49 U.S.C. § 30147 — Responsibility for defects and non-

Page 793 TITLE 49—TRANSPORTATION § 30161 1 So in original. Probably should be ‘‘misrepresentation.’’ standards prescribed under this chapter for which the inspection was made; and (B) release of the vehicle by the Secretary. (2) The Secretary of Transportation shall in- spect periodically a representative number of motor vehicles for which certifications have been filed under subsection (a)(1) of this section. In carrying out a motor vehicle testing program under this chapter, the Secretary shall include a representative number of motor vehicles for which certifications have been filed under sub- section (a)(1). (d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond may not be released under sub- section (a) of this section if the Secretary of Transportation, not later than 30 days after re- ceiving a certification under subsection (a)(1) of this section, gives written notice that the Sec- retary believes or has reason to believe that the certification is false or contains a mispresentation.1 The vehicle and bond may be released only after the Secretary is satisfied with the certification and any modification of the certification. (e) BOND RELEASE.—A release of a bond re- quired under section 30141(d) of this title is deemed an acceptance of a certification or com- pletion of an inspection under this section but is not a decision by the Secretary of Transpor- tation under section 30118(a) or (b) of this title of compliance with applicable motor vehicle safety standards prescribed under this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30146(a) ...... 15:1397(c)(3)(E)(i) (1st, 3d, last sen- tences), (vii). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(c)(3)(E); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2820. 30146(b) ...... 15:1397(c)(3)(E)(ii). 30146(c) ...... 15:1397(c)(3)(E)(i) (2d sentence), (iii), (iv). 30146(d) ...... 15:1397(c)(3)(E)(vi). 30146(e) ...... 15:1397(c)(3)(E)(v). In subsection (a)(1), the words ‘‘Except as provided in subsections (c) and (d) of this section’’ are added be- cause of the restatement. In subsection (a)(2)(B), the words ‘‘showing compli- ance with the standards’’ are substituted for ‘‘showing no such failure to comply’’ for clarity. § 30147. Responsibility for defects and non- compliance (a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND IMPORTER AS MANUFAC- TURER.—(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title— (A) for a defect or noncompliance with an applicable motor vehicle safety standard pre- scribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle hav- ing a valid certification under section 30146(a)(1) of this title and decided to be sub- stantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates oth- erwise to the Secretary of Transportation; and (B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into com- pliance with the standards for an individual under section 30142 of this title. (2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection. (b) FINANCIAL RESPONSIBILITY REQUIREMENT.— The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, sat- isfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sec- tions 30117(b), 30118–30121, and 30166(f) of this title. (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) 30147(a) ...... 15:1397(d)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(d); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2821. 30147(b) ...... 15:1397(d)(2). In this section, the words ‘‘(relating to discovery, no- tification, and remedy of motor vehicle defects)’’ are omitted as surplus. In subsection (a)(1)(A), the words ‘‘for a motor vehi- cle’’ are substituted for ‘‘in, or regarding, any motor vehicle’’ to eliminate unnecessary words. In subsection (a)(1)(B), the word ‘‘compliance’’ is sub- stituted for ‘‘conformity’’ for consistency in this chap- ter. SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE § 30161. Judicial review of standards (a) FILING AND VENUE.—A person adversely af- fected by an order prescribing a motor vehicle safety standard under this chapter may apply for review of the order by filing a petition for re- view in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the order is issued. (b) NOTIFYING SECRETARY.—The clerk of the court shall send immediately a copy of the peti- tion to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the order was pre- scribed. (c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the court may order the Sec- retary to receive additional evidence and evi- dence in rebuttal if the court is satisfied that the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary. (2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court.