§ 30141. Importing motor vehicles capable of complying with standards
(a)
General.—
Section
30112
(a) of this title does not apply to a motor vehicle if—
(1)
on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection (c) of this section, the Secretary decides—
(3)
the registered importer pays the annual fee the Secretary 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—
(b)
Procedures on Deciding on Motor Vehicle Capability.—
(1)
The Secretary of Transportation shall establish by regulation 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—
(2)
The Secretary of Transportation shall deny registration to a person whose registration is revoked under paragraph (4) of this subsection.
(3)
The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection.
(4)
The Secretary of Transportation shall establish procedures for—
(A)
revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections
30112,
30115,
30117–30122,
30125
(c),
30127, or
30166 of this title or regulations prescribed under this subchapter or any of those sections;
(B)
automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for knowingly filing a false or misleading certification under section
30146 of this title; and
(d)
Bonds.—
(1)
A person importing a motor vehicle under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of Transportation) and comply with the terms the Secretary of Transportation decides are appropriate to ensure that the vehicle—
(e)
Fee Review, Adjustment, and Use.—
The Secretary of Transportation shall review and make appropriate adjustments at least every 2 years in the amounts of the fees required to be paid under subsection (a)(3) of this section. The Secretary of Transportation shall establish the fees for each fiscal year before the beginning of that year. All fees collected remain available until expended without fiscal year limit to the extent provided in advance by appropriation laws. The amounts are only for use by the Secretary of Transportation—
(1)
in carrying out this section and sections
30146
(a)–(c)(1), (d), and (e) and 30147(b) of this title; and
(2)
in advancing to the Secretary of the Treasury amounts for costs incurred under this section and section
30146 of this title to reimburse the Secretary of the Treasury for those costs.