Page:United States Statutes at Large Volume 108 Part 2.djvu/235

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 951 retary decides a defect or noncompliance is inconsequential to motor vehicle safety. The Secretary may take action under this subsection only after notice in the Federal Register and an opportunity for any interested person to present information, views, and arguments. (e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS. — On the motion of the Secretary or on petition of any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the notification requirements under this section. Any interested person may make written and oral presentations of information, views, and arguments on whether the manufacturer has reasonably met the notification requirements. If the Secretary decides that the manufacturer has not reasonably met the notification requirements, the Secretary shall order the manufacturer to take specified action to meet those requirements and may take any other action authorized under this chapter. §30119. Notification procedures (a) CONTENTS OF NOTIFICATION. — Notification by a manufacturer required under section 30118 of this title of a defect or noncompliance shall contain— (Da clear description of the defect or noncompliance; (2) an evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance; (3) the measures to be taken to obtain a remedy of the defect or noncompliance; (4) a statement that the manufacturer giving notice will remedy the defect or noncompliance without charge under section 30120 of this title; (5) the earliest date on which the defect or noncompliance will be remedied without charge, and for tires, the period during which the defect or noncompliance will be remedied without charge under section 30120 of this title; (6) the procedure the recipient of a notice is to follow to inform the Secretary of Transportation when a manufacturer, distributor, or dealer does not remedy the defect or noncompliance without charge under section 30120 of this title; and (7) other information the Secretary prescribes by regulation. (b) EARLIEST REMEDY DATE. —The date specified by a manufacturer in a notification under subsection (a)(5) of this section or section 30121(c)(2) of this title is the earliest date that parts and facilities reasonably can be expected to be available to remedy the defect or noncompliance. The Secretary may disapprove the date. (c) TIME FOR NOTIFICATION.— Notification required under section 30118 of this title shall be given within a reasonable time— (1) prescribed by the Secretary, after the manufacturer receives notice of a final decision under section 30118(b) of this title; or (2) after the manufacturer first decides that a safety-related defect or noncompliance exists under section 30118(c) of this title. (d) MEANS OF PROVIDING NOTIFICATION.— (1) Notification required under section 30118 of this title about a motor vehicle shall be sent by first class mail— (A) to each person registered under State law as the owner and whose name and address are reasonably ascertainable