficiently the powers and the duties delegated to him pursuant to this Act. The Administrator shall perform such duties as are delegated to him by the Secretary.
Sec. 116. Nothing contained herein shall be deemed to exempt from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws.
Sec. 117. (a) The Act entitled “An Act to provide that hyılraulic brake fluid solil or shipped in commerce for use in motor vehicles shall meet certain specifications prescribed by the Secretary of Commerce”, approred September 5, 1962 (76 Stat. 437; Public Law 87-637), and the Ict entitled “An Act to provide that seat belts sold or shipped in interstate commerce for use in motor vehicles shall meet certain safety standards”, approved December 13, 1963 (77 Stat. 361; Public Law 88-201), are hereby repealed.
(6) Whoever, prior to the date of enactment of this section, knowingly and willfully violates any provision of law repealed by subsection (a) of this section, shall be punished in accordance with the provisions of such laws as in effect on the date such violation occurred.
(c) All standards issued under authority of the laws repealed by subsection (a) of this section which are in effect at the time this section takes effect, shall continue in effect as if they had been effectively issued under section 103 until amended or revoked by the Secretary, or a court of competent jurisdiction by operation of law.
(d) Any proceeding relating to any provision of law repealed by subsection (a) of this section which is pending at the time this section takes effect shall be continued by the Secretary as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect as if they had been effectively issued under section 103 until amended or revoked by the Secretary in accordance with this title, or by operation of law.
(e) The repeals made by subsection (a) of this section shall not affect any suit, action, or other proceeding lawfully commenced prior to the date this section takes effect, and all such suits, actions, and proceedings, shall be continued, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this section had not been enacted. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States in relation to the discharge of official duties under any provision of law repealed by subsection (a) of this section shall abate by reason of such repeal, but the court, upon motion or supplemental petition filed at any time within 12 months after the date of enactment of this section showing the necessity for the survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained.
Sec. 118. The Secretary, in exercising the authority under this title, shall utilize the services, research and testing facilities of public agencies to the maximum extent practicable in order to avoid duplication.
Sec. 119. The Secretary is authorized to issue, amend, and revoke such rules and regulations as he deems necessary to carry out this title.
Sec. 120. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on March 1 of each year a comprehensive report on the administration of this Act for the preceding calendar year. Such report shall include but not be restricted to (1) a thorough statistical compilation of the accidents and injuries occurring in such year; (2) a list of Federal motor vehicle safety standards prescribed or in effect in such year; (3) the degree of observance of applicable Federal motor vehicle standards; (4) a summary of all current research grants and contracts together with a description of the problems to be considered by such grants and contracts; (5) an analysis and evaluation, including relevant policy recommendations, of research activities completed and technological progress achieved during such year; and (6) the extent to which technical information was disseminated to the scientific community and consumeroriented information was made available to the motoring public.
(6) The report required by subsection (a) of this section shall contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of traffic safety and to strengthen the national traffic safety program.
ŠEC. 121. (a) There is authorized to be appropriated for the purpose of carrying out the provisions of this title, other than those related to tire safety, not to exceed $11,000,000 for fiscal year 1967, $17,000,000 for fiscal year 1968, and $23,000,000 for the fiscal year 1969.
(6) There is authorized to be appropriated for the purpose of carrying out the provisions of this title related to tire safety and title II, not to exceed $2,900,000 for fiscal year 1967, and $1,450,000 per fiscal year for the fiscal years 1968 and 1969.
Šec. 122. The provisions of this title for certification of motor vehicles and items of motor vehicle equipment shall take effect on the effective date of the first standard actually issued under section 103 of this title.
TITLE 11-TIRE SAFETY Sec. 201. In all standards for pneumatic tires established under title I of this Act, the Secretary shall require that tires subject thereto be permanently and conspicuously labeled with such safety information as he determines to be necessary to carry out the purposes of this Act. Such labeling shall include
(1) suitable identification of the manufacturer, or in the case of a retreaded tire suitable identification of the retreader, unless the tire contains a brand name other than the name of the manufacturer in which case it shall also contain a code mark which would permit the seller of such tire to identify the manufacturer thereof to the purchaser upon his request.
(2) the composition of the material used in the ply of the tire.
(5) a recital that the tire conforms to Federal minimum safe performance standards, except that in lieu of such recital the Secretary may prescribe an appropriate mark or symbol for use by those man 11
facturers or retreaders who comply with such standards. The Secretary may require that additional safety related information be disclosed to the purchaser of a tire at the time of sale of the tire.
Sec. 202. In standards established under title I of this Act the Secretary shall require that each motor vehicle be equipped by the manufacturer or by the purchaser thereof at the time of the first purchase thereof in good faith for purposes other than resale with tires which meet the marimum permissible load standards when such vehicle is fully loaded with the maximum number of passengers it is designed to carry and a reasonable amount of luggage.
SEC. 203. In order to assist the consumer to make an informed choice in the purchase of motor vehicle tires, within two years after the enactment
of this title, the Secretary shall, through standards established under title I of this Act, prescribe by order, anal publish in the Federal Register, a uniform quality grading system for motor vehicle tires. Such order shall specify the date such system is to take effect which shall not be sooner than one hundred and cighty days or later than one year from the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding. The Secretary shall also cooperate with industry and the Federal Traile Commission to the maximum extent practicable in efforts to eliminate deceptive and confusing tire nomenclature and marketing practices.
Sec. 20.4. (a) No person shall sell, offer for sale, or introduce for rule or deliver for introduction in interstate commerce, any tire oromotor rehicle equippeil with any tire which has been regroorell, except that the Secretary may by oriler permit the sale of regroorell tires and motor vehicles equipped with regroorell tires which he finals are designed and constructeil in a manner consistent with the prirposes of this let.
(6) l'iolations of this section shall be subject to ciril penalties and injunction in accorlance with sections 10:9 anil 110 of this Act.
(c) For the purposes of this section the term “regroorell tire” means al tire on which a new treail has been produceel by critting into the trearl of a worn tirc.
Sec. 205. In the event of any conflict between the requirements of orders or regulations issued by the Secretary under this title and title I of this
Ict applicable to motor rehicle tires and orders or alministrative interpretations issiled by the Federal Trade Commission, the provisions of orilers or regulations issued by the Secretary shall prevail.
TITLE 111-ACCIDENT AND INJURY
RESEARCH AND TEST FACILITY Sec. 301. The Secretary of Commerce is hereby authorized to make a complete investigation and study of the need for a facility or facilities to conduct research, development, and testing in traffic safety (including but not limited to motor vehicle and highway safety) authorized by law, and research, development, and testing relating to the safety of machinery used on highways or in connection with the maintenance of highways (with particular emphasis on tractor safety) as he deems appropriate and necessary.
Sec. 302. The Secretary shall report the results of his investigation and study to Congress not later than December 31, 1967. Such report shall include but not be limited to (1) an inventory of existing capabilities, equipment, and facilities, either publicly or privately owned or operated, which could be made available for use by the Secretary in carrying out the safety research, development, and testiny referred to in section 301, (2) recommendations as to the site or sites for any recommended facility or facilities, (3) preliminary plans, specifications, and drawings for such recommended facility or facilities (including major research, development, and testing equipment), and (4) the estimated cost of the recommended sites, facilities, and equipment.
Sec. 303. There is hereby authorized to be appropriated not to exceed $3,000,000 for the investigation, study, and report authorized by this title. Any funds so appropriated shall remain available until expended.