§32502 — Title 49 Transportation | U.S. Code

Summary

The Transportation Secretary must make rules for bumpers on passenger cars and can also make rules for bumper parts made in or imported into the United States. Those rules do not apply to a car or part that is meant only for export, is labeled for export on the item and its container, and is actually exported. The rules cannot conflict with other federal vehicle safety rules (chapter 301), cannot set a dollar amount for repair costs, and should, as much as possible, allow attaching a removable hitch. For good reason, the Secretary can exempt certain vehicles, like multipurpose passenger vehicles, vehicles made for a special use if the rule would unreasonably block that use, or any vehicle with an exemption application filed under section 30013(b). The rules must aim to reduce public costs as much as practical by weighing costs and benefits, insurance and legal costs, time and inconvenience saved, and health and safety (including emissions). The usual public rulemaking law (section 553 of Title 5) applies, and people must be allowed to give written and oral comments (a transcript must be kept) and hearings may be held on key facts. The Secretary sets an effective date that cannot be before the rule is made and normally must be within 18 months, unless a later date is announced to Congress with reasons. Rules only apply to cars or parts made on or after that date. The Secretary must do the research needed to carry out these rules.

Title 49, §32502

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall prescribe by regulation bumper standards for passenger motor vehicles and may prescribe by regulation bumper standards for passenger motor vehicle equipment manufactured in, or imported into, the United States. A standard does not apply to a passenger motor vehicle or passenger motor vehicle equipment—

(1)intended only for export;

(2)labeled for export on the vehicle or equipment and the outside of any container of the vehicle or equipment; and

(3)exported.

(b)A standard under this section—

(1)may not conflict with a motor vehicle safety standard prescribed under chapter 301 of this title;

(2)may not specify a dollar amount for the cost of repairing damage to a passenger motor vehicle; and

(3)to the greatest practicable extent, may not preclude the attachment of a detachable hitch.

(c)For good cause, the Secretary may exempt from all or any part of a standard—

(1)a multipurpose passenger vehicle;

(2)a make, model, or class of a passenger motor vehicle manufactured for a special use, if the standard would interfere unreasonably with the special use of the vehicle; or

(3)a passenger motor vehicle for which an application for an exemption under section 30013(b) 11 So in original. Probably should be section “30113(b)”. of this title has been filed in accordance with the requirements of that section.

(d)When prescribing a standard under this section, the Secretary shall design the standard to obtain the maximum feasible reduction of costs to the public, considering—

(1)the costs and benefits of carrying out the standard;

(2)the effect of the standard on insurance costs and legal fees and costs;

(3)savings in consumer time and inconvenience; and

(4)health and safety, including emission standards.

(e)Section 553 of title 5 applies to a standard prescribed under this section. However, the Secretary shall give an interested person an opportunity to make oral and written presentations of information, views, and arguments. A transcript of each oral presentation shall be kept. Under conditions prescribed by the Secretary, the Secretary may conduct a hearing to resolve an issue of fact material to a standard.

(f)The Secretary shall prescribe an effective date for a standard under this section. That date may not be earlier than the date the standard is prescribed nor later than 18 months after the date the standard is prescribed. However, the Secretary may prescribe a later date when the Secretary submits to Congress and publishes the reasons for the later date. A standard only applies to a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the effective date.

(g)The Secretary shall conduct research necessary to carry out this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32502(a)15:1912(a).Oct. 20, 1972, Pub. L. 92–513, §§ 102, 104(d), 86 Stat. 949. 32502(b)(1)15:1912(b)(2). 32502(b)(2)15:1901(6) (words after semicolon).Oct. 20, 1972, Pub. L. 92–513, § 2(6) (words after semicolon), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, § 8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, § 101(b), 98 Stat. 2767. 32502(b)(3)15:1912(c)(2). 32502(c)15:1912(c)(1). 32502(d)15:1912(b)(1). 32502(e)15:1912(e). 32502(f)15:1912(d). 32502(g)15:1914(d). In subsection (a), before clause (1), the words “Subject to subsections (b) through (e) of this section” are omitted as surplus. The words “shall prescribe by regulation” are substituted for “by rule . . . shall promulgate” for clarity. The words “may prescribe by regulation” are substituted for “by rule . . . may promulgate” for consistency. In subsection (c), before clause (1), the words “In promulgating any bumper standard under this subchapter” are omitted as surplus. The words “from any part of a standard” are substituted for “partially or completely” for clarity and consistency. In subsection (d), before clause (1), the words “to the public” are substituted for “to the public and to the consumer” because they are inclusive. In clause (2), the word “prospective” is omitted as surplus. In subsection (e), the words “Section 553 of title 5 applies to a standard prescribed under this section” are substituted for “All rules establishing, amending, or revoking a bumper standard under this subchapter shall be issued pursuant to section 553 of title 5”, the words “opportunity to make oral and written presentations of information, views, and arguments” are substituted for “opportunity for oral presentation of data, views, or arguments, and the opportunity to make written submissions”, the words “Under conditions prescribed by the Secretary” are substituted for “in accordance with such conditions or limitations as he may make applicable thereto”, and the words “material to a standard” are substituted for “material to the establishing, amending, or revoking of a bumper standard”, to eliminate unnecessary words. In subsection (f), the words “However, the Secretary may prescribe a later date when the Secretary submits” are substituted for “unless the Secretary presents” for clarity. The word “reasons” is substituted for “a detailed explanation of the reasons” to eliminate unnecessary words.

Editorial Notes

Amendments

1998—Subsec. (c). Pub. L. 105–277, § 101(g) [title III, § 351(b)(1)(A)], substituted “all or any part of a standard” for “any part of a standard” in introductory provisions. Subsec. (c)(3). Pub. L. 105–277, § 101(g) [title III, § 351(b)(1)(B)–(D)], added par. (3).

Statutory Notes and Related Subsidiaries

Hood and Bumper Standards Pub. L. 117–58, div. B, title IV, § 24214, Nov. 15, 2021, 135 Stat. 829, provided that: “(a) Notice.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall issue a notice, for purposes of public review and comment, regarding potential updates to hood and bumper standards for motor vehicles (as defined in section 30102(a) of title 49, United States Code). “(b) Inclusions.—The notice under subsection (a) shall include information relating to—“(1) the incorporation or consideration of advanced crash-avoidance technology in existing motor vehicle standards; “(2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, or other vulnerable road users; “(3) the development of performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technology, including technology relating to vulnerable road user safety; “(4) potential harmonization with global standards, including United Nations Economic Commission for Europe Regulation Number 42; and “(5) such other information and analyses as the Secretary determines to be necessary. “(c) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—“(1) the current status of hood and bumper standards; “(2) relevant advanced crash-avoidance technology; “(3) actions needed to be carried out to develop performance test criteria; and “(4) if applicable, a plan for incorporating advanced crash-avoidance technology, including technology relating to vulnerable road user safety, in existing standards.”

§32502 Bumper standards