« PreviousContinue »
25 provisions of this title is in effect with respect to that motor
1 vehicle or item of motor vehicle equipment; and any such 5 2 law, regulation, or ordinance purporting to establish such 3 safety standards and providing a penalty or punishment for 4 an act of noncompliance therewith shall be null, void, and of 5 no effect. However, nothing herein shall be construed to 6 prevent a State or local governinent or the Federal Govern7 ment from establishing requirements more stringent than a 8 Federal motor vehicle safety standard for the exclusive pur9 pose of its own procurement.
Subsection 103(e) — As Enacted
(e) The Secretary may by order amend or revoke any Federal 2 motor vehicle safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date the 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.
Conference Report House Report 1919, Pages 15 and 16
EFFECTIVE DATES OF STANDARDS Subsection (c) of section 103 of the House amendment requires each order establishing a safety standard to specify the date on which it is to take effect which is not to be sooner than 180 days or later than 1 year from the date the order is issued, unless the Secretary finds an earlier or later effective date is in the public interest, and publishes his reasons for such finding.
Subsection (c) of section 103 of the proposed conference substitute is the same as the House amendment with the exception that in order to shorten or lengthen the minimum or maximum dates within which a standard must take effect the Secretary must find “for good cause shown” that such earlier or later date is in the public interest and publish his reasons for this finding.
A conforming change is also required to be made in section 103(e) of the proposed conference substitute which, except for such conforming change, is the same as section 103(e) of the House amendment (relating to effective date of amendments and revocations of standards).
The House managers believe the inclusion of the phrase "for good cause shown” demonstrates that any party in interest is free to urge that an earlier or later effective date is in the public interest.
House Passed Act
"(0) The Secretary may by order amond hundred and elgetaty days or later than one or revoke any Federal motor vehicle safety year from tho date the order is issued, unlocis standard established under this section. the socretary dods that an earlier or later Such order shall spacity tho date on which ecoctivo dato us in the public interest, and such amendment or rovocation is to tako publisha bis reasons for such inding. edoct which shall not be sooner than one
Contains nothing helpful.
House Committee Report
House Report 1776, Page 17
Amendments and revocation of standards. -Section 103(e) of the reported bill authorizes the Secretary to amend or revoke safety standards issued under this section. The Secretary's authority with respect to the establishment of the effective date for an amendment or a revocation is the same as that provided for the issuance of an original standard under subsection (c) of this section.
Senate Passed Act
(h) The Secretary shall review the motor on the date specified by the Secretary which vehicle safety standards prescribed pursuant shall be no sooner than one bundred and to this section at least once every two years, eighty days nor later than one year from the and may, to the extent necessary to carry date on which such amendment is published, out the purposes of this Act, by order, amend, except that, for good cause shown, the sec
s in accordance with the proce- retary may specify a later effective date, and dural requirements set forth in this section. in such event he shall publish his reasons Each such amendment shall become effective therefor.
As H.R. 13228 in the House and S. 3005 in the Senate:
Sec. 102 10 (c) The Secretary, from time to time, and subject to 5 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. Amendments or withdrawals shall 14 be effective on the date specified by the Secretary in that 15 order, which shall be no sooner than one hundred and eighty 16 days nor later than one year from the date on which the 17 amendment or withdrawal is issued, unless the Secretary 18 finds, publishing his reasons therefor, that an earlier or later 19 date is in the public interest.
Subsection 103(f) – As Enacted (f) 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 interstate agencies (including legislative committees) as he deems appropriate;
(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.
Conference Report House Report 1919, Page 16
CONSULTATION Section 103(f) (2) of the House amendment and section 103(f) (2) of the proposed conference substitute are identical. In the administration of this provision it is expected that the Secretary will, to the extent consistent with the purposes of this act, inform the VESC and other agencies of proposed standards and amendments thereto and afford them a reasonable opportunity to study and comment thereon.
House Passed Act
Same as enacted Act.
Mr. DINGELL. Mr. Chairman, I want states, “Standards, of course, cannot be to thank my chairman for his kindness set in a vacuum," and the Secretary, in in yielding to me. There are a number setting standards, is required to give of points I want to raise with respect to consideration to "all relevant factors, inthe contents of this legislation, particu- cluding technological ability to achieve larly, I hope, dealing with questions of the goal of a particular standard as well lead time which is one of vital impor as consideration of economic factors.” tance to the industry which is one of Among those economic factors which the the principal employers in the district Secretary will have to consider is the that I have the honor to represent in matter of adequate lead time. As the Congress.
Department of Commerce advised in a As the membership of the committee, letter dated June 3, 1966, to the chairand anyone else familiar with the in- man: dustry knows, lead time is a most impor The tests of reasonableness of cost, feasitant matter. Modern cars are complex bility and adequate lead time should be mechanisms, made up of over 14,000 in included among those factors which the Secterrelated parts. This complexity and retary could consider in making his total the tooling and other requirements for judgment. high volume mass production necessitate
I will appreciate the chairman's con& substantial period between an initial
firmation of this analysis. design concept and production. Cur
Mr. STAGGERS. In response to the rently it takes a period of 2 years or so gentleman, I will say that section 103 in the industry to accomplish the neces
requires the Secretary, as you can see, to sary design, engineering and testing work
establish safety standards, and says that to procure the materials and tooling and
they must be practicable and meet the to lay out the production line. It also need for motor vehicle safety and be takes time to make changes. What stated in objective terms. seems to be a simple change to accom- Mr. Chairman, as the committee report plish in one part or structure may neces- explains on page 16, this would require sitate a series of difficult changes or ad the consideration of all relevant factors, justments in others, and considerable including technological ability to achieve time can be required for that, ranging the goal of a particular standard as well from a few months to as much as 2 years as consideration of economic factors. or more. Because lead time is so im. And, Mr. Chairman, as to the effective portant, it is one of the factors that the date section 1031c) of the reported bill bill empowers and requires the Secre- provides that the Secretary may set a tary to take into account in establishing date earlier or later than the 180-day standards, and the Secretary has stated minimum or 1-year maximum, if he finds that he will do so.
that an earlier or later date is in the Thus the bill in section 103 requires public interest. This public interest is that standards must be practicable and discussed on page 17 of the report. It is that the Secretary must consider whe- explained that the exception must be ther they are reasonable, practicable, and based on a finding that an earlier or appropriate for the particular type of later effective date may be fixed if it is vehicle or equipment for which they are in the public interest. This was added prescribed. Obviously, a standard is not by the committee to provide the necespracticable or reasonable if it cannot sary flexibility for unusual situations. be met by the best efforts of manufac- Mr. Chairman, it is true as it should turers within the constraints of time and be, that the Secretary has the ultimate technology. As the committee's report responsibility to set the effective date.