are the people who work for these manufacturers and the manufacturersI wonder whether he feels that something more definite ought to be done in this regard, and if he would care to offer an amendment to assure that these people are going to have time to make these changes, and produce the automobiles, without serious financial loss? Mr. DINGELL. I would say to my good friend that I believe the legislation as drawn is reasonable legislation. I recognize that the auto industry, which is the largest single employer in my district, is going to be compelled to conform to good manufacturing practices, and they are simply going to have to manufacture good, safe motor vehicles. I would say they have made a sincere effort over the years to carry out this purpose. I think there is no evidence on record that is in any way persuasive that they have in any way deliberately or willfully or wantonly or negligently or carelessly manufactured unsafe motor vehicles. The only thing they seek is legislation which will afford them reasonable time to comply with the safety standards that the Secretary is going to impose. I am satisfied that he will on the basis of the colloquy with my chairman, and also on the basis of my own reading, that it is fully intended that, where a reasonable man would say that these requirements cannot be complied with within the time, that the Secretary not only has the authority, but that he will use that authority to see it to that adequate time is afforded to the industry to comply. Mr. CUNNINGHAM. If the gentleman will yield further, I will agree, but I will say that they are not always reasonable. would not behave reasonably and well under the circumstances. But I would rather point out to my good friend that such is going to be a rarity, and we have put into the bill for this very reason a requirement of the Administrative Procedure Act which must be complied with by the Secretary, and a clear authorization for the industry to appeal in the event the Secretary acts arbitrarily or capriciously, or that he overreaches the ordinary and reasonable bounds for good judgment and reasonable behavior. Mr. CUNNINGHAM. My only inter- 19650 est was to determine, since the gentleman comes from an area that is primarily concerned, whether he is satisfied. If he is satisfied, it is all right with me. Mr. DINGELL. As long as the bill is interpreted reasonably, I do not believe I could assert any objection either to the legislation or to the manner in which it happens to be carried out. That, of course, was the principal purpose of my taking the floor. Mr. MOSS. Mr. Chairman, will the gentleman yield? Mr. DINGELL. I yield to the gentleman from California. Mr. MOSS. It is clearly not the intent that unreasonable standards be imposed. Mr. DINGELL. The gentleman is absolutely correct. Mr. MOSS. It is not intended by the colloquy the gentleman has engaged in with such finite care that we place the stamp of approval upon a dragging of the feet by the industry. Mr. DINGELL. The gentleman is absolutely correct on that point. I would not look with any kindness, nor would the committee, on a dragging of the feet Mr. DINGELL. I can say to the gen- or any rascality of that kind, and I am tleman that I can conceive of a situation satisfied that the industry would not enwhere possibly some Secretary of Trans-gage in that kind of practice. portation or Secretary of Commerce House Committee Report House Report 1776, Page 16 Administrative Procedure Act.-Section 103(b) of the reported bill makes the Administrative Procedure Act applicable to all orders establishing, amending, or revoking a Federal motor vehicle safety standard under this title. The Secretary may utilize either the informal rulemaking procedures of section 4 of the APA or the more formal and extensive procedures of that act, whichever is more appropriate in a given situation. He must, however, establish a record which shall be the basis for his actions. Senate Passed Act Congressional Record-Senate Interim Federal motor vehicle safety SEC. 102. (a) Subject to the provisions of this section, on or before January 31, 1967. the Secretary shall prescribe, by order, and publish in the Federal Register interim motor vehicle safety standards for motor vehicles and motor vehicle equipment, which shall be based upon existing public and private safety standards. (b) Interim standards prescribed pursuant to this section shall become effective on a date specified by the Secretary which shall be no sooner than one hundred and eighty days nor later than one year from the date on which such standards are published. Such standards shall remain in effect until new and revised Federal motor vehicle safety standards become effective pursuant to section 103. (c) In prescribing interim standards under this section, the Secretary shall (1) consult with the Vehicle Equipment Safety Commission, with other State and interstate agencies (including legislative committees), with motor vehicle and motor vehicle equipment manufacturers, and with scientific, technical, business, and consumer organizations, as he deems appropriate. (2) consider, in the light of available technical information, whether any such proposed standard reasonable, practicable, and appropriate for the particular type of motor vehicle or item of motor vehicle equipment for which it is prescribed; and (3) consider the extent to which such standards will contribute to carrying out the purposes of this Act. Revised Federal motor vehicle safety standards SEC. 103. (a) Subject to the provisions of this section, on or before January 31, 1968, the Secretary shall prescribe, by order, in accordance with sections 3, 4, and 6 of the Administrative Procedure Act (5 U.S.C. 1002, 1003, 1005) new and revised motor vehicle safety standards for motor vehicles and motor vehicle equipment. (b) Standards prescribed pursuant to this section shall become effective on a date specified by the Secretary which shall be no sooner than one hundred eighty days nor later than one year from the date on which such standards are published, except that, for good cause shown, the Secretary may specify a later effective date, and in such event he shall publish his reasons therefor. (c) In prescribing standards under this section, the Secretary shall (1) consider relevant available motor vehicle safety data, including the results of research, development, testing and evaluation activities conducted pursuant to this Act; (2) consult with the Vehicle Equipment Safety Commission, and such other State or agencies (including legislative committees) as he deems appropriate, which interstate consultation shall include (A) informing the Commission and other agencies of all proposed Federal vehicle safety standards and amendments thereto and (B) affording such Commission and other agencies an opportunity to study and comment on such standards and amendments; (3) consider whether any such proposed standard is reasonable, practicable and appropriate for the particular type of motor vehicle or item of motor vehicle equipment for which it is prescribed; and (4) consider the extent to which such standards will contribute to carrying out the purposes of this Act. (d) The order prescribing standards pursuant to this section shall include as part of the concise general statement of the basis and purpose of such standards (required by section 4(b) of the Administrative Procedure Act) the following: (1) A statement of the principal purpose of any such standard, written in language capable of being understood by the general public; (2) Wherever appropriate to a particular standard, a statement of the range of operating conditions for which such standard is deemed effective; and (3) A technical statement which sets forth the data necessary to an evaluation of the standard by persons competent in the particular technical area involved. (e) For the purposes of this section interested persons afforded an opportunity to participate in the rule-making process to prescribe or amend standards under this section shall include manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment, public and private organizations and individuals engaged to a significant extent in the promotion or study of motor vehicle safety and automobile insurance underwriters. istrative Procedure Act shall be construed (1) Nothing in this title or in the Adminto make sections 7 and 8 of such Act applicable to proceedings under this title. (g) In prescribing standards under this section for any motor vehicle of substantially 14257 the same type and specifications as a vehicle subject to safety regulations under part II of the Interstate Commerce Act, as amended (19 U.S.C. 301 et seq.), the Secretary shall not adopt standards which differ in substance from the safety regulations issued pursuant to such Act. (h) The Secretary shall review the motor vehicle safety standards prescribed pursuant to this section at least once every two years, and may, to the extent necessary to carry out the purposes of this Act, by order, amend, such standards in accordance with the procedural requirements set forth in this section. Each such amendment shall become effective on the date specified by the Secretary which shall be no sooner than one hundred and eighty days nor later than one year from the date on which such amendment is published, except that, for good cause shown, the Secretary may specify a later effective date, and in such event he shall publish his reasons therefor. Senate Debate Congressional Record-Senate Mr. MAGNUSON. The Senate bill spelled out in some detail certain of the administrative procedures to be followed in the promulgation of standards; while the House bill made the provisions of the Administrative Procedure Act generally applicable. It was the judgment of the conferees that there were no substantial differences between the procedures in the bills with respect to such matters as the requirements for participation of interested persons in the rulemaking process. The Senate had specified that issued standards be supported by a technical statement and an explanation of its principal purpose that is capable of being understood by the general public. These specific conditions were deleted by the conferees for simplicity, but it was agreed that they were consistent with the general meaning of section 4(b) of the Administrative Procedure Act. With respect to sections 7 and 8 of the Administrative Procedure Act, which apply to formal hearings, the Senate bill had expressly provided that these sections would not apply to standardsetting procedures under the act. It was the clear understanding of the conferees, however, that under the language of the House bill, the Secretary will utilize the informal rulemaking procedures of section 4 of the Administrative Procedure Act; and that he need hold a formal hearing under sections 7 and 8 only if he determines that such hearing is desirable. Senate Committee Report Senate Report 1301, Pages 7 and 8 PROCEDURES FOR THE PROMULGATION OF SAFETY STANDARDS In establishing standards, the Secretary is required to comply with the rulemaking procedures of the Administrative Procedure Act (sec. 103(a)). (The bill contemplates a streamlined rulemaking process for the establishment of interim standards (sec. 102).) The Secretary is not required to comply with sections 7 and 8 of APA requiring formal hearing. The APA (sec. 103(f)), must maintain a record of the evidence and comments on which he bases the standards (sec. 118). The Secretary is directed to consult with the Vehicle Equipment Safety Commission, and such other State and interstate agencies, including legislative committees, as he deems appropriate (sec. 103 (c)), in order to utilize the experience existing in the States and to encourage them to adopt standards which are identical to the Federal ones (sec. 104). The committee is mindful of the contribution which the States have made toward the development of vehicle safety standards over the years and expects this contribution to continue in a consultative role. The Vehicle Equipment Safety Commission is specifically mentioned because 44 States and the District of Columbia are members of this organization, and it is the major existing agency which has authority to propose uniform vehicle safety standards for the member States to consider for adoption. It is, of course, not intended that such consultation should delay or otherwise impede the Secretary's development and promulgation of standards. The Secretary would be expected to give public notice of any proposed new or revised safety standards and to notify directly the Vehicle Equipment Safety Commission, and such other State or interstate agencies (including legislative committees) as he deems appropriate, and to set a reasonable time for public comment to give the Commission, and other agencies and interested persons opportunity to study and comment on the proposals (sec. 103(c) (2)). In addition, the bill expressly includes as persons to be afforded an opportunity to participate in the standard-setting process, manufacturers, distributors and dealers of motor vehicles and motor vehicle equipment, public and private organizations, individuals engaged to a significant extent in the promotion or study of motor vehicle safety, and automobile insurance underwriters (sec. 103(e)). In issuing each standard, the Secretary is expressly required to publish a statement of basis and purpose which provides a nontechnical explanation sufficient to enable the public to understand 8 the purpose and, where appropriate, the limitations of the standard's coverage together with a technical statement setting forth the data necessary to an evaluation of the standard by competent technical personnel (sec. 103(d)). Any person who believes himself to be adversely affected by the promulgation of a standard may obtain judicial review, in accordance with section 10 of the Administrative Procedure Act (sec. 105). The Administrative Procedure Act sets forth the long-established criteria for judicial review of agency action and provides that agency findings shall be upheld if supported by substantial evidence on the record considered as a whole. That act also authorizes the reviewing court to stay the agency action pending review to the extent necessary to prevent irreparable injury. Executive Communications Contains nothing helpful. As Introduced As H.R. 13228 in the House and S. 3005 in the Senate: 18 19 9 10 11 12 13 14 15 10 FEDERAL MOTOR VEHICLE SAFETY STANDARDS SEC. 102. (a). (4) the degree of effective compliance with respect to any existing motor vehicle safety standard is insuffi- (c) The Secretary, from time to time, and subject to 11 section 4 of the Administrative Procedure Act, may by order 12 amend or withdraw Federal motor vehicle safety standards 13 issued under this section. (c) Each order establishing a Federal motor vehicle safety standard shall specify the date such standard is to take effect which shall not be sooner than one hundred and eighty 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. Effective date. 2 |