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Conditional Rule A conditional rule is a rule whose applicability is dependent on a future act or acts or on a particular factual determination. The following are examples of conditional rules: (1) the National Highway Traffic Safety Administration rule requiring the installation of automatic restraints in all new cars beginning with the 1990 model unless prior to that date State mandatory seat belt laws are enacted by States that cover at least 2/3 of the U.S. population (49 CFR § 571.208); (2) DOT's random drug testing rule that requires 50% of all covered employees to be tested annually, but if after two consecutive years the reported positive rate is less than 1%, the number tested annually could be dropped to 25%; (3) an NRC rule requiring the monitoring of the performance or condition of certain structures, systems, and components, but relieving the monitoring requirement if appropriate preventive maintenance effectively controls the structure, system, or component so that it remains capable of performing its intended function (10 CFR § 50.65(a)).
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