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F:\BJY\lIICOM\NHTSA\BRALEY_OOl.XML
[Discussion
Draft:]
AMENDMENT
TO
~ - - - - -
OFFERED
BY
MR.
BRALEY
Page
__
, line
__
, insert the following:
j
1
SEC,
_'
RESTRICTIONS
ON PREEMPTIONS OF
STATE
LAW
2
IN
RULEMAKING,
i
I
3
(a)
PREAMBLES
ISSUED
FROM
2005-2008.-Not
4 withstanding any statement to
the
contrary made during5 the
noticc-al1d-comment fulemaking in connection
with6 Federal regulations issued by
the
National Highway Traf7
fic
Safety Administration during the years 2005-2008,8 any final or interim final regulation adopted by
the
Na9 tional Highway Traffic Safety Adnunistration during
that
10 time period shall not preempt any action under
State
law
11
seeking damages for personal
injury,
death, or property12 damage.
13
(b)
USE
OF
NO'rICE
AND
COMMEN'l'.-Notwith
14
standing any provision law, the Secretary of Transpor
15
tation shall not publish a rule
that
seeks to preempt
State
16
law without notice
in
the Federal Register
and
the
17
opportiunity to comment, absent a clear showing
that
the
18
Secretary was unable to provide notice
and
commel1-t
due
19
to exigent circumstances.
f:\VHLC\050310\050310.074.xml(46682711)May 3, 2010 (12:24 p.m.)

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