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are—the people who work for these would not behave reasonably and well manufacturers and the manufacturers under the circumstances. But I would I wonder whether he feels that some- rather point out to my good friend that thing more definite ought to be done in such is going to be a rarity, and we have this regard, and if he would care to of- put into the bill for this very reason fer an amendment to assure that these & requirement of the Administrative people are going to have time to make Procedure Act which must be complied these changes, and produce the automo- with by the Secretary, and a clear aubiles, without serious financial loss? thorization for the industry to appeal in

Mr. DINGELL. I would say to my the event the Secretary acts arbitrarily good friend that I believe the legislation or capriciously, or that he overreaches as drawn is reasonable legislation. I the ordinary and reasonable bounds for recognize that the auto industry, which good judgment and reasonable behavior. is the largest single employer in my dis- Mr. CUNNINGHAM. My only inter- 19650 trict, is going to be compelled to con- est was to determine, since the gentleform to good manufacturing practices, man comes from an area that is priand they are simply going to have to marily concerned, whether he is satismanufacture good, safe motor vehicles. fied. If he is satisfied, it is all right with I would say they have made a sincere me. effort over the years to carry out this Mr. DINGELL. As long as the bill is purpose. I think there is no evidence interpreted reasonably, I do not believe on record that is in any way persuasive I could assert any objection either to the that they have in any way deliberately legislation or to the manner in which it or willfully or wantonly or negligently happens to be carried out. That, of or carelessly manufactured unsafe motor course, was the principal purpose of my vehicles. The only thing they seek is taking the floor. legislation which will afford them rea Mr. MOSS. Mr. Chairman, will the sonable time to comply with the safety gentleman yield? standards that the Secretary is going to Mr. DINGELL. I yield to the gentleimpose. I am satisfied that he will on man from California. the basis of the colloquy with my chair-. Mr. MOSS. It is clearly not the inman, and also on the basis of my own tent that unreasonable standards be imreading, that it is fully intended that, posed. where a reasonable man would say that Mr. DINGELL. The gentleman is abthese requirements cannot be complied solutely correct. with within the time, that the Secretary Mr. MOSS. It is not intended by the not only has the authority, but that he colloquy the gentleman has engaged in will use that authority to see it to that with such finite care that we place the adequate time is afforded to the indus- stamp of approval upon a dragging of try to comply.

the feet by the industry. Mr. CUNNINGHAM. I the gentle- Mr. DINGELL. The gentleman is abman will yield further, I will agree, but I solutely correct on that point. I would will say that they are not always not look with any kindness, nor would reasonable.

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.

era or the force for the entre moltes persona

He must, however, establish a record which shall be the basis for his actions.

Senate Passed Act
Congressional Record-Senate
June 24, 1966, 14256 and 14257

Interim federal motor vehicle safety (1) consider relevant available motor standards

vehicle safety data, including the results of Sec. 102. (a) Subject to the provisions of research, development, testing and evaluathis section, on or before January 31, 1967. tion activities conducted pursuant to this the Secretary sball prescribe, by order, and Act; publish in the Pederal Register interim (2) consult with the Vehicle Equipment motor vehicle safety standards for motor Safety Commission, and such other State or vehicles and motor vehicle equipment, which interstate agencies (including legislative shall be based upon existing public and onc committees) as he deems appropriate, which vate safety standards.

consultation shall include (A) informing the (b) Interm standards prescribed ournant Commission and other agencies of all proto this section shall become effective on a posed Federal vehicle safety standards and date specified by the Secretary which shall amendments thereto and (B) affording such be no sooner than one hundred and eighty Commission and other agencies an oppordays nor later than one year from the date tunity to study and comment on such standon which such standards are published. ards and amendments; Such standards shall remain in effect untu (3) consider whether any such proposed new and revised Federal motor vehicle standard 18 reasonable, practicablo and apsafety standards become effective pursuant propriate for the particular type of motor to section 103.

vebicle or item of motor vehicle equipment (c) In prescribing interim standards un. for which it is prescribed; and der this section, the Secretary shall

(4) consider the extent to which such (1) consult with the Vehicle Equipment standards will contribute to carrying out tho Safety Commission, with other State and in- purposes of this Act. terstate agencies (including legislative com. (d) The order prescribing standards purmittees), with motor vehicle and motor suant to this section shall include as part of vehicle equipment manufacturers, and with the concise general statement of the basis and

echnical. business, and consumer purpose of such standards (required by BCCorganizations, as he deems appropriate. tion 4(b) of the Administrative Proceduro

(2) consider, in the light of available tech. Act) the following: nical Information, whether any such pro- (1) A statement of the principal purposo posed standard 1 reasonable, practicable, of any such standard, writton in language and appropriate for the particular type of capable of being understood by the goneral motor vehicle or item of motor vehicle equip. public; ment for which it is prescribed; and

(2) Wherever appropriato to a particular (3) consider the excent to which such standard, a statement of tho range of operato standards will contribuie to carrying out ing conditions for which such standard is the purposes of this Act.

deemed effective; and Revised Federal motor vehicle safety

(3) A technical statement which sets forth standards

the data necessary to an evaluation of the Soc. 103. (a) Subject to the provisions of standard by persons competent in the par.

ticular technical area involved. this section, on or before January 31, 1968, the Secretary shall prescribe, by order, in

(e) For the purposes of this section interaccordance with sections 3, 4, and 6 of the

ested persons afforded an opportunity to Administrative Procedure Act (5 US.C. 1002.

participate in the rule-making process to

prescribe or a.mend standards under this sec1003, 1005) new and revised motor vehicle safety standards for motor vehicles and tion shall include manufacturers, distribu

tors, and dealers of motor vehicles and motor motor vehicle equipment.

(b) Standards prescribed pursuant to this vehicle equipment, public and private or section shall become effective on & dato gan ations and individuals engaged to &

significant extent in the promotion or study specified by the Secretary which shall be no

of motor vel:icle safety and automobile insooner than one hundred eighty days nor

surance underwriters. later than one year from the date on which

(1) Nothing in this title or in the Adminsuch standards are published, except that.

istrative Procedure Act shall be construed for good cause shown, the Secretary may

to make sections 7 and 8 of such Act applispecify a later effective date, and in such

cable to proceedings under this title. event he shall publish his reasons therefor. cable to proceedings under

(8) In prescribing standards under this (C) In prescribing standards under this

section for any motor vehicle of substantially section, the Secretary shall

14257

the same type and specifications as a vehicle such standards in accordance with the procesubject to safety regulations under part n dural requirements set forth in this section. of the Interstate Commerce Act, as amended Each such amendment shall become effective (19 U.S.C. 301 et seq.), the Secretary shall on the date specified by the Secretary which not adopt standards which differ in sub- shall be no 800per than one hundred and stance from the safety regulations issued eighty days nor later than one year from the pursuant to such Act.

date on which such amendment is published, (b) The Secretary shall review the motor except that, for good cause shown, the secvehicle safety standards prescribed pursuant retary may specify a later effective date, and to this section at least once every two years, in such event he shall publish his reasons and may, to the extent necessary to carry therefor. out the purposes of this Act, by order, amend,

Senate Debate
Congressional Record-Senate
August 31, 1966, 21487
Mr. MAGNUSON.

The Senate bill spelled out in some detall 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 & 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 stand-
ards (sec. 118).

The Secretary is directed to consult with the Vehicle Equipment Safety Commission, and such other State and interstate agencies,

process for alle (The billes of the Admis required to

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 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..

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Executive Communications

Contains nothing helpful.

As Introduced

As H.R. 13228 in the House and S. 3005 in the Senate:

18

FEDERAL MOTOR VEHICLE SAFETY STANDARDS

SEC. 102. (a).................................

(4) the degree of effective compliance with respect to any existing motor vehicle safety standard is insufficient to achieve adequate motor vehicle safety; then the Secretary is authorized to establish and issue by order, in accordance with section 4 of the Adninistrative Procedure Act, appropriate Federal motor vehicle safety standards for motor vehicles or motor vehicle equipment.

5

(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.

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V

Subsection 103(c) — As Enacted

Effective date. 2

(c) Euch order establishing a Federal motor vehicle safety standard shali specily 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.

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