National Tire Dealers and Retreaders Association, Inc. v. Claude S. Brinegar, Secretary of Department of Transportation

WILKEY, Circuit Judge:

Petitioner National Tire Dealers and Retreaders Association, Inc. (NTDRA) seeks review of Federal Motor Vehicle Safety Standard No. 117,1 issued on 23 March 1972 by the National Highway Traffic Safety Administration, a division of the Department of Transportation. Standard No. 117 was promulgated under the authority granted to respondent, the Secretary of Transportation, by section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act).2 Section 103 empowers the Secretary to “establish by order ap*33propriate Federal motor vehicle safety standards.”

Petiti…