[Congressional Record Volume 156, Number 162 (Thursday, December 9, 2010)]
[Senate]
[Page S8690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2009

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of S. 841, and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 841) to direct the Secretary of Transportation 
     to study and establish a motor vehicle safety standard that 
     provides for a means of alerting blind and other pedestrians 
     of motor vehicle operation.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WYDEN. Mr. President, I ask unanimous consent that a Kerry 
substitute amendment, which is at the desk, be agreed to, the bill, as 
amended, be read a third time and passed, the motions to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4750) was agreed to, as follows:

  (Purpose: To require the Secretary of Transportation to establish a 
  motor vehicle safety standard for electric and hybrid vehicles that 
  would require such vehicles to emit a sound to alert pedestrians to 
                            their operation)

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pedestrian Safety 
     Enhancement Act of 2010''.

     SEC. 2. DEFINITIONS.

       As used in this Act--
       (1) the term ``Secretary'' means the Secretary of 
     Transportation;
       (2) the term ``alert sound'' (herein referred to as the 
     ``sound'') means a vehicle-emitted sound to enable 
     pedestrians to discern vehicle presence, direction, location, 
     and operation;
       (3) 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;
       (4) the term ``motor vehicle'' has the meaning given such 
     term in section 30102(a)(6) of title 49, United States Code, 
     except that such term shall not include a trailer (as such 
     term is defined in section 571.3 of title 49, Code of Federal 
     Regulations);
       (5) 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;
       (6) the term ``manufacturer'' has the meaning given such 
     term in section 30102(a)(5) of title 49, United States Code;
       (7) the term ``dealer'' has the meaning given such term in 
     section 30102(a)(1) of title 49, United States Code;
       (8) the term ``defect'' has the meaning given such term in 
     section 30102(a)(2) of title 49, United States Code;
       (9) the term ``hybrid vehicle'' means a motor vehicle which 
     has more than one means of propulsion; and
       (10) the term ``electric vehicle'' means a motor vehicle 
     with an electric motor as its sole means of propulsion.

     SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

       (a) Rulemaking Required.--Not later than 18 months after 
     the date of enactment of this Act the Secretary shall 
     initiate rulemaking, under section 30111 of title 49, United 
     States Code, to promulgate a motor vehicle safety standard--
       (1) establishing 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; and
       (2) requiring new electric or hybrid vehicles to provide an 
     alert sound conforming to the requirements of the motor 
     vehicle safety standard established under this subsection.

     The motor vehicle safety standard established under this 
     subsection shall not require either driver or pedestrian 
     activation of the alert sound and 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, or decelerating. The Secretary 
     shall allow manufacturers to provide each vehicle with one or 
     more sounds that comply with the motor vehicle safety 
     standard at the time of manufacture. Further, the Secretary 
     shall require manufacturers to provide, within reasonable 
     manufacturing tolerances, the same sound or set of 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 sound or set of sounds, except that 
     the manufacturer or dealer may alter, replace, or modify the 
     sound or set of sounds in order to remedy a defect or non-
     compliance with the motor vehicle safety standard. The 
     Secretary shall promulgate the required motor vehicle safety 
     standard pursuant to this subsection not later than 36 months 
     after the date of enactment of this Act.
       (b) Consideration.--When conducting the required 
     rulemaking, the Secretary shall--
       (1) determine the minimum level of 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 community noise impact.
       (c) Phase-in Required.--The motor vehicle safety standard 
     prescribed pursuant to subsection (a) of this section 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 1st of the calendar year 
     that begins 3 years after the date on which the final rule is 
     issued.
       (d) Required Consultation.--When conducting the required 
     study and rulemaking, the Secretary shall--
       (1) consult with the Environmental Protection Agency to 
     assure that the motor vehicle safety standard is consistent 
     with existing noise requirements overseen by the Agency;
       (2) consult consumer groups representing individuals who 
     are blind;
       (3) consult with automobile manufacturers and professional 
     organizations representing them;
       (4) consult 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.
       (e) Required Study and Report to Congress.--Not later than 
     48 months 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.

     SEC. 4. FUNDING.

       Notwithstanding any other provision of law, $2,000,000 of 
     any amounts made available to the Secretary of Transportation 
     under under section 406 of title 23, United States Code, 
     shall be made available to the Administrator of the National 
     Highway Transportation Safety Administration for carrying out 
     section 3 of this Act.

  The bill (S. 841), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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