setting of standards

setting of standards Sec. 102. (a) Subject to subsections (b) through (e) of this section, the Secretary by rule— (1) snail promulgate bumper standards applicable to all passenger motor vehicles manufactured in or imported into the United States, and (2) may promulgate bumper standards applicable to any item of passenger motor vehicle equipment so manufactured or imported, except that such a rule shall not apply to any vehicle or item of passenger motor vehicle equipment which is intended solely for export (and is so labeled or tagged on the vehicle or equipment itself and on the outside of the container, if any) and which is exported. (b) (1) Any standard under subsection (a) shall seek to obtain the maximum feasible reduction of costs to the public and to the consumer, taking into account: (A) the cost of implementing the standard and the benefits attainable as the result of implementation of the standard; (B) the effect of implementation of the standard on the cost of insurance and prospective legal fees and costs; (C) savings in terms of consumer time and inconvenience; and (D) considerations of health and safety, including emission standards. (2) Bumper standards under this title shall not conflict with motor vehicle safety standards promulgated under title I of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.). (c) (1) In promulgating any bumper standard under this title the Secretary may for good cause shown— (A) exempt partially or completely any multipurpose passenger motor vehicle; or (B) exempt partially or completely any make, model, or class of passenger motor vehicle manufactured for a special use, if such standard would unreasonably interfere with the special use of such vehicle. (2) To the maximum extent practicable, a bumper standard promulgated by the Secretary shall not preclude the attachment of detachable stitches. (d) The Secretary shall establish the effective date of any bumper standard when finally promulgating the standard, and such standard shall apply only to passenger motor vehicles or passenger motor vehicle equipment manufactured on or after such effective date. Such effective date shall not be— (1) earlier than the date on which such standard is finally promulgated, or (2) later than eighteen months after final promulgation of the standard unless the Secretary presents to Congress and publishes a detailed explanation of the reasons for such later effective date. 86 Stat. 950 In no event shall the Secretary establish an effective date which is earlier than July 1, 1973. (e) (1) All rules establishing, amending, or revoking a bumper standard under this title shall be issued pursuant to section 553 of title 5 of the United States Code, except that the Secretary shall give interested persons an opportunity for oral presentation of data, views, or arguments, and the opportunity to make written submissions. A transcript shall be kept of any oral presentation. (2) The Secretary may also conduct a hearing in accordance with such conditions or limitations as lie may make applicable thereto, for the purpose of resolving any issue of fact material to the establishing, amending, or revoking of a bumper standard.