PART 592 REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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1 Nat l Highway Traffic Safety Admin., DOT (Printed name and title) [60 FR 57954, Nov. 24, 1995] APPENDIX C TO PART 591 POWER OF ATTORNEY AND AGREEMENT does constitute and appoint the Administrator of the National Highway Traffic Safety Administration, United States Department of Transportation, or delegate, as attorney for the undersigned, for and in the name of the undersigned to collect or to sell, assign, and transfer the securities described below as follows: Title Matures Int. Rate Denom. Serial # Coupon/registered The securities having been deposited by it as security for the performance of the agreements undertaken in a bond with the United States, executed on the date of,, the terms and conditions of which are incorporated by reference into this power of attorney and agreement and made a part hereof. The undersigned agrees that in case of any default in the performance of any of the agreements the attorney shall have full power to collect the securities or any part thereof, or to sell, assign, and transfer the securities or any part thereof, or to sell, assign, and transfer the securities of any part thereof at public or private sale, without notice, free from any equity of redemption and without appraisement or valuation, notice and right to redeem being waived and to apply the proceeds of the sale or collection in whole or in part to the satisfaction of any obligation arising by reason of default. The undersigned further agrees that the authority granted by this agreement is irrevocable. The undersigned ratifies and confirms whatever the attorney shall do by virtue of this agreement. Witnessed and signed this day of,. Before me, the undersigned, a notary public within and for the County of in the State of, personally appeared and acknowledged the execution of the foregoing power of attorney. Witness my hand and notarial seal this day of, 199. [Notarial seal] Notary Public [58 FR 12909, Mar. 8, 1993] PART 592 REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS Sec Scope Purpose Applicability Definitions Requirements for registration and its maintenance Duties of a registered importer Revocation, suspension and reinstatement of registration Inspection; release of vehicle and bond. AUTHORITY: Pub. L , 49 U.S.C. 322(a), 30117; delegation of authority at 49 CFR SOURCE: 54 FR 40090, Sept. 29, 1989, unless otherwise noted Scope. This part establishes procedures under 49 U.S.C (c) for the registration of importers of motor vehicles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards. This part also establishes the duties of Registered Importers. [59 FR 52098, Oct. 14, 1994] Purpose. The purpose of this part is to provide content and format requirements for persons who wish to register with the Administrator as importers of motor vehicles not originally manufactured to conform to all applicable Federal motor vehicle safety standards, to provide procedures for the registration of importers and for the suspension, revocation and reinstatement of registration, and to set forth the duties required of Registered Importers Applicability. This part applies to any person who wishes to register with the Administrator as an importer of nonconforming vehicles, and to any person who is registered as an importer. 865

2 Definitions. All terms in this part that are defined in 49 U.S.C and are used as defined therein. Administrator means the Administrator, National Highway Traffic Safety Administration. NHTSA means the National Highway Traffic Safety Administration. Registered Importer means any person that the Administrator has registered as an importer pursuant to section 592.5(b). [54 FR 40090, Sept. 29, 1989, as amended at 59 FR 52098, Oct. 14, 1994] Requirements for registration and its maintenance. (a) Any person wishing to register as an importer of motor vehicles not originally manufactured to conform to all applicable Federal motor vehicle safety standards must file an application which: (1) Is headed with the words Application for Registration as Importer, and submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Room 6115, 400 7th Street SW., Washington, DC 20590, Attn: NEF 32 Importer Registration. (2) Is written in the English language. (3) Sets forth the full name, address, and title of the person preparing the application, and the name, address, and telephone number of the person for whom application is made. (4) Sets forth, as applicable, the names of all owners, including shareholders, partners, or sole proprietors, of the person for whom application is made. (5) If any of the owners listed in paragraph (a)(4) of this section are corporations, sets forth the names of all shareholders of such corporation whose ownership interest is 10 percent or greater. (6) Contains a statement that the applicant has never had a registration revoked pursuant to 592.7, nor is it or was it, directly or indirectly, owned or controlled by, or under common ownership or control with, a person who has had a registration revoked pursuant to (7) Contains a certified check payable to the Treasurer of the United States, for the amount of the initial annual fee 49 CFR Ch. V ( Edition) established pursuant to part 594 of this chapter. (8) Contains a copy of a contract to acquire, effective upon its registration as an importer, a prepaid mandatory service insurance policy underwritten by an independent insurance company, or a copy of such policy, in an amount that equals $2,000 for each motor vehicle for which the applicant will furnish a certificate of conformity to the Administrator, for the purpose of ensuring that the applicant will be able financially to remedy any noncompliance or safety related defect determined to exist in any such motor vehicle in accordance with part 573 and part 577 of this chapter. If the application is accompanied by a copy of a contract to acquire such a policy, the applicant shall provide NHTSA with a copy of the policy within 10 days after it has been issued to the applicant. (9) Sets forth in full data, views, and arguments of the applicant sufficient to establish that the applicant will be able, through a records system of acquiring and maintaining names and addresses of owners of vehicles for which it furnishes a certificate of conformity, and Vehicle Identification Numbers (VINs) of such vehicles, to notify such owners that a noncompliance or safety related defect exists in such vehicles, and that it will be financially able to remedy a noncompliance or safety related defect through repurchase or replacement of such vehicles, or technically able through repair of such vehicles, in accordance with part 573 and part 577 of this chapter. (10) Segregates and specifies any part of the information and data submitted under this part that the applicant wishes to have withheld from public disclosure in accordance with part 512 of this chapter. (11) Contains a statement that the applicant will fully comply with all duties of a registered importer as set forth in (12) Has the applicant s signature acknowledged by a notary public. (b) If the information submitted is incomplete, the Administrator notifies the applicant of the areas of insufficiency, and that the application is in abeyance. 866

3 Nat l Highway Traffic Safety Admin., DOT (c) If the Administrator deems it necessary for a determination upon the application, NHTSA conducts an inspection of the applicant. Subsequent to the inspection, NHTSA calculates the costs attributable to such inspection, and notifies the applicant in writing that such costs comprise a component of the initial annual fee and must be paid before a determination is made upon its application. (d) When the application is complete (and, if applicable, when a sum representing the inspection component of the initial annual fee is paid), it is reviewed and a determination made whether the applicant should be granted the status of Registered Importer. Such determination may be based, in part, upon an inspection by NHTSA of the conformance, storage, and recordkeeping facilities of the applicant. If the Administrator determines that the application is acceptable, (s)he informs the applicant in writing that its application is approved, and issues it a Registered Importer Number. If the information is not acceptable, the Administration informs the applicant in writing that its application is not approved. No refund is made of those components of the initial annual fee representing the costs of processing the application, and conducting an inspection. Refund is made of that component of the initial annual fee representing the remaining costs of administration of the registration program. (e) In order to maintain its registration, a Registered Importer shall provide an annual statement that affirms that all information provided under paragraphs (a)(4), (a)(5), (a)(6), (a)(9), and (a)(11) of this section remains correct, and that includes a current copy of its insurance policy procured pursuant to paragraph (a)(8) of this section. Such statement shall be titled Yearly Statement of Registered Importer, and shall be filed not later than October 31 of each year. A Registered Importer shall also pay such annual fee or fees as the Administrator may from time to time establish under part 594 of this chapter. An annual fee shall be paid not later than October 31 of any calendar year, and shall be the annual fee for the fiscal year that began on October 1 of that calendar year. Any other fee shall be payable not later than 30 calendar days after the date that the Administrator has notified the Registered Importer of it in writing. (f) A Registered Importer shall notify the Administrator in writing of any change that occurs in the information which is submitted in its application, not later than the end of the 30th calendar day after such change. (g) A registration granted under this part is not transferable. [54 FR 40090, Sept. 29, 1989, as amended at 54 FR 47088, Nov. 9, 1989; 55 FR 37330, Sept. 11, 1990] Duties of a registered importer. Each Registered Importer shall: (a) With respect to each motor vehicle that it imports into the United States, furnish to the Secretary of the Treasury (acting on behalf of the Administrator) a bond in an amount equal to 150 per cent of the entered value of the vehicle, as determined by the Secretary of the Treasury, to ensure that such vehicle either will be brought into conformity with all applicable Federal motor vehicle safety standards prescribed under part 571 of this chapter within 120 calendar days after such importation, or will be exported (at no cost to the United States) by the importer or the Secretary of the Treasury, or abandoned to the United States. However, if the Registered Importer has procured a continuous entry bond, it shall furnish the Administrator with such bond, and shall furnish the Secretary of the Treasury (acting on behalf of the Administrator) with a photocopy of such bond and Customs Form CF 7501 at the time of importation of each motor vehicle. (b) Establish, maintain, and retain for 8 years from the date of entry of any nonconforming vehicle for which it furnishes a certificate of conformity pursuant to paragraph (e) of this section, organized records, correspondence and other documents relating to the importation, modification, and substantiation of certification of conformity to the Administrator, including but not limited to: (1) The declaration required by of this chapter, and 19 CFR

4 CFR Ch. V ( Edition) (2) All vehicle or equipment purchase or sales orders or agreements, conformance agreements with importers other than Registered Importers, and correspondence between the Registered Importer and the owner or purchaser of each vehicle for which it has furnished a certificate of conformity. (3) The last known name and address of the owner or purchaser of each motor vehicle for which it has furnished a certificate of conformity, and the VIN number of such vehicle. (4) Records, both photographic and documentary, reflecting the modifications made and submitted to the Administrator pursuant to paragraph (e) of this section. (c) Records, both photographic and documentary, sufficient to substantiate each subsequent certificate furnished to the Administrator for a vehicle of the same model and model year for which documentation has been furnished NHTSA in support of the initial certificate. (d) Permanently affix to each motor vehicle, upon completion of modifications, a label that meets the requirements of of this chapter, which identifies the Registered Importer, and provide to the Administrator a photocopy of the label attesting that such vehicle has been brought into conformity with all applicable Federal motor vehicle safety and bumper standards. (e) Certify to the Administrator, upon completion of modifications, that the vehicle has been brought into conformity with all applicable Federal motor vehicle safety and bumper standards, and that it is the person legally responsible for bringing the vehicle into conformity. (f) In substantiation of the initial certification provided for a specific model and model year, submit to the Administrator photographic and documentary evidence of conformance with each applicable Federal motor vehicle safety and bumper standard, and with respect to subsequent certifications of such model and model year, such information, if any, as the Administrator may request. (g) With respect to any motor vehicle for which it has furnished a certificate of conformity to the Administrator, provide notification and remedy according to part 573 and part 577 of this chapter, under any determination. (1) That a vehicle to which it is substantially similar, as determined under part 593 of this chapter, incorporates a safety related defect or fails to conform with an applicable Federal motor vehicle safety standard. However, this obligation does not exist if the manufacturer of the vehicle or Registered Importer demonstrates to the Administrator that the defect or noncompliance is not present in such vehicle. (2) That the vehicle incorporates a safety related defect or fails to conform with an applicable Federal motor vehicle safety standard, without reference to whether such may exist in a vehicle to which it is substantially similar, or whether such exists because it was created by the original manufacturer or by the Registered Importer. (i) The requirement of 49 U.S.C that remedy shall be provided without charge shall not apply if the noncompliance or safety related defect exists in a motor vehicle whose first sale after importation occurred more than 8 calendar years before notification respecting the failure to comply is furnished pursuant to part 577 of this chapter, except that if a safety related defect exists and is attributable to the original manufacturer and not the Registered Importer, the requirements of 49 U.S.C shall not apply to a motor vehicle whose date of first purchase, if known, or if not known, whose date of manufacture as determined by the Administrator, is more than 8 years from the date on which notification is furnished pursuant to part 577 of this chapter. (ii) Notification furnished pursuant to this paragraph and part 577 of this chapter shall include the statement that in the absence of the Registered Importer s facility being within 50 miles of the owner s mailing address for performance of repairs, such repairs may be performed at a specific facility designated by the Registered Importer within 50 miles, or, if no such facility is designated, anywhere, and shall also include an explanation how repair is to be accomplished without charge to the vehicle owner. 868

5 Nat l Highway Traffic Safety Admin., DOT (h) In order to allow the Administrator to determine whether a Registered Importer is meeting its statutory responsibilities, admit representatives of NHTSA during operating hours, upon demand, and upon presentation of credentials, to copy documents, or to inspect, monitor, or photograph any of the following: (1) Any facility where any vehicle, for which a Registered Importer has the responsibility of providing a certificate of conformity to applicable safety standards, is being modified, tested, or stored; (2) Any facility where any record or other document relating to modification, testing, or storage of vehicles being conformed, is filed; (3) Any part or aspect of activities relating to the modification, testing, and/or storage of vehicles by the Registered Importer. (4) Any motor vehicle for which it has provided a certification of conformity to the Administrator, and which remains in its custody or under its control. (i) Maintain in effect a prepaid mandatory service insurance policy underwritten by an independent insurance company as a guarantor of its performance under paragraph (g) of this section. (j) With respect to any motor vehicle it has imported and for which it has furnished a performance bond, to deliver such vehicle to the Secretary of the Treasury for export, or to abandon it to the United States, upon demand by the Administrator if such vehicle has not been brought into conformity with all applicable Federal motor vehicle safety standards. [54 FR 40090, Sept. 29, 1989, as amended at 54 FR 47088, Nov. 9, 1989; 58 FR 30997, May 28, 1993; 59 FR 31560, June 20, 1994; 59 FR 52098, Oct. 14, 1994] Revocation, suspension and reinstatement of registration. (a) If the Administrator has not received any fee assessed and owing by the end of the 30th calendar day after such fee is due and payable, a registration is automatically suspended at the beginning of the 31st calendar day, and the Registered Importer is immediately notified in writing of the suspension at the address contained in its most recent annual statement or amendment thereof. (b) If the Administrator has reason to believe that a Registered Importer has knowingly filed a false or misleading certification, and that its registration should be automatically suspended or revoked, (s)he notifies the Registered Importer in writing of the facts giving rise to such reason to believe, affording an opportunity to present data, views, and arguments, either in writing or in person, within 30 calendar days after receipt of the Administrator s letter, as to whether it has submitted false or misleading certification, and as to why the registration ought not to be revoked or suspended. The Administrator then makes a decision after the 30-day period on the basis of all information then available. If, after consideration of all the data available, the Administrator determines that the Registered Importer has knowingly filed a false or misleading certification, the registration is automatically suspended or revoked, and the Registered Importer notified in writing. Any suspension or revocation is effective as of the date of the Administrator s determination. The Administrator shall state the period of any suspension in the notice to the Registered Importer. (c) The Administrator may suspend a registration if a Registered Importer fails to comply with any requirement set forth in 49 U.S.C (c), 592.5(c), or 592.6, or if (s)he denies an application filed under 592.5(d). The Administrator may revoke a registration after any failure to comply with any such requirement, or if (s)he denies an application filed under 592.5(d). If the Administrator has reason to believe that there has been such a failure to comply and that the Registered Importer s registration should be revoked or suspended, (s)he notifies the Registered Importer in writing, affording an opportunity to present data, views, and arguments, either in writing or in person, within 30 calendar days after receipt of the Administrator s letter, as to whether there has been a failure to comply and as to why the registration ought not to be revoked or suspended. The Administrator then makes a decision after the 30-day period on the 869

6 592.8 basis of all information then available. If the Administrator determines that a registration should be revoked or suspended, (s)he notifies the Registered Importer in writing. A revocation is effective immediately. A suspension is effective beginning with a date specified in the written notification. (d) A Registered Importer whose registration has been revoked or suspended may request reconsideration of the revocation or suspension if the request is supported by factual matter which was not available to the Administrator at the time the registration was suspended or revoked. (e) If its registration has been revoked, a Registered Importer is ineligible to apply for reregistration under this part. No refund is provided of any annual or other fees the Registered Importer has paid for the fiscal year in which its registration is revoked. If its registration has been suspended, it may file an application for reinstatement of its registration. (f) The Administrator shall reinstate a suspended registration if the cause that led to the suspension no longer exists, as determined by the Administrator, either upon the Administrator s motion, or upon the submission of further information or fees by the Registered Importer. [54 FR 40090, Sept. 29, 1989, as amended at 59 FR 52098, Oct. 14, 1994] Inspection; release of vehicle and bond. 49 CFR Ch. V ( Edition) (a) With respect to any motor vehicle for which it is obligated to provide a certificate of conformity to the Administrator as required by 592.6(d), a Registered Importer shall not obtain licensing or registration of the motor vehicle for use on the public roads, or release custody of it for such licensing and registration, except in accordance with the provisions of this section. (b) When conformance modifications to a motor vehicle have been completed, a Registered Importer shall submit the certification required by 592.6(d) to the Administrator. In certifying a vehicle that the Administrator has determined to be substantially similar to one that has been certified by its original manufacturer for sale in the United States, the Registered Importer may rely on any certification by the original manufacturer with respect to identical safety features if it also certifies that any modification that it undertook did not affect the compliance of such safety features. Each submission shall be mailed by certified mail, return receipt requested, or by private carriers such as Federal Express, to: Administrator, National Highway Traffic Safety Administration, Room 6115, 400 7th Street SW., Washington, DC, 20590, Attn: NEF 32, or be submitted electronically by FAX ( ), or in person. Each submission shall identify the location where the vehicle will be stored and is available for inspection, pending NHTSA action upon the submission. (c) Before the end of the 30th calendar day after receipt of certification of a motor vehicle pursuant to 592.6(d), the Administrator may inform the Registered Importer in writing that an inspection of the vehicle is required to ascertain the veracity of the certification. Written notice includes a proposed inspection date, which is as soon as practicable. If inspection of the vehicle indicates that the vehicle has been properly certified, at the conclusion of the inspection the Registered Importer is provided an instrument of release. If inspection of the vehicle shows that the vehicle has not been properly certified, the Registered Importer shall either make the modifications necessary to substantiate its certification, and provide a new certification for the standard(s) in the manner provided for in paragraph (b) of this section, or deliver the vehicle to the Secretary of the Treasury for export, or abandon it to the United States. Before the end of the 30th calendar day after receipt of new certification, the Administrator may require a further inspection in accordance with the provisions of this subsection. (d) The Administrator may by written notice request certification verification by the Registered Importer before the end of the 30th calendar day after the date the certification was received by the Administrator. If the basis for such request is that the certification is false or contains a misrepresentation, the Registered Importer shall be afforded an opportunity 870

7 Nat l Highway Traffic Safety Admin., DOT to present written data, views, and arguments as to why the certification is not false or misleading or does not contain a misrepresentation. The Administrator may require an inspection pursuant to paragraph (c) of this section. The motor vehicle and performance bond involved shall not be released unless the Administrator is satisfied with the certification. (e) If a Registered Importer has received no written notice from the Administrator by the end of the 30th calendar day after it has furnished a certification to the Administrator, the Registered Importer may release from custody the vehicle that is covered by the certification, or have it licensed or registered for use on the public roads. (f) If the Administrator accepts a certification without requiring an inspection, (s)he notifies the Registered Importer in writing, and provides a copy to the importer of record. Such notification shall be provided not later than the 25th calendar day after the Administrator has received such certification. (g) Release of the performance bond shall constitute acceptance of certification or completion of inspection of the vehicle concerned, but shall not preclude a subsequent decision by the Administrator pursuant to 49 U.S.C that the vehicle fails to conform to any applicable Federal motor vehicle safety standard. [54 FR 40090, Sept. 29, 1989, as amended at 55 FR 37330, Sept. 11, 1990; 59 FR 52098, Oct. 14, 1994] PART 593 DETERMINATIONS THAT A VEHICLE NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IS ELIGIBLE FOR IMPORTATION Sec Scope Purpose Applicability Definitions Petitions for eligibility determinations Basis for petition Processing of petitions Determinations on the agency s initiative Effect of affirmative determinations; lists Availability for public inspection. APPENDIX A TO PART 593 LIST OF VEHICLES DETERMINED TO BE ELIGIBLE FOR IMPOR- TATION AUTHORITY: 49 U.S.C. 322 and 30141(b); delegation of authority at 49 CFR SOURCE: 54 FR 40099, Sept. 29, 1989, unless otherwise noted Scope. This part establishes procedures under section 108(c) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1397(c)), for making determinations whether a vehicle that was not originally manufactured to conform with all applicable Federal motor vehicle safety standards, and is not otherwise eligible for importation under part 591 of this chapter, may be imported into the United States because it can be modified to meet the Federal standards Purpose. The purpose of this part is to provide content and format requirements for any Registered Importer and manufacturer who wishes to petition the Administrator for a determination that a vehicle not originally manufactured to conform to all applicable Federal motor vehicle safety standards is eligible to be imported into the United States because it can be modified to meet the standards. The purpose of this part is also to specify procedures under which the Administrator makes eligibility determinations pursuant to those petitions as well as eligibility determinations on the agency s initiative Applicability. This part applies to a motor vehicle that was not originally manufactured and certified by its original manufacturer to conform with all applicable Federal motor vehicle safety standards and that is offered for importation into the United States Definitions. All terms in this part that are defined in section 102 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391) are used as defined therein. 871