§ 30164 — Service Of Process; Conditions On Importation Of Vehicles And Equipment

(a) A manufacturer offering a motor vehicle or motor vehicle equipment for import shall designate an agent on whom service of notices and process in administrative and judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The designation may be changed in the same way as originally made. (b) An agent may be served at the agent’s office or usual place of residence. Service on the agent is deemed to be service on the manufacturer. If a manufacturer does not designate an agent, service may be made by posting the notice or process in the office of the Secretary. (c) A manufacturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by rule, may specify, including— (1) the product by name and the manufacturer’s address; and (2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter. (d) The Secretary may issue regulations that— (1) condition the import of a motor vehicle or motor vehicle equipment on the manufacturer’s compliance with— (A) the requirements under this section; (B) paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment; (C) the provision of reports and records required to be maintained with respect to such motor vehicle or motor vehicle equipment under this chapter; (D) a request for inspection of premises, vehicle, or equipment under section 30166; (E) an order or voluntary agreement to remedy such vehicle or equipment; or (F) any rules implementing the requirements described in this subsection; (2) provide an opportunity for the manufacturer to present information before the Secretary’s determination as to whether the manufacturer’s imports should be restricted; and (3) establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles or motor vehicle equipment. (e) The requirements of subsections (c) and (d) shall not apply to original manufacturers (or wholly owned subsidiaries) of motor vehicles that, prior to the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012— (1) have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards; (2) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and (3) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations. (f) In issuing regulations under this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security.