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avallable for the purpose of carrying out this certificate issued by the manufacturer or imtitle.

porter of such motor vehicle or motor vehi"(b) The Secretary is authorized to con- cle equipment, to the effect that such vehiclo duct research, testing, development, and or equipment conforms to all applicable Fedtraining as authorized to be carried out by eral motor vehicle safety standards, unless subsection (a) of this section by making such person knows that such vehicle or grants for the conduct of such research, test equipment does not so conform. ing. development, and training to States, "(9) A motor vehicle or item of motor voInterstate agencies, and nonproat institu- cle equipment ofered for importation in tions.

violation of paragraph (1) of subsection (a) "Src. 107. The Secrotary to authorized to shall be refused admission into the United advise, assist, and cooperate with, other Fed States under joint regulations issued by the eral departments and agencies, and State and Secretary of the Treasury and the Secretary: other interested public and private agencies, except that the Secretary of the Treasury in tbe planning and development of

and the Secretary may, by such regulations, "(1) motor vehicle safety standards; provide for authorizing the importation of

"(2) methods for inspecting and testing to such motor vehicle or item of motor vehicle determine compliance with motor vehicle equipment into the United States upon such Balety standards.

terms and conditions (including the furnish"SEC. 108. (a) No person shall

ing of a bond) as may appear to them appro"(1) manufacture for sale, sell, oder for

priate to insure that any such motor vehicle sale, or introduce or deliver for introduction

or item of motor vehicle equipment will be in Interstate commerce, or import into the

brought into conformity with any applicable United States, any motor vehicle or item of

Federal motor vehicle safety standard premotor vehicle equipment manufactured on

scribed under this title, or will be exported or or after the date any applicable Federal

abandoned to the United States. motor vehicle safety standard takes effect

"(4) The Secretary of the Treasury and under this title unless it 18 in conformity

tho Secretary may, by joint regulations, perwith such standard except as provided in

mit the temporary importation of any motor subsection (b) of this section;

vehicle or item of motor vehicle equipment "(2) fall or refuse access to or copying of

after the Orst purchase of it in good faith for records, or fall to make reports or provide

purposes other than resale. information, or fall or refuse to permit entry

"(6) Paragraph (1) of subsection (a) shall or inspection, as required under section 112;

not apply in the case of a motor vehicle or "(3) fail to issue a certificate required by

Item of motor vehicle equipment intended section 114, or issue a certifcate to the elect

solely for export, and so labeled or tagged on that a motor vehicle or item of motor vehicle

the vehicle or item itself and on the outside equipment conforms to all applicable Federal

of the container, 11 any, which is exported. motor vehicle safety standards, if such per

"(c) Compliance with any Federal motor son in the exercise of due care knows or has

vehicle safety standard issued under this title reason to know that such certiácate 18 false

does not exempt any person from any Uabuor misleading in a material respect:

Ity under common law. "(4) fall to furnish notication of an

"Sec. 109. (a) whoever violates any prodefect as required by section 113.

vision of section 108, or any regulation issued "(b) (1) Paragraph (1) of subsection (a)

thereunder, shall be subject to a civil penalty shall not apply to the sale, the oder for sale,

of not to exceed $1,000 for each such violaor the introduction or delivery for introduc

tion. Such violation of a provision of section tion in interstate commerce of any motor

108, or regulations issued thereunder, aball vehicle or motor vehicle equipment after the

constitute a separate violation with respect Arst purchase of it in good faith for purposes

to each motor vehicle or item of motor vehiother than regale. In order to assure a con

cle equipment or with respect to each fallure tinuing and effective national tramc safety

or refusal to allow or perform an act required program, it is the policy of Congress to en

thereby, except that the maximum civil pencourage and strengthen the enforcement of

alty shall not exceed $400,000 for any related State Inspection of used motor vehicles.

series of violations. Therefore to that end the Secretary shall

"(b) Any such civil penalty may be comconduct & thorough study and investigation

promised by the Secretary. The amount of to determine the adequacy of motor vehicle

ruch penalty, when finally determined, or the safety standards and motor vehicle inspec

amount agreed upon in compromise, may be tion requirements and procedures applicable

deducted from any sums owing by the United to used motor vehicles in each State, and the

States to the person charged. effect of programs authorized by this title

"SEC. 110. (a) The United States district upon such standards, requirements, and pro- courts shall bave jurisdiction, for cause cedures for used motor vehicles, and report shown and subject to the provisions of rule to Congress as soon as practicable but not

65 (a) and (b) of the Federal Rules of Civil later than one year after the date of enact

pear after the date of enact. Procedure, to restrain violations of this title ment of this title, the results of such study. upon petition by the appropriate United and recommendations for such additional States attorney or the Attorney General on legislation as be deems necessary to carry behalf of the United States. Whenever pracout the purposes of this Act. As soon as ticable, the Secretary shall give notice to any practicable after the submission of such re- person against whom an action for injunctive port, but no later than one year from the relief is contemplated and afford him an opdate of submission of such report, the Secre- portunity to present his views, and, except tary, after consultation with the Council and in the case of a knowing and willful violamuch interested public and private agencies

tion, shall afford blm reasonable opportunity and groups as he deems advisable, shall es to achieve compliance. The fallure to give tablish uniform Federal motor vehicle safety such notice and afford such opportunity shall standards applicable to all used motor ve- not preclude the granting of appropriate rebicles. Such standards shall be expressed in Uef. terms of motor vehicle safety performance. "(b) In any proceeding for criminal conThe Secretary is authorized to amend or re- tempt for violation of an injunction or revoke such standards pursuant to this Act. straining order issued under this section,

"(2) Paragraph (1) of subsection (&) shall which violation also constitutes a violation not apply to any person who establishes that of this title, trial shall be by the court or. ho did not know or have reason to know in upon demand of the accused, by a jury. the exercise of due care that such vehicle or such trial shall be conducted in accordance item of motor vehicle equipment is not in with the practice and procedure applicable conformity with applicable Federal motor in the case of proceedings subject to the provehicle safety standards, or to any person visions of rule 42(b) of the Federal Rule of who, prior to ruch Arut purchase, bolds Oriminal Procodure.

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19672

"(c) In all criminal or injunction proceed for introduction into Interstato commerce Ina for the onforcement or to restrain viols or are held for sale after such introduction; tons of this title, subpenas for witnessa who and (2) to inspect, at reasonable times and aro required to attend a court of the United within reasonablo Umits and in a ronsonablo States in any district may run into any other manner, such factory. Warehouse, OT ostabdistrict in any such proceeding.

lishment. Each such inspection shall be "Sec. 111. (a) If any motor vehicle or item commenced and completed with reasonable of motor vehiclo equipment is determined promptness. not to conform to applicablo Federal motor "(c) Every manufacturer of motor vehicles vehicle safety standards, or contains a defect and motor vehicle equipment shall establish which relates to motor vehicle safety, after and maintain such records, make such rethe sale of such vehicle or item of equipment ports, and provide such information as the by a manufacturer or a distributor to a dis Secretary may reasonably require to enable tributor or a dealer and prior to the sale of him to determine whether such manufacsuch vehicle or item of equipment by such turer has acted or to acting in compliance distributor or dealer:

with this title and motor vehicle safety "(1) The manufacturer or distributor, as standards prescribed pursuant to this title the case may be, shall immediately repur and shall, upon request of an omcer or emchase such vehicle or item of motor vehiclo ployce duly designated by the Secretary, perequipment from such distributor or dealer mit such omcer or employee to inspect apat the price paid by such distributor or propriate books, papers, records, and docudealer, plus all transportation charges in- ments relevant to determining whether such volved and a reasonable relmbursement of manufacturer has acted or is acting in comnot less than 1 percentum per month of such pllance with this title and motor vehicle price paid prorated from the date of notico safety standards prescribed pursuant to this of such nonconformance to the date of re- title. purchaso by the manufacturer or distribu "(d) Every manufacturer of motor vetor; or

hicles and motor vehicle equipment shall "(2) In the case of motor vehicles, the provide to the Secretary such performance manufacturer or distributor, as the case may data and other technical data related to perbe, at his own expense, shall immediately formance and safety as may be required to furnish the purchasing distributor or dealer carry out the purpose of this Act. Tho the required conforming part or parts or Secretary is authorized to require the manuequipment for Installation by the distributor facturer to give such notincation of such or dealer on or in such vehicle and for the performance and technical data at the time installation involved the manufacturer shall of original purchase to the first person wbo relmburse such distributor or dealer for the purchases a motor vehicle or item of equipreasonable value of such installation plus & ment for purposes other than resale, as he reasonable relmbursement of not less than 1 determines necessary to carry out the pur per centum per month of the manufacturer's poses of this Act. or distributor's selling price prorated from "(e) All information reported to or otherthe date of notice of such nonconformance to wise obtained by the Secretary or his reprtthe date such vehicle is brought into con- sentativo pursuant to subsection (b) or (c) formance with applicable Federal standards: which information contains or related to A Provided, however, That the distributor or trado secret or other matter referred to in dealer proceeds with reasonable diligence section 1906 af title 18 of the United States with the installation after the required part. Code, shall be considered con idential for the parts or equipment are received.

purpose of that section, except that such "(b) In the event any manufacturer or information may be disclosed to other ondistributor shall refuse to comply with tho cers or employees concerned with carrying requirements of paragraphs (1) And (2) of out this title or when relevant in any prosubeoction (a), then the distributor or dealer. ceeding under this title. Nothing in this

the case may be. to whom guch noncon- section shall authorize the withholding of forming vehicle or equipment has been sold information by the Secretary or any oncar may bring suit against such manufacturer or or employed under his control, from tho duly distributor in any district court of the Unlted authorized committees of the Congress. States in the district in which said manufac

"Sec. 113. (a) Every manufacturer of moturer or distributor resides, or is found, or has tor vehicles shall furnish notiacation of day en agent, without respect to the amount in defect in any motor vehicle or motor vehicle controversy. and shall recover the damage by

equipment produced by such manufacturer him sustained, as well as all court costs plus

which he determines, in good faith, relates TOasonable attorneys' fees. Any action to motor vehicle safety. to the purchaser brought pursuant to this section shall be (where known to the manufacturer) of such forever barred unless commenced within motor vehicle or motor vehicle cquipment, three years after the cause of action shall

within a reasonable time after such manuhave accrued.

facturer has discovered such defect. "(c) The value of such installations and "(b) The notication required by subsec. such reasonable reimbursements as specifed

tion (a) shall be accomplished in subsection (a) of this section shall be axed

"(1) by certided mail to the arst pur. by mutual agreement of the parties, or falling

chaser (not including any dealer of such such agreement, by the court pursuant to tho

manufacturer) of the motor vehicle or motor provisions of subsection (b) of this section. vehicle equipment con

vehicle equipment containing such a defect, "SEC. 112. (a) The Secretary is authorized and to any subsequent purchaser to whom to conduct such inspection as may be neces

has been transferred any warranty on such sary to enforce Federal vehicle safety stand. motor vehicle of motor vehiclo oquipment; ards established under this title. He shall

and furnish the Attorney General and, when ap

(2) by certined mall or other more expropriate, the Secretary of the Treasury any peditious means to the dealer of dealer of information obtained indicating noncom

such manufacturer to whom such motor pliance with such standards for appropriate vehicle or equipment was delivered. Action.

"(c) The notification required by subsec"(b) For purposes of enforcement of this tion (a) shall contain a clear description of title, omcers or employees duly designated such defect, an evaluation of the rbak to by the Secretary, upon presenting appro- tramc safety reasonably related to such dopriate credentials and a writton notice to rect, and a statement of the measure to be the owner, operator, or agent in charge, Adotaten to repair such defect. authorized (1) to enter, at reasonable timo,."(d) Every manufacturer of motor voany factory, warehouse, or establishment in bicies shall furnish to the Secretary which motor vehicles or items of motor ve promptly a true and representative copy a

hicle equipment are manufactured, or held any notice, bulletin, or ilke written commu.

19673

alations to the dealers of such manulacturer or purchasen and use of such manu. facturer's products regarding the edstenco or correction of any defect in motor vehicles or items of motor vehiclo equipment as deUvered by such manufacturer. I the Secretary determines that such defect is a safety defect he shall review with the manufacturer the action taken and proposed to be taken to accomplish efective notincation of purchas. ers and users. If the action taken and proposed to be taken by the manufacturer with respect to a safety defect is inadequate to accomplish effective notiacation of purchascro and users, the Secretary shall order the manufacturer to take such further measures as are reasonable and necessary to accomplish such notice and, if the manufacturer does not comply promptly with such order, an injunction to compel compliance may be sought in accordance with the provisions of section 110(a). The Secretary may determine after such review whether publication by him of the information contained in such notices, bulletins, communications relating to a safety defect will result in effecting & substantial additional number of corrections, and if the Secretary so determines, he shall disclose to the public so much of the information contained in such notices or other information obtained under section 112(a) as he considers necessary for such purpose. The Secretary shall not disclose any information which contains or related to & trade secret or other matter referred to in section 1905 of title 18 of the United States Code unless he determines that such disclosure is necessary for such purposes.

"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 certincation that each such vehiclo or item of motor vehicle equipment conforms to all applicable Federal motor vehiclo safety standards. In the case of an Item of motor vehicle equipment such certincation 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 dollvered. In the case of a motor vehicle such certifcation shall be in the form of a label or tag permanently amxed to such motor vehiclo.

"Sec. 115. The Secretary shall carry out the provisions of this Act through a National Tramc Safety Agency (hereinafter referred to as the "Agency"), which he shall establish in the Department of Commerce. The Agency shall be headed by a Tramc Safety Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compengated at the rato 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 Atness to discharge emciently the powers and the duties delegated to him pursuant to this Act. The Administrator shall have no pecuniary interest in or own any stock in or bonds of any enterprise involved in (1) Manufacturing motor vehicles or motor vehicle equipment, or (2) constructing highways, nor shall bo engage in any other business, vocation, or employment. The Administrator sball 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 law, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such law,

"Sec. 117. (A) The 'Act entitled 'An Act to provide that bydraulic brake duia 'sold or shipped in commerce for use in motor ve

hicles xball meet certain speciAcations prescribed by the Secretary of Commerce', approved September 5, 1962 (76 Stat. 437; Pubuc Law 87-837), and the Act entitled 'An Act to provide that beat belts sold or shipped in interstate commerce for uso in motor vehicles shall meet certain safety standards', approved December 13, 1963 (77 Stat. 361; Pubuc Law 88-201), are hereby repealed.

"(b) 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 us in edect on the date such violation occurred.

"(c) All standards lasued 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 efect as if they had been effectively issuod 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 18 pending at the time this section takes effect shall be continued by the Secretary as 11 this section had not been enacted, and orders issued in any such proceeding shall continue in efect as 11 they had been efectively 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 elect, 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 efect as 11 this section had not been enacted. No suit, action, or other proceeding lawfully commenced by or against any agency or omcer of the United States in relation to the discharge of onclal duties under any provision of law repealed by subsection (&) of this section shall abate by reason of such repeal, but the court, upon motion or supplemental petition Aled 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 sanie to be maintained.

"SEC. 118. The Secretary, in exercising the authority under this title, shall utilize the services, research and testing facilities of other Federal departments and 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 & 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 Pederal 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) en analysis and evaluation, including relevant policy recommendations, of research activities completed and technological progress achieved during such year; and (6) the ex

tent to which technical information was dis- with industry and the Federal Trade Comseminated to the scientidc community and mission to the maximum extent practicablo consumer-oriented information was made in efforts to eliminate doceptive and contusavallable to the motoring pubuc.

ing tre nomenclature and marketing prac"(b) The report required by subsection tices. (a) of this section shall contain such rec

"TITLE -ACCIDENT AND INJURY RESEARCH ommendations for additional legislation as

AND TEST FACILITY the Secretary deems necessary to promote

"Bec. 801. The Secretary of Commerce 18 cooperation among the several states in the Improvement of tra mc balety and to

hereby authorized to make a complete instrengthen the national tramc safety pro

vestigation and study of the neec. for a facil.

ity or facilities to conduct research, developkram. "SEC. 121. (a) There is authorized to be

ment, and testing in tramc safety (including appropriated for the purpose of carrying out

but not limited to motor vehicle and highthe provisions of this title, other than those

way safety) authorized by law, and research, related to wre safety, not to exceed $11,000,000

development, and testing relating to the for Ascal year 1967, 617,000,000 for Oscal year

safety of agricultural machinery used on 1968, and $23,000,000 for the ascal year 1969,

highways or in connection with the mainteand funds appropriated under this authority

nance of highways (with particular emphasis shall remain avallable until expended.

on tractor safety) as he deems appropriate "(b) There is authorized to be appropri

and necessary. ated for the purpose of carrying out the pro

"Bec. 302. The Secretary shall report the visions of this title related to tire safety and

results of his investigation and study to Conutle II, not to exceed $2,900,000 for Oscal year

gress not later than December 31, 1967. Such 1967, and $1,450.000 per fiscal year for the

report shall include but not be Umited to (1) fiscal years 1968 and 1969.

an inventory of exsting capabilities, equip"Sec. 122. The provisions of this title for

meat, and facilities, elther publicly or pricertification of motor vehicles and items of

vately owned or operated, which could be motor vehicle equipment shall take effect on

made available for use by the Secretary in the effective date of the first standard ac

carrying out the safety research, developtually issued under section 103 of this title.

ment, and testing referred to in section 301,

(2) recommendations as to the site or sites "TITLE 11-TIRE SAFETY

for any recommended facility or faciuties, (3) "SEC. 201. In all standards for pneumatic preliminary plans, specifications, and draw. tires established under title I of this Act, the ings for such recommended facility or facilSecretary shall require that tires subject ities (including major research, development, thereto be permanently and conspicuously and testing equipment), and (4) the estilabelod with such safety information as be mated cost of the recommended sites, facildetermines to be necessary to carry out the ities, and equipment. purposes of this Act. Such labeling shall "SEC. 303. There is hereby authorized to be include

appropriated not to exceed $3,000,000 for the "(1) suitable identifcation of the manu- investigation, study, and report authorized facturer, or in the case of a retreaded tire by this title. Any funds so appropriated shall suitable identification of the retreader, un remain avallable until expended. less the tire contains a brand name other

"TITLE IV-NATIONAL DRIVER REGISTER than the name of the manufacturer in which

"SEC. 401. The Act entitled 'An Act to procase it shall also contain a code mark which would permit the seller of such tre to iden

vide for a register in the Department of Comtify the manufacturer thereof to the pur

merce in which shall be listed the names of chaser upon his request.

certain persons who have had their motor "(2) the composition of the material used

vehicle operator's licenses revoked', approved in the ply of the tire.

July 14, 1960, as amended (74 Stat. 526; 23 "(3) the actual number of plies in the

U.S.C. 313 note). is hereby amended to read tire.

as follows: "(4) the maxdmum permissible load for the

" "That the Secretary of Commerce shall es

tablish and maintain a register identifying "(5) a recital that the tire conforms to

each individual reported to him by a State, Federal minimum safe performance stand

or political subdivision thereof, as an individards, except that in lieu of such recital the

ual with respect to whom such State or poli

tical subdivision has denied, terminated, or Secretary may prescribe an appropriate mark or symbol for use by those manufacturers or

temporarily withdrawn (except & withdrawal

for less than six months based on a series of retreaders who comply with such standards. The Secretary may require that additional

nonmoving violations) an individual's license safety related information be disclosed to

or privilege to operate & motor vehicle. the purchaser of a tire at the time of sale of

"'SEC. 2. Only at the request of a State, & the tire.

political subdivision thereof, cr & Federal de"SEC. 202. In standards established under

partment or agency. shall the Secretary furtitle I of this Act the Secretary shall require

nish information contained in the register es

tablished under the first section of this Act, that each motor vehicle be equipped by the

and such information shall be furnished only manufacturer or by the purchaser thereof at

to the requesting party and only with respect the time of the first purchase thereof in good

to an individual applicant for a motor vehicle Iaith for purposes other than resale with

operator's license or permit. tires which meet the maximum permissible

" 'Sec. 3. As used in this Act, the term load standards when such vehicle is fully loaded with the maximum number of pas

'State Includes each of the several States, the sengers It is designed to carry and a reason

Commonwealth of Puerto Rico, the District

of Columbia, Guam, the Virgin Islands, the able amount of luggage.

Canal Zone, and American Samoa."" "SEC. 203. In order to assist the consumer to make an informed choice in the purchase The SPEAKER. The question is on of motor vehicle tires, within two years after

the motion of the gentleman from West the enactment of this title, the Secretary

Virginia. shall, through standards established under title I of this Act, prescribe by order, and

The motion was agreed to. publish in the Federal Register, a uniform The Senate bill was ordered to be read quality grading system for motor vehicle & third time. was read the third time, tires. Such order shall specify the date such

and passed, and a motion to reconsider system is to take effect which shall not be

was laid on the table. sooner than one hundred and eighty days or later than one year from the date such order A similar House bill (HR. 19228) was 18 issued. The Secretary shall also cooperate laid on the table.

tire.

Extracted from

Congressional Record, Daily Digest, Senate
Vol. 112, D808, August 25, 1966

Correction - Auto Safety: In the Daily Digest of August 24, 1966, on page D800, the Digest inadvertently listed the House as insisting on its amendments to S. 3305. Actually, the House insisted on its amendments to S. 3005, to establish motor vehicle safety standards; agreed to a conference with the Senate; and appointed as conferees Representatives Staggers, Friedel, Macdonald, Moss, Dingell, Rogers of Florida, Springer, Younger, and Devine.

Pages 20372-20373

Congressional Record-House
August 24, 1966, 20372—20373

TRAFFIC SAFETY ACT OF 1900
Mr. STAGGERS. Mr. Speaker, I not
unanimous consent to take from the
Speaker's table the bw (8. 3005) to pro-
vide for a coordinated national safety
program and establishment of safety
standards for motor vehicles in inter-
state commerce to reduce accidents in-
yolyn motor vehicles and to reduce the
deaths and injuries occurring in such ac-
cidents, together with House amend-

ments thereto, and insist on the House
amendments and agree to the conference
requested by the Senate

The SPEAKER. Is there objection to
the request of the gentleman from West
Virginia ? The Chair hears none, and
appoints the following conferees: Messrs.
STAGGERS, FRIEDEL, MACDONALD, Moss,
DINGELL, ROGERS of Florida, SPRINGER,
YOUNGER, and DEVINE.

20373

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