Page:United States Statutes at Large Volume 108 Part 2.djvu/245

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 961 (A) the vehicle is— (i) substantially similar to a motor vehicle 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 safety standards prescribed under this chapter; or (B) if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information 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 Sec- ) retary of Transportation establishes under subsection (e) of this section to pay for the costs of carrying out the registration program for importers under subsection (c) of this section and any other fees the Secretary of Transportation establishes to pay for the costs of— (A) processing bonds provided to the Secretary of the Treasury under subsection (d) of this section; and (B) making the decisions under this subchapter. (b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABIL- ITY.— (1) The Secretary of Transportation shall establish by regula- Regulations, tion 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 vehicle is capable of being brought into compliance with applicable motor vehicle safety standards prescribed under this chapter. In establishing the procedures, the Secretary shall provide for a minimum period of public notice and written comment consistent with ensuring expeditious, but complete, consideration and avoiding delay by any person. In making a decision under those procedures, the Secretary shall consider test information and other information available to the Secretary, including any information provided by the manufacturer. If the Secretary makes a negative decision, the Secretary 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 publish 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 decision was made. A positive decision permits another importer registered under subsection (c) of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision. (c) REGISTRATION. — (1) The Secretary of Transportation shall establish procedures for registering a person who complies with requirements prescribed by the Secretary by regulation under this subsection, including— (A) recordkeeping requirements; (B) inspection of records and facilities related to motor vehicles the person has imported, altered, or both; and Federal Register, publication.

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