[nfbwatlk] FYI

Alco Canfield amcanfield at comcast.net
Wed May 26 15:16:24 CDT 2010


Subject: [leadership] Text of Rep. Stearns Amendment to Have.Rather. 5381,the Motor Vehicle Safety Act

Here is the official version of Rep. Stearns' amendment.

AMENDMENT TO THE COMMITTEE PRINT OFFERED BY MR. TOWNS AND MR. STEARNS

AT the end of title I, insert the following:

SEC. 109. MINIMUM SOUND REQUIREMENT.

(A) RULEMAKING. --Not later than 18 months following the date of enactment of this Act the Secretary shall initiate a rulemaking proceeding under section
30111 of title 49, United States Code, to promulgate a motor vehicle safety standard to establish performance requirements for an alert sound that allows
blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any. Such standard--

(1) shall require new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established
under this subsection;

(2) shall not require either driver or pedestrian activation of the alert sound;

(3) shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios, including but not limited to constant
speed, accelerating, and decelerating;

(4) shall allow manufacturers to provide each vehicle with 1 or more alert sounds that comply with the motor vehicle safety standard at the time of manufacture;
and

(5) shall require manufacturers to provide, within reasonable manufacturing tolerances, the same alert sound or set of alert sounds for all vehicles of
the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable,
alter, replace, or modify the alert sound or set of alert sounds, except that the manufacturer or dealer may alter, replace, or modify the alert sound
or set of alert sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard.

(b) CONSIDERATION. --When conducting the required rulemaking, the Secretary shall--

(1) determine the minimum level of an alert sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information
needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any;

(2) determine the performance requirements for  an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and

(3) consider the overall noise impact to streets and communities.

(c) PHASE-IN REQUIRED. --The motor vehicle safety standard prescribed pursuant to subsection (a) shall establish a phase-in period for compliance, as determined
by the Secretary, and shall require full compliance with the required motor vehicle safety standard for motor vehicles manufactured on or after September
1 of the calendar year that begins 3 years after the date on which the final rule is issued.

(d) CONSULTATION.--WhICHENOUGH conducting the required study and rulemaking, the Secretary shall consult with--

(1) the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the
Agency;

(2) consumer groups representing individuals who are blind;

(3) automobile manufacturers and professional organizations representing them; and

(4) technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization
for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations.

(ence) DEADLINE. --The Secretary shall issue a final rule under subsection (a) not later than 36 months after the date of enactment of this Act.

(f) STUDY AND REPORT. --Not later than 4 years after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to
whether there exists a safety need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that
the Secretary determines there exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States Code to extend
the standard to conventional motor vehicles.

(ong) DEFINITIONS. --For purposes of the motor vehicle safety standard required under this section--

(1) the term "alert sound" means a vehicle-emitted sound that enables pedestrians to discern vehicle presence, direction, location, and operation;

(2) the term "cross-over speed" means the speed at which tire noise, wind resistance, or other factors eliminate the need for a separate alert sound, as
determined by the Secretary;

(3) the term "conventional motor vehicle" means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole
means of propulsion;

(4) the term "electric vehicle" means a motor vehicle with an electric motor as its sole means of propulsion; and

(5) the term "hybrid vehicle" means a motor vehicle which has more than one means of propulsion




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