49 U.S.C. § 30163 — Actions by the Attorney General

Page 794 TITLE 49—TRANSPORTATION § 30162 (d) CERTIFIED COPIES OF RECORDS OF PRO- CEEDINGS.—The Secretary shall give any inter- ested person a certified copy of the transcript of the record in a proceeding under this section on request and payment of costs. A certified copy of the record of the proceeding is admissible in a proceeding arising out of a matter under this chapter, regardless of whether the proceeding under this section has begun or becomes final. (e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—A judgment of a court under this sec- tion is final and may be reviewed only by the Supreme Court under section 1254 of title 28. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 966.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30161(a) ...... 15:1394(a)(1) (1st sen- tence), (3). Sept. 9, 1966, Pub. L. 89–563, § 105(a)(1)–(5), (b), 80 Stat. 720, 721. 30161(b) ...... 15:1394(a)(1) (2d, last sentences). 30161(c) ...... 15:1394(a)(2). 30161(d) ...... 15:1394(b). 30161(e) ...... 15:1394(a)(4), (5). In subsection (a), the words ‘‘In a case of actual con- troversy as to the validity of’’ and ‘‘who will be . . . when it is effective’’ are omitted as surplus. The words ‘‘an order prescribing a motor vehicle safety standard under this chapter’’ are substituted for ‘‘any order under section 1392 of this title’’ for consistency. The words ‘‘apply for review’’ are added for clarity. The words ‘‘The petition must be filed’’ are substituted for ‘‘at any time’’ for clarity. The text of 15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless other- wise stated. In subsection (b), the words ‘‘or other officer des- ignated by him for that purpose’’ are omitted as sur- plus because of 49:322(b). The words ‘‘in which the order was prescribed’’ are substituted for ‘‘on which the Sec- retary based his order’’ for consistency. The words ‘‘as provided in section 2112 of title 28’’ are omitted as sur- plus. In subsection (c)(1), the words ‘‘in such manner and upon such terms and conditions as to the court may seem proper’’ are omitted as surplus. The words ‘‘is sat- isfied’’ are substituted for ‘‘shows to the satisfaction of’’ to eliminate unnecessary words. The words ‘‘and to be adduced upon the hearing’’ are omitted as unneces- sary. In subsection (c)(2), the words ‘‘with the court’’ are substituted for ‘‘the return of’’ for clarity. In subsection (d), the words ‘‘thereof’’ and ‘‘criminal, exclusion of imports, or other’’ are omitted as surplus. The words ‘‘under this section’’ are substituted for ‘‘with respect to the order’’ for clarity. The word ‘‘pre- viously’’ is omitted as surplus. In subsection (e), the words ‘‘under this section is final and may be reviewed only’’ are substituted for ‘‘affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to re- view’’ to eliminate unnecessary words. The text of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.). § 30162. Petitions by interested persons for standards and enforcement (a) FILING.—Any interested person may file a petition with the Secretary of Transportation requesting the Secretary to begin a proceeding— (1) to prescribe a motor vehicle safety stand- ard under this chapter; or (2) to decide whether to issue an order under section 30118(b) of this title. (b) STATEMENT OF FACTS.—A petition under this section must state facts that the person claims establish that a motor vehicle safety standard or order referred to in subsection (a) of this section is necessary and briefly describe the order the Secretary should issue. (c) PROCEEDINGS.—The Secretary may hold a public hearing or conduct an investigation or proceeding to decide whether to grant a petition under this section. (d) ACTIONS OF SECRETARY.— (1) IN GENERAL.—The Secretary shall deter- mine whether to approve or deny a petition under this section by not later than 120 days after the petition is filed. (2) APPROVAL.—If a petition under this sec- tion is approved, the Secretary shall begin the proceeding promptly. (3) DENIAL.—If a petition under this section is denied, the Secretary shall publish the rea- sons for the denial in the Federal Register. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 967; Pub. L. 117–58, div. B, title IV, § 24206, Nov. 15, 2021, 135 Stat. 822.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30162(a) ...... 15:1410a(a). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 124(a)–(d); added Oct. 27, 1974, Pub. L. 93–492, § 106, 88 Stat. 1481. 30162(b) ...... 15:1410a(b). 30162(c) ...... 15:1410a(c). 30162(d) ...... 15:1410a(d). Subsection (a)(1) is substituted for ‘‘the issuance of an order pursuant to section 1392 of this title’’ for clar- ity and because of the restatement. In subsection (b), the words ‘‘a motor vehicle safety standard’’ are added because of the restatement. The words ‘‘referred to in subsection (a) of this section’’ are added for clarity. The words ‘‘of the substance’’ are omitted as surplus. In subsection (c), the words ‘‘as he deems appropriate in order’’ and ‘‘or not’’ are omitted as surplus. In subsection (d), the words ‘‘described in subsection (b) of this section’’, ‘‘either’’, and ‘‘requested in the pe- tition’’ are omitted as surplus. Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 24206(1), substituted ‘‘A petition under this section’’ for ‘‘The petition’’. Subsec. (c). Pub. L. 117–58, § 24206(2), substituted ‘‘a petition under this section’’ for ‘‘the petition’’. Subsec. (d). Pub. L. 117–58, § 24206(3), designated first to third sentences of existing provisions as pars. (1) to (3), respectively, and inserted headings. Subsec. (d)(1). Pub. L. 117–58, § 24206(3)(C), substituted ‘‘The Secretary shall determine whether to approve or deny a petition under this section by’’ for ‘‘The Sec- retary shall grant or deny a petition’’. Subsec. (d)(2). Pub. L. 117–58, § 24206(3)(B), substituted ‘‘If a petition under this section is approved’’ for ‘‘If a petition is granted’’. Subsec. (d)(3). Pub. L. 117–58, § 24206(3)(A), substituted ‘‘If a petition under this section’’ for ‘‘If a petition’’. § 30163. Actions by the Attorney General (a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may bring a civil action in a United States district court to enjoin— (1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and Page 795 TITLE 49—TRANSPORTATION § 30164 (2) the sale, offer for sale, or introduction or delivery for introduction, in interstate com- merce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for re- sale, that the vehicle or equipment— (A) contains a defect related to motor ve- hicle safety about which notice was given under section 30118(c) of this title or an order was issued under section 30118(b) of this title; or (B) does not comply with an applicable motor vehicle safety standard prescribed under this chapter. (b) PRIOR NOTICE.—When practicable, the Sec- retary of Transportation shall notify a person against whom a civil action under subsection (a) of this section is planned, give the person an op- portunity to present that person’s views, and, except for a knowing and willful violation of this chapter, give the person a reasonable oppor- tunity to remedy the defect or comply with the applicable motor vehicle safety standard pre- scribed under this chapter. Failure to give no- tice and an opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter does not prevent a court from granting appropriate relief. (c) VENUE.—Except as provided in section 30121(d) of this title, a civil action under this section or section 30165(a) of this title may be brought in the judicial district in which the vio- lation occurred or the defendant is found, re- sides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found. (d) JURY TRIAL DEMAND.—In a trial for crimi- nal contempt for violating an injunction or re- straining order issued under subsection (a) of this section, the violation of which is also a vio- lation of this chapter, the defendant may de- mand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). (e) SUBPENAS FOR WITNESSES.—In a civil action brought under this section, a subpena for a wit- ness may be served in any judicial district. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 967.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30163(a) ...... 15:1399(a) (1st sen- tence). Sept. 9, 1966, Pub. L. 89–563, § 110(a), (c), 80 Stat. 723, 724; Oct. 27, 1974, Pub. L. 93–492, §§ 102(b)(2), 103(c), 88 Stat. 1477, 1478. 15:1424(b) (related to injunctions). Sept. 9, 1966, Pub. L. 89–563, § 204(b) (related to injunc- tions), 80 Stat. 729. 30163(b) ...... 15:1399(a) (2d, last sentences). 30163(c) ...... 15:1399(c). 30163(d) ...... 15:1399(b). Sept. 9, 1966, Pub. L. 89–563, § 110(b), (d) (related to § 110), 80 Stat. 723, 724. 30163(e) ...... 15:1399(d) (related to 15:1399). In subsection (a), before clause (1), the text of 15:1424(b) (related to injunctions) is omitted because of the restatement. The words ‘‘The Attorney General may bring a civil action’’ are substituted for ‘‘upon pe- tition by . . . the Attorney General’’ for consistency. The words ‘‘the appropriate United States attorney or . . . on behalf of the United States’’ are omitted as sur- plus. The words ‘‘for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure’’ are omitted as surplus. In clause (1), the words ‘‘a regulation prescribed or order issued under this chapter’’ are substituted for ‘‘(or rules, regu- lations or orders thereunder)’’ for clarity and consist- ency and because ‘‘rule’’ and ‘‘regulation’’ are synony- mous. In clause (2), before subclause (A), the words ‘‘that the vehicle or equipment’’ are added for clarity. The words ‘‘of such vehicle’’ and ‘‘purposes’’ are omit- ted as surplus. In subclause (B), the words ‘‘does not comply with’’ are substituted for ‘‘is determined . . . not to conform to’’ for clarity and consistency. In subsections (b), (c), and (e), the word ‘‘civil’’ is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b), the words ‘‘comply with the appli- cable motor vehicle safety standard prescribed under this chapter’’ are substituted for ‘‘achieve compli- ance’’, and the words ‘‘a court’’ are added, for clarity. In subsection (c), the words ‘‘any act or transaction constituting the’’ are omitted as surplus. The word ‘‘re- sides’’ is substituted for ‘‘is an inhabitant’’ for consist- ency in the revised title. The words ‘‘the action’’ are substituted for ‘‘such cases’’ for consistency. In subsection (d), the words ‘‘the defendant may de- mand a jury trial’’ are substituted for ‘‘trial shall be by the court, or, upon demand of the accused, by a jury’’ to eliminate unnecessary words and for consistency in the revised title. In subsection (e), the words ‘‘who are required to at- tend a United States district court’’ are omitted as sur- plus. The words ‘‘be served in’’ are substituted for ‘‘run into’’ for clarity. § 30164. Service of process; conditions on impor- tation of vehicles and equipment (a) DESIGNATING AGENTS.—A manufacturer of- fering a motor vehicle or motor vehicle equip- ment for import shall designate an agent on whom service of notices and process in adminis- trative and judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The des- ignation may be changed in the same way as originally made. (b) SERVICE.—An agent may be served at the agent’s office or usual place of residence. Serv- ice on the agent is deemed to be service on the manufacturer. If a manufacturer does not des- ignate an agent, service may be made by posting the notice or process in the office of the Sec- retary. (c) IDENTIFYING INFORMATION.—A manufac- turer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the prod- ucts as the Secretary, by rule, may specify, in- cluding— (1) the product by name and the manufactur- er’s address; and (2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter. (d) REGULATIONS ON THE IMPORT OF A MOTOR VEHICLE.—The Secretary may issue regulations that— (1) condition the import of a motor vehicle or motor vehicle equipment on the manufac- turer’s compliance with— (A) the requirements under this section;