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[Discussion Draft:]
AMENDMENT TO ~-----

OFFERED BY MR. BRALEY

Page _ _, line __, insert the following:

1 SEC, _ ' RESTRICTIONS ON PREEMPTIONS OF STATE LAW

j 2 IN RULEMAKING,

I 3 (a) PREAMBLES ISSUED FROM 2005-2008.-Not­

4 withstanding any statement to the contrary made during

i 5 the noticc-al1d-comment fulemaking in connection with

6 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 property
12 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.
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2
1 (c) IlYlPLEMEN'l'ATION BY 'l'HE ADMlNISTHA'l'OR­

2 Nat later than 90 days after the date of enactment of this

3 Act, the Administrator of the National ITIghway Traffic
4 Safety Administration shall issue an advisory opinion stat­
5 ing that its regulations issued during the ycars 2005
6 through 2008, as well as any future regulations, do not
7 preempt any action under State law seeking damages for
8 personal injury, death, or property damage, unless Con­
9 gress explicitly states an intent to preempt any action
10 under State law seeking damages for personal injury,
11 death, or property damage.
)
12 SEC. _ . REPEAL.
J 13 Section 30106 of title 49, United States Code, is re-

I 14 pealed.

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May 3, 2010 (12:24 p.m.)