Page:United States Statutes at Large Volume 101 Part 1.djvu/264

 101 STAT. 234

'•Mk;

49 USC app. 1608.

PUBLIC LAW 100-17—APR. 2, 1987 this paragraph to the Committee on Public Works and Transportation and the Committee on Appropriations of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate on the day that the Secretary's semi-annual rulemaking agenda is published in the Federal Register. "(2) VIEWS.—Except for emergency rules, the Secretary shall give interested parties not less than 60 days to participate in any rulemaking under this Act through submission of written data views, or arguments with or without the opportunity for oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary due to the routine nature or matter of insignificant impact of the rule, or that an emergency rule should be promulgated. The Secretary may extend the 60-day period if the Secretary determines that such period is insufficient to permit diligent persons to prepare comments or that other circumstances justify an extension of such period. An emergency rule shall terminate 120 days after the date on which it is promulgated.". (b) DEFINITIONS.—Section 12(c) of such Act is amended— (1) by striking out "and" at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following: "(12) the term 'rule' means the whole or part of the Secretary's statement of general or particular applicability designed to implement, interpret, or prescribe law or policy in carrying out provisions of this Act; and "(13) the term 'emergency rule' means a rule which is temporarily effective prior to the expiration of the otherwise specified periods of time for public notice and comment under this section and which was promulgated by the Secretary pursuant to a finding that a delay in the effective date thereof would (A) seriously injure an important public interest, (B) substantially frustrate legislative policy and intent, or (C) seriously damage a person or class of persons without serving any important public interest.".

SEC. 319. PREAWARD AND POSTDELIVERY AUDIT OF BUS PURCHASES. Ante, p. 233.

Section 12 of the Urban Mass Transportation Act of 1964 is further amended by adding at the end thereof the following new subsection:

Regulations. Grants.

"(j) P R E A W A R D AND POSTDEUVERY AUDIT OF B u S PURCHASES.—For

the purpose of assuring compliance with Federal motor vehicle safety requirements, the requirements of section 165 of the Surface 23 USC l0lnote. Transportation Assistance Act of 1982 (relating to purchases of American products), and bid specifications requirements of recipients of grants under this Act, the Secretary shall issue regulations requiring a preaward and postdelivery audit with respect to any grant under this Act for the purchase of buses and other rolling stock. For the purposes of such audit, manufacturer certification shall not be sufficient, and independent inspections and auditing '* shall be required."..

�