Page:United States Statutes at Large Volume 88 Part 2.djvu/155

 88 STAT. ]

PUBLIC LAW 93-492-OCT. 27, 1974

"(2) contains a defect which relates to motor vehicle safety; he shall immediately notify the manufacturer of such motor vehicle or item of replacement equipment of such determination, and shall publish notice of such determination in the Federal Register. The notification to the manufacturer shall include all information upon which the determination of the Secretary is based. Such notification (including such information) shall be available to any interested person, subject to section 1 5 8 (a)(2)(B). The Secretary shall afford such manufacturer an opportunity to present data, views, and arguments to establish that there is no defect or failure to comply or that the alleged defect does not affect motor vehicle safety; and shall afford other interested persons an opportunity to present data, views, and arguments respecting the determination of the Secretary. " (b) If, after such presentations by the manufacturer and interested persons, the Secretary determines that such vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard, or contains a defect which relates to motor vehicle safety, the Secretary shall order the manufacturer (1) to furnish notification respecting such vehicle or item of replacement equipment to owners, purchasers, and dealers in accordance with section 153, and (2) to remedy such defect or failure to comply in accordance with section 154.

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"CONTENTS, TIME, AND FORM OF NOTICE

"SEC. 153. (a) The notification required by section 151 or 152 respecting a defect in or failure to comply of a motor vehicle or item of replacement equipment shall contain, in addition to such other matters as the Secretary may prescribe by regulation— " (1) a clear description of such defect or failure to comply; " (2) an evaluation of the risk to motor vehicle safety reasonably related to such defect or failure to comply; "(3) a statement of the measures to be taken to obtain remedy of such defect or failure to comply; "(4) a statement that the manufacturer furnishing the notification will cause such defect or failure to comply to be remedied without charge pursuant to section 154; "(5) the earliest date (specified in accordance with the second and third sentences of section 154(|b)(2)) on which such defect or failure to comply will be remedied without charge and, in the case of tires, the period during which such defect or failure to comply will be remedied without charge pursuant to section 154; and manufacturer, distributor, or dealer fails or is unable to remedy without charge such defect or failure to comply. " (b) The notification required by section 151 or 152 shall be furnished— "(1) within a reasonable time after the manufacturer first makes a determination with respect to a defect or failure to comply under section 151; or "(2) within a reasonable time (prescribed by the Secretary) after the manufacturer's receipt of notice of the Secretary's determination pursuant to section 152 that there is a defect or failure to comply. "(c) The notification required by section 151 or 152 with respect to a motor vehicle or item of replacement equipment shall be accomplished—
 * ' (6) a description of the procedure to be followed by the recipient of the notification in informing the Secretary whenever a

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