Page:United States Statutes at Large Volume 108 Part 2.djvu/250

 108 STAT. 966 PUBLIC LAW 103-272—JULY 5, 1994 or (b) of this title of compliance with applicable motor vehicle safety standards prescribed under this chapter. § 30147. Responsibility for defects and noncompliance (a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND IMPORTER AS MANUFACTURER. —(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 prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to ^ be substantially 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 otherwise 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 compliance with the standards for an individual under section 30142 of this title. Federal (2) The Secretary shall publish in the Federal Register notice Register, QJ- ^j^y defect or noncompliance under paragraph (1)(A) of this pu ica ion. subsection. (b) FINANCIAL RESPONSIBILITY REQUIREMENT. —The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118-30121, and 30166(f) of this title. SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE §30161. Judicial review of standards (a) FILING AND VENUE.— ^A person adversely affected by an order prescribing a motor vehicle safety standard under this chapter may apply for review of the order by filing a petition for review 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 petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the order was prescribed. (c) ADDITIONAL PROCEEDINGS. - —(1) On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence 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. (d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Secretary shall give any interested person a certified copy of the transcript of the record in a proceeding under this section on request

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