PUBLIC LAW 100-562—OCT. 31, 1988
102 STAT. 2819
"(i)(1) the motor vehicle is determined to be substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under section 114, and of the same model year (as defined by regulation by the Secretary) as the model of the motor vehicle to be compared, and is capable of being readily modified to conform to all applicable Federal motor vehicle safety standards; or "(II) where there is no substantially similar United States motor vehicle, the Secretary determines that the safety features of the vehicle comply with or are capable of being modified to comply with all applicable Federal motor vehicle safety standards based on destructive test data or such other evidence as the Secretary determines to be adequate, "(ii) the motor vehicle is imported by an importer registered under subparagraph (D), and "(iii) the registered importer pays (I) such annual fee as the Secretary establishes to cover the cost of administering the r^istration program, and (II) such other annual fee or fees as the Secretary reasonably establishes to cover the cost of processing the bond furnished to the Secretary of the Treasury under paragraph (2) and making the determinations under this section. "(B) The amount or rate of fees under subparagraph (A)(iii) shall be reviewed and, if appropriate, adjusted by the Secretary at least every 2 years. The fee applicable in any fiscal year shall be established by the Secretary before the beginning of such year. All fees collected shall be available until expended, without fiscal year limit, to the extent provided in advance by appropriation Acts, solely for use by the Secretary— "(i) in the administration of all of the requirements of this subsection (other than subparagraph (E)(iv)) and subsection (d)(2), and "(ii) to advance to the Secretary of the Treasury amounts for costs that will be incurred under this subsection and to reimburse the Secretary of the Treasury for such costs. "(C)(i) The Secretary shall make the determination under paragraph (3)(A)(i)— "(I) on the petition of any registered importer or any manufacturer, or "(II) on the Secretary's own initiative, "(ii) The Secretary shall establish by regulation (I) the informa- Regulations. tion required to be provided by the petitioner to clearly show that the vehicle is capable of being brought into compliance with all applicable Federal motor vehicle safety standards and (II) the procedures for considering such petitions. In establishing such procedures, the Secretary shall provide for a minimum period for public notice and written comment consistent with ensuring expeditious, but full, consideration of the petition and avoiding delay by any person. In considering any petition under this subparagraph, the Secretary shall give due consideration to any test data or other information available to the Secretary, including any information provided by the manufacturer (whether or not confidential). If the Secretary makes a n ^ a t i v e determination, another petition may not be considered for the same model of motor vehicles until the end of 3 calendar months after such negative determination. "(iii) The Secretary shall establish by regulation the procedures Regulations. for determinations made on the Secretary's initiative. Such procedures shall include a minimum period for public notice and written
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