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Senate Debate

Congressional Record—Senate
August 31, 1966, 21487
Mr. MAGNUSON.

There were several features of the Sen. the implementation of any standard by ate bill which the Senate conferees be- adding the Senate-imposed requirement Neved should be retained in the anal bil. that such extensions can only be issued The House Members were uniformly ac for “good cause shown," thus making it commodating in accepting these features. clear that industry must sustain the bur

Thus, the House accepted the Senate den of proof before the Secretary, in language modifying the Secretary's au- order to justify an extension of the northority to extend the effective date for mal effective date.

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Senate Committee Report Senate Report 1301, Pages 6 and 7

The bill provides that the new and revised standards shall become effective on a date specified by the Secretary, which shall be no sooner than 180 days nor later than 1 year from the date the standard is finally issued (secs. 102(b) and 103(b)), except that for good cause shown, the Secretary may specify a later effective date, but must publish his reasons therefor (sec. 103(b)).

The power to specify a later effective date is needed because it may be a practical economic and engineering impossibility, as well as a source of great hardship and unnecessary additional cost, to require that all vehicle changes required by any new safety standard, whatever its scope or subject matter, be accomplished by all manufacturers for all their new vehicles within 1 year. When changes can reasonably be accomplished in 1 year or less, the Secretary can so require. But when manufacturers satisfy the Secretary that a particular change cannot reasonably be accomplished within 1 year, the bill gives him discretion to extend the period, publishing his reasons therefor (sec. 103(b)).

Executive Communications Senate Report 1301, Page 18

It is noted that section 102(b) of the bill provides that motor vehicle safety standards would become effective no sooner than 180 days and no later than 2 years after their issuance. In view of the somewhat longer time which may be required for foreign manufacturers to evaluate new safety standards, take such action as they consider appropriate with respect thereto, and ship vehicles to the U.S. market, it

would appear likely that the full period of 2 years would be justified in the case of standards involving any substantial structural changes applicable to production by such manufacturers for the U.S. market.

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

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FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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SEC. 102. ....

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(b) A Federal motor vehicle safety standard issued by 17 order pursuant to subsection (a) shall become effective on a 18 date specified by the Secretary in that order, which shall be 19 no sooner than one hundred and eighty days nor later than 20 two years from the date on which the standard is issued.

Subsection 103(d) — As Enacted

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(d) Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requiren.unt imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.

Conference Report House Report 1919, Page 16

PREEMPTION

Section 103(d) of the House amendment provides whenever a Federal safety standard is in effect no State or political subdivision shall have any authority either to establish or continue in effect any safety standard applicable to the same aspect of motor vehicle and motor vehicle equipment performance which is not identical with the · Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision from establishing safety requirements for vehicles or equipment procured for its own use which impose a higher standard of performance than that required to comply with the Federal standard.

Section 103(d) of the proposed conference substitute provides that whenever a Federal safety standard is in effect no State or political subdivision shall have authority either to establish or to continue in effect, with respect to any motor vehicle or item of equipment, any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. The proposed conference substitute is identical to the House amendment with respect to the right of governments to establish higher requirements for vehicles and equipment procured for their own use.

The House managers believe the conference substitute will assure that there will not be any inadvertent preemption of a State standard applicable to an older vehicle by the issuance of a standard with respect to the same aspect for performance of a new vehicle.

House Passed Act

Congressional Record-House
August 17, 1966, 19670

"(d) Whenever a Federal motor vehicle the Federal Government or the governmont safety standard established under this title of any stato or political subdivision thereof 18 in elect, no Stato or political subdivision fraca establishing a safety requirement ap. of a State shall have any authority either plicable to motor vehicles or motor vehiclo to establish, or to continue in eleot, any equipment procured for its own uso 1 such safety standard applicable to tho samo as requirement imposes a higher standard at pect of motor vehicle and motor vehiclo performanco than that required to comply equipment performance which is not identi- with the otherwise applicable Federal stand. cal to the Federal standard. Nothing in ard. this section shall be construed to prevent

House Debate Contains nothing helpful.

House Committee Report House Report 1776, Page 17

Preemption.-Section 103(d) provides that whenever a Federal safety standard is in effect no State or political subdivision thereof shall establish or keep in effect any safety standard applicable to the same aspect of vehicle or equipment performance which is not identical to the Federal standard. It further provides however that the Federal, State, and local governments may establish safety requirements applicable to vehicles or equipment procured for governmental use which impose a higher standard of performance than that required to comply with the otherwise applicable Federal standards.

Basically, this preemption subsection is intended to result in uniformity of standards so that the public as well as industry will be guided by one set of criteria rather than by a multiplicity of diverse standards. The committee recognized that vehicles and equipment procured for governmental use may require higher standards of performance than those generally applicable and this subsection permits such higher standards for vehicles and equipment procured by these governments.

Senate Passed Act

Congressional Record-Senate
June 24, 1966, 14257

Preemption

porting to establish such disering safety Sec. 104. No State, or political subdivision standard and providing a penalty or punishthereof, shall establish a safety standard for ment for an act of noncompliance therewith a motor vehicle or item of motor vehicle shall be null and void. Nothing in this secequipment in interstate commerce which tion shall be construed to prevent & State or differs from a motor vehicle safety standard political subdivision thereof from establish18sued in conformance with the provisions 11

rovisions ing requirements more stringent than & of this title with respect to such motor Federal motor vehicle safety standard for vehicle or item of motor vehicle equipment; the :xclusive purpose of its own procurement. and any law, regulation, or ordinance pur

Senate Debate

Contains nothing helpful.

Senate Committee Report Senate Report 1301, Pages 4 and 12

2. While the contribution of the several States to automobile safety has been significant, and justifies securing to the States a consultative role in the setting of standards, the primary responsibility for regulating the national automotive manufacturing industry must fall squarely upon the Federal Government.

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EFFECT ON STATE LAW The centralized, mass production, high volume character of the motor vehicle manufacturing industry in the United States requires that motor vehicle safety standards be not only strong and adequately enforced, but that they be uniform throughout the country. At the same time, the committee believes that the States should be free to adopt standards identical to the Federal standards, which apply only to the first sale of a new vehicle, so that the States may play a significant role in the vehicle safety field by applying and enforcing standards over the life of the car. Accordingly, State standards are preempted only if they differ from Federal standards applicable to the particular aspect of the vehicle or item of vehicle equipment (sec. 104).

The States are also permitted to set more stringent requirements for purposes of their own procurement. Moreover, the Federal minimum safety standards need not be interpreted as restricting State common law standards of care. Compliance with such standards would thus not necessarily shield any person from product liability at common law.

Executive Communications Contains nothing helpful.

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

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Sec. 102(b) .........

.... No 21 State or local government law, regulation, or ordinance shall 22 establish a safety standard for a motor vehicle or item of 23 motor vehicle equipment in interstate commerce if a Federal

24 motor vehicle safety standard issued in conformance with the

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