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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

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no effect. However, nothing herein shall be construed to 6 prevent a State or local government or the Federal Govern7 ment from establishing requirements more stringent than a 8 Federal motor vehicle safety standard for the exclusive pur

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Revocation.

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(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.

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House Passed Act

Congressional Record-House

August 17, 1966, 19670

"(e) The Secretary may by order amend hundred and eighty days or later than one or revoke any Federal motor vehicle safety year from the date the order is issued, unless standard established under this section. the Secretary finds that an earlier or later Such order shall specify the date on which effective date is in the public interest, and such amendment or revocation is to take publishes his reasons for such finding. effect which shall not be sooner than one

Contains nothing helpful.

House Debate

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

Congressional Record-Senate
June 24, 1966, 14257

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

Sec. 102

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(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.

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Same as enacted Act.

House Passed Act

House Debate

Congressional Record-House
August 17, 1966, 19648-19650

Mr. DINGELL. Mr. Chairman, I want to thank my chairman for his kindness in yielding to me. There are a number of points I want to raise with respect to the contents of this legislation, particularly, I hope, dealing with questions of lead time which is one of vital importance to the industry which is one of the principal employers in the district that I have the honor to represent in Congress.

As the membership of the committee, and anyone else familiar with the industry knows, lead time is a most important matter. Modern cars are complex mechanisms, made up of over 14,000 interrelated parts. This complexity and the tooling and other requirements for high volume mass production necessitate a substantial period between an initial design concept and production. Currently it takes a period of 2 years or so in the industry to accomplish the necessary design, engineering and testing work to procure the materials and tooling and to lay out the production line. It also takes time to make changes. What seems to be a simple change to accomplish in one part or structure may necessitate a series of difficult changes or adjustments in others, and considerable time can be required for that, ranging from a few months to as much as 2 years or more. Because lead time is so important, it is one of the factors that the bill empowers and requires the Secretary to take into account in establishing standards, and the Secretary has stated that he will do so.

Thus the bill in section 103 requires that standards must be practicable and that the Secretary must consider whether they are reasonable, practicable, and appropriate for the particular type of vehicle or equipment for which they are prescribed. Obviously, a standard is not practicable or reasonable if it cannot be met by the best efforts of manufacturers within the constraints of time and technology. As the committee's report

states, "Standards, of course, cannot be set in a vacuum," and the Secretary, in setting standards, is required to give consideration to "all relevant factors, including technological ability to achieve the goal of a particular standard as well as consideration of economic factors." Among those economic factors which the Secretary will have to consider is the matter of adequate lead time. As the Department of Commerce advised in a letter dated June 3, 1966, to the chair

man:

The tests of reasonableness of cost, feasibility and adequate lead time should be included among those factors which the Secretary could consider in making his total judgment.

I will appreciate the chairman's confirmation of this analysis.

Mr. STAGGERS. In response to the gentleman, I will say that section 103 requires the Secretary, as you can see, to establish safety standards, and says that they must be practicable and meet the need for motor vehicle safety and be stated in objective terms.

Mr. Chairman, as the committee report explains on page 16, this would require the consideration of all relevant factors, including technological ability to achieve the goal of a particular standard as well as consideration of economic factors.

And, Mr. Chairman, as to the effective date, section 103 (c) of the reported bill provides that the Secretary may set a date earlier or later than the 180-day minimum or 1-year maximum, if he finds that an earlier or later date is in the public interest. This public interest is discussed on page 17 of the report. It is explained that the exception must be based on a finding that an earlier or later effective date may be fixed if it is in the public interest. This was added by the committee to provide the necessary flexibility for unusual situations.

Mr. Chairman, it is true as it should be, that the Secretary has the ultimate responsibility to set the effective date.

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