49 U.S.C. § 30164 — Service of process; conditions on importation of vehicles and equipment

(a) Designating agents. A manufacturer offering a motor vehicle or motor vehicle equipment for import must designate, in writing, an agent to receive service of notices and legal papers in administrative and court proceedings, and must file that designation with the Secretary of Transportation. The designation can be changed the same way it was originally made. (b) Service. The agent may be served at their office or usual home. Serving the agent counts as serving the manufacturer. If a manufacturer does not designate an agent, service may instead be made by posting the notice or papers at the Secretary's office. (c) Identifying information. A manufacturer, including an importer, offering a motor vehicle or motor vehicle equipment for import must provide, on request, the information necessary to identify and track its products that the Secretary specifies by rule, including (1) the product's name and the manufacturer's address, and (2) each retailer or distributor the manufacturer directly supplied with vehicles or equipment that the Secretary has jurisdiction over under this chapter. (d) Regulations on the import of a motor vehicle. The Secretary may issue regulations that (1) condition importing a motor vehicle or equipment on the manufacturer's compliance with (A) this section's requirements, (B) paragraph (1) or (3) of section 30112(a) for that vehicle or equipment, (C) required reports and records, (D) an inspection request under section 30166, (E) an order or voluntary agreement to fix the vehicle or equipment, or (F) any rules implementing these requirements; (2) let the manufacturer present information before the Secretary decides whether to restrict its imports; and (3) set up a process for a manufacturer to petition to have its ability to import reinstated. (e) Exception. Subsections (c) and (d) do not apply to original manufacturers, or their wholly owned subsidiaries, that, before the Motor Vehicle and Highway Safety Improvement Act of 2012 was enacted, (1) had already imported vehicles into the United States certified to meet all applicable federal motor vehicle safety standards, (2) had already given the Secretary the manufacturer identification information required under part 566 of title 49 of the Code of Federal Regulations, and (3) if applicable, had already named a current agent for service of process under part 551 of title 49 of the Code of Federal Regulations. (f) Rulemaking. In issuing regulations under this section, the Secretary must try to reduce duplicate requirements by coordinating with the Department of Homeland Security.