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VEHICLE EQUIPMENT SAFETY v. NAT. HIGHWAY TRAFFIC

Nos. 79-1014, 79-1198.

611 F.2d 53 (1979)

VEHICLE EQUIPMENT SAFETY COMMISSION, an Interstate Compact Chartered by Congress; Maryland Department of Transportation; and Maryland Motor Vehicle Administration, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent, two cases.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Robert W. Green, Washington, D. C. (Lawrence F. Henneberger, Wheaton, Md., Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., Ned S. Kodeck, Asst. Atty. Gen., Motor Vehicle Administration, Maryland Dept. of Transp., Glen Burnie, Md., on brief), for petitioners.

Alfred Mollin, App. Staff, Civ. Div., Dept. of Justice, Washington, D. C. (Frank Berndt, Chief Counsel, David W. Allen, Asst. Chief Counsel, Frederick W. Schwartz, Jr., National Highway Traffic Safety Administration, Barbara Allen Babock, Asst. Atty. Gen., Leonard Schaitman, App. Staff, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

HAYNSWORTH, Chief Judge:

In 1976, the National Highway Traffic Safety Administration (NHTSA) published advance notice of proposed informal rulemaking to amend Federal Motor Vehicle Safety Standard (FMVSS) 115. Promulgated in 1968, FMVSS 115 required automobile manufacturers to attach to each passenger car a unique vehicle identification number (VIN), but did not specify format or content. As finally amended through informal rulemaking in March 1979, FMVSS 115 specifies...

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