Page:United States Statutes at Large Volume 108 Part 2.djvu/251

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 967 and payment of costs. A certified copy of the record of the proceeding is admissible in a proceeding arising out of a matter under this chapter, regardless of whether the proceeding under this section has begun or becomes final. (e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.— A judgment of a court under this section is final and may be reviewed only by the Supreme Court under section 1254 of title 28. §30162. Petitions by interested persons for standards and enforcement (a) FILING.— Any interested person may file a petition with the Secretary of Transportation requesting the Secretary to begin a proceeding— (1) to prescribe a motor vehicle safety standard under this chapter; or (2) to decide whether to issue an order under section 30118(b) of this title. (b) STATEMENT OF FACTS.— The petition must state facts that the person claims establish that a motor vehicle SEifety standard or order referred to in subsection (a) of this section is necessary and briefly describe the order the Secretary should issue. (c) PROCEEDINGS. — The Secretary may hold a public hearing or conduct an investigation or proceeding to decide whether to grant the petition. (d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny a petition not later than 120 days after the petition is filed. If a petition is granted, the Secretary shall begin the proceeding promptly. If a petition is denied, the Secretary shall publish the Federal reasons for the denial in the Federal Register. TM?h^<!fHr publication. § 30163. Actions by the Attorney General (a) CIVIL ACTIONS TO ENFORCE. — The Attorney General may bring a civil action in a United States district court to enjoin— (1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and (2) the sale, offer for sale, or introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment— (A) contains a defect related to motor vehicle safety about which notice was given under section 30118(c) of this title or an order was issued under section 30118(b) of this title; or (B) does not comply with an applicable motor vehicle safety standard prescribed under this chapter. (b) PRIOR NOTICE. —When practicable, the Secretary of Transportation shall notify a person against whom a civil action under subsection (a) of this section is planned, give the person an opportunity to present that person's views, and, except for a knowing and willful violation of this chapter, give the* person a reasonable opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter. Failure to give notice and an opportunity to remedy the defect or comply with the applicable motor vehicle safety standard pre-