49 U.S.C. § 30141 — Importing motor vehicles capable of

Page 789 TITLE 49—TRANSPORTATION § 30141 (B) a lane departure warning and lane- keeping assist system that— (i) warns the driver to maintain the lane of travel; and (ii) corrects the course of travel if the driver fails to do so. (b) COMPLIANCE DATE.—The Secretary of Transportation shall determine the appropriate effective date, and any phasing-in of require- ments, of the final rule promulgated pursuant to subsection (a). (Added Pub. L. 117–58, div. B, title IV, § 24208(a), Nov. 15, 2021, 135 Stat. 823.) SUBCHAPTER III—IMPORTING NONCOM- PLYING MOTOR VEHICLES AND EQUIP- MENT § 30141. Importing motor vehicles capable of complying with standards (a) GENERAL.—Section 30112(a) of this title does not apply to a motor vehicle if— (1) on the initiative of the Secretary of Transportation or on petition of a manufac- turer or importer registered under subsection (c) of this section, the Secretary decides— (A) the vehicle is— (i) substantially similar to a motor vehi- cle originally manufactured for import into and sale in the United States; (ii) certified under section 30115 of this title; (iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and (iv) capable of being readily altered to comply with applicable motor vehicle safe- ty standards prescribed under this chapter; or (B) if there is no substantially similar United States motor vehicle, the safety fea- tures of the vehicle comply with or are capa- ble of being altered to comply with those standards based on destructive test informa- tion or other evidence the Secretary of Transportation decides is adequate; (2) the vehicle is imported by a registered importer; and (3) the registered importer pays the annual fee the Secretary of Transportation estab- lishes under subsection (e) of this section to pay for the costs of carrying out the registra- tion program for importers under subsection (c) of this section and any other fees the Sec- retary of Transportation establishes to pay for the costs of— (A) processing bonds provided to the Sec- retary of the Treasury under subsection (d) of this section; and (B) making the decisions under this sub- chapter. (b) PROCEDURES ON DECIDING ON MOTOR VEHI- CLE CAPABILITY.—(1) The Secretary of Transpor- tation shall establish by regulation procedures for making a decision under subsection (a)(1) of this section and the information a petitioner must provide to show clearly that the motor ve- hicle is capable of being brought into compli- ance with applicable motor vehicle safety stand- ards prescribed under this chapter. In estab- lishing the procedures, the Secretary shall pro- vide for a minimum period of public notice and written comment consistent with ensuring expe- ditious, but complete, consideration and avoid- ing delay by any person. In making a decision under those procedures, the Secretary shall con- sider test information and other information available to the Secretary, including any infor- mation provided by the manufacturer. If the Secretary makes a negative decision, the Sec- retary may not make another decision for the same model until at least 3 calendar months have elapsed after the negative decision. (2) The Secretary of Transportation shall pub- lish each year in the Federal Register a list of all decisions made under subsection (a)(1) of this section. Each published decision applies to the model of the motor vehicle for which the deci- sion was made. A positive decision permits an- other importer registered under subsection (c) of this section to import a vehicle of the same model under this section if the importer com- plies with all the terms of the decision. (c) REGISTRATION.—(1) The Secretary of Trans- portation shall establish procedures for reg- istering a person who complies with require- ments prescribed by the Secretary by regulation under this subsection, including— (A) recordkeeping requirements; (B) inspection of records and facilities re- lated to motor vehicles the person has im- ported, altered, or both; and (C) requirements that ensure that the im- porter (or a successor in interest) will be able technically and financially to carry out re- sponsibilities under sections 30117(b), 30118–30121, and 30166(f) of this title. (2) The Secretary of Transportation shall deny registration to a person whose registration is re- voked under paragraph (4) of this subsection. (3) The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection. (4) The Secretary of Transportation shall es- tablish procedures for— (A) revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this sub- chapter or any of those sections; (B) automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for know- ingly filing a false or misleading certification under section 30146 of this title; and (C) reinstating suspended registrations. (d) BONDS.—(1) A person importing a motor ve- hicle under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of Transportation) and comply with the terms the Secretary of Transportation de- cides are appropriate to ensure that the vehi- cle— (A) will comply with applicable motor vehi- cle safety standards prescribed under this Page 790 TITLE 49—TRANSPORTATION § 30142 chapter within a reasonable time (specified by the Secretary of Transportation) after the ve- hicle is imported; or (B) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government. (2) The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the motor vehicle (as determined by the Secretary of the Treasury) but not more than 150 percent of that value. (e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of Transportation shall review and make appropriate adjustments at least every 2 years in the amounts of the fees required to be paid under subsection (a)(3) of this section. The Secretary of Transportation shall establish the fees for each fiscal year before the beginning of that year. All fees collected remain available until expended without fiscal year limit to the extent provided in advance by appropriation laws. The amounts are only for use by the Sec- retary of Transportation— (1) in carrying out this section and sections 30146(a)–(c)(1), (d), and (e) and 30147(b) of this title; and (2) in advancing to the Secretary of the Treasury amounts for costs incurred under this section and section 30146 of this title to reimburse the Secretary of the Treasury for those costs. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103–429, § 6(23), Oct. 31, 1994, 108 Stat. 4380.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 30141(a) ...... 15:1397(c)(3)(A), (C)(i). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(c)(2), (3)(A)–(D); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818. 30141(b) ...... 15:1397(c)(3)(C) (ii)–(iv). 30141(c) ...... 15:1397(c)(3)(D). 30141(d) ...... 15:1397(c)(2). 30141(e) ...... 15:1397(c)(3)(B). In subsection (a)(1)(A)(iv), the words ‘‘prescribed under this chapter’’ are substituted for ‘‘Federal’’ for consistency in this chapter. In subsection (a)(3), before clause (A), the words ‘‘any other fees’’ are substituted for ‘‘such other annual fee or fees’’ to eliminate unnecessary words. In clause (B), the words ‘‘this subchapter’’ are substituted for ‘‘this section’’ for clarity. See H. Rept. No. 100–431, 100th Cong., 1st Sess., p. 19 (1987). In subsection (b)(1), the words ‘‘procedures for mak- ing a decision under subsection (a)(1) of this section’’ are substituted for ‘‘procedures for considering such pe- titions’’ and ‘‘procedures for determinations made on the Secretary’s initiative’’ because of the restatement. The words ‘‘(whether or not confidential)’’ are omitted as unnecessary because of the restatement. In subsection (b)(2), the word ‘‘permits’’ is sub- stituted for ‘‘shall be sufficient authority’’ for clarity. The word ‘‘conditions’’ is omitted as being included in ‘‘terms’’. In subsection (c)(1), before clause (A), the words ‘‘under this subsection’’ are added for clarity. The word ‘‘including’’ is substituted for ‘‘include, as a minimum’’ to eliminate unnecessary words. In clause (B), the words ‘‘(relating to discovery, notification, and remedy of defects)’’ are omitted as surplus. In subsection (c)(3), the words ‘‘directly or indi- rectly’’ are omitted as unnecessary because of the re- statement. In subsection (d)(1), before clause (A), the word ‘‘con- ditions’’ is omitted as being included in ‘‘terms’’. PUB. L. 103–429 This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references. Editorial Notes AMENDMENTS 1994—Subsec. (c)(4)(A). Pub. L. 103–429 substituted ‘‘any of sections 30112’’ for ‘‘section 30112’’ and inserted ‘‘any of’’ before ‘‘those sections’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 30142. Importing motor vehicles for personal use (a) GENERAL.—Section 30112(a) of this title does not apply to an imported motor vehicle if— (1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title); (2) the vehicle is imported after January 31, 1990; and (3) the individual takes the actions required under subsection (b) of this section to receive an exemption. (b) EXEMPTIONS.—(1) To receive an exemption under subsection (a) of this section, an indi- vidual must— (A) provide the Secretary of the Treasury (acting for the Secretary of Transportation) with— (i) an appropriate bond in an amount de- termined under section 30141(d) of this title; (ii) a copy of an agreement with an im- porter registered under section 30141(c) of this title for bringing the motor vehicle into compliance with applicable motor vehicle safety standards prescribed under this chap- ter; and (iii) a certification that the vehicle meets the requirement of section 30141(a)(1)(A) or (B) of this title; and (B) comply with appropriate terms the Sec- retary of Transportation imposes to ensure that the vehicle— (i) will be brought into compliance with those standards within a reasonable time (specified by the Secretary of Transpor- tation) after the vehicle is imported; or (ii) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Govern- ment. (2) For good cause shown, the Secretary of Transportation may allow an individual addi- tional time, but not more than 30 days after the day on which the motor vehicle is offered for im- port, to comply with paragraph (1)(A)(ii) of this subsection.