Page:United States Statutes at Large Volume 114 Part 3.djvu/704

 114 STAT. 1802 PUBLIC LAW 106-414-NOV. 1, 2000 Procedures. Rules and regulations. under this subsection, the Secretary shall specify in the final rule promulgated under paragraph (1)— "(i) how such information will be reviewed and utilized to assist in the identification of defects related to motor vehicle safety; "(ii) the systems and processes the Secretary will employ or establish to review and utilize such information; and "(iii) the manner and form of reporting such information, including in electronic form. "(B) INFORMATION IN POSSESSION OF MANUFACTURER. — The regulations promulgated by the Secretary under paragraph (1) may not require a manufacturer of a motor vehicle or motor vehicle equipment to maintain or submit records respecting information not in the possession of the manufacturer. "(C) DISCLOSURE. —^None of the information collected pursuant to the final rule promulgated under paragraph (1) shall be disclosed pursuant to section 30167(b) unless the Secretary determines the disclosure of such information will assist in carrying out sections 30117(b) and 30118 through 30121. "(D) BURDENSOME REQUIREMENTS.— In promulgating the final rule under paragraph (1), the Secretary shall not impose requirements unduly burdensome to a manufacturer of a motor vehicle or motor vehicle equipment, taking into account the manufacturer's cost of compl3dng with such requirements and the Secretary's ability to use the information sought in a meaningful manner to assist in the identification of defects related to motor vehicle safety. "(5) PERIODIC REVIEW. —^As part of the final rule promulgated pursuant to paragraph (1), the Secretary shall specify procedures for the periodic review and update of such rule.". (c) SALE OR LEASE OF DEFECTIVE OR NONCOMPLL^NT TIRE. — Section 30166 of title 49, United States Code, as amended by subsection (b), is amended by adding at the end the following: " (n) SALE OR LEASE OF DEFECTIVE OR NONCOMPLL\NT TIRE. — "(1) IN GENERAL.— The Secretary shall, within 90 days of the date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, issue a final rule requiring any person who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire which is not compliant with an applicable tire safety standard with actual knowledge that the manufacturer of such tire has notified its dealers of such defect or noncompliance as required under section 30118(c) or as required by an order under section 30118(b) to report such sale or lease to the Secretary. "(2) DEFECT OR NONCOMPLLf\NCE REMEDIED OR ORDER NOT IN EFFECT. —^Regulations under paragraph (1) shall not require the reporting described in paragraph (1) where before delivery under a sale or lease of a tire— "(A) the defect or noncompliance of the tire is remedied as required by section 30120; or "(B) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the

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