1、320 49 CFR Ch. V (10110 Edition) Pt. 592 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 author-ity granted by this agreement is irrevo
2、cable. The undersigned ratifies and confirms what-ever the attorney shall do by virtue of this agreement. Witnessed and signed this lllll day of lllll, lll. llllllllllllllllllllllllBefore me, the undersigned, a notary pub-lic within and for the County of llllll in the State of llllll, personally ap-
3、peared lllllll and acknowledged the execution of the foregoing power of attorney. Witness my hand and notarial seal this lllll day of lllll, 199l. Notarial seal Notary Public llllllll 58 FR 12909, Mar. 8, 1993 PART 592REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FED
4、ERAL MOTOR VEHICLE SAFETY STANDARDS Sec. 592.1 Scope. 592.2 Purpose. 592.3 Applicability. 592.4 Definitions. 592.5 Requirements for registration and its maintenance. 592.6 Duties of a registered importer. 592.7 Suspension, revocation, and reinstate-ment of suspended registration. 592.8 Inspection; r
5、elease of vehicle and bond. 592.9 Forfeiture of bond. AUTHORITY: Pub. L. 100562, 49 U.S.C. 322(a), 30117, 3014130147; delegation of authority at 49 CFR 1.50. SOURCE: 54 FR 40090, Sept. 29, 1989, unless otherwise noted. 592.1 Scope. This part establishes procedures under 49 U.S.C. 30141(c) for the re
6、gistra-tion 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 Reg-istered Importers. 59 FR 52098, Oct. 14, 1994 592.2 Purpose. The purpose of this part is to provide cont
7、ent 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 pro-vide procedures for the registration f importers and for the suspension, rev-ocat
8、ion and reinstatement of registra-tion, and to set forth the duties re-quired of Registered Importers. 592.3 Applicability. This part applies to any person who wishes to register with the Adminis-trator as an importer of nonconforming vehicles, and to any person who is reg-istered as an importer. 59
9、2.4 Definitions. All terms in this part that are de-fined in 49 U.S.C. 30102 and 30125 are used as defined therein. Administrator means the Adminis-trator, National Highway Traffic Safe-ty Administration. Independent insurance company means an entity that is registered with any State and authorized
10、by that State to conduct an insurance business includ-ing the issuance or underwriting of a service insurance policy, none of whose affiliates, shareholders, officers, direc-tors, or employees, or any person in af-finity with such, is employed by, or has a financial interest in, or otherwise control
11、s or participates in the business of, a Registered Importer to which it issues or underwrites a service insur-ance policy. NHTSA means the National Highway Traffic Safety Administration. Principal, with respect to a Registered Importer, means any officer of a cor-poration, a general partner of a par
12、t-nership, or the sole proprietor of a sole proprietorship. The term includes a di-rector of an incorporated Registered Importer, and any person whose owner-ship interest in a Registered Importer is 10% or more. Registered Importer means any person that the Administrator has registered as an importe
13、r pursuant to section 592.5(b). Safety recall means a notification and remedy campaign conducted pursuant VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo
14、rking permitted without license from IHS-,-,-321 Natl Highway Traffic Safety Admin., DOT 592.5 to 49 U.S.C. 3011830120 to address a noncompliance with a Federal motor vehicle safety standard or a defect that relates to motor vehicle safety. Service insurance policy means any policy issued or underwr
15、itten by an independent insurance company which covers a specific motor vehicle and guarantees that any noncompliance with a Federal motor vehicle safety standard or defect related to motor ve-hicle safety determined to exist in that vehicle will be remedied without charge to the owner of the vehicl
16、e. 54 FR 40090, Sept. 29, 1989, as amended at 59 FR 52098, Oct. 14, 1994; 69 FR 52094, Aug. 24, 2004 592.5 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 veh
17、icle safety standards must file an applica-tion which: (1) Is headed with the words Appli-cation for Registration as Importer, and submitted in three copies to: Ad-ministrator, National Highway Traffic Safety Administration, Room 6115, 400 7th Street SW., Washington, DC 20590, Attn: NEF32 Importer R
18、egistration. (2) Is written in the English lan-guage. (3) Sets forth the full name, street address, and title of the person pre-paring the application, and the full name, street address, e-mail address (if any), and telephone and facsimile ma-chine (if any) numbers in the United States of the person
19、 for whom applica-tion is made (the applicant). (4) Specifies the form of the appli-cants organization (i.e., sole propri-etorship, partnership, or corporation) and the State under which it is orga-nized, and: (i) If the applicant is an individual, the application must include the full name, street
20、address, and date of birth of the individual. (ii) If the applicant is a partnership, the application must include the full name, street address, and date of birth of each partner; if one or more of the partners is a limited partnership, the application must include the names and street addresses of
21、 the general partners and limited partners; if one or more of the partners is a corporation, the application must include the infor-mation specified by either paragraph (a)(4)(iii) or (iv) of this section, as ap-plicable; (iii) If the applicant is a non-public corporation, the application must in-cl
22、ude the full name, street address, and date of birth of each officer, director, manager, and person who is authorized to sign documents on behalf of the cor-poration. The application must also in-clude the name of any person who owns or controls 10 percent or more of the corporation. The applicant m
23、ust also provide a statement issued by the Of-fice of the Secretary of State, or other responsible official of the State in which the applicant is incorporated, certifying that the applicant is a cor-poration in good standing; (iv) If the applicant is a public cor-poration, the applicant must includ
24、e a copy of its latest 10K filing with the Securities and Exchange Commission, and provide the name and address of any person who is authorized to sign documents on behalf of the corpora-tion; (v) Contains a statement that the ap-plicant has never had a registration re-voked pursuant to 592.7, nor i
25、s it, nor was it, directly or indirectly, owned or controlled by, or under common owner-ship or control with, a Registered Im-porter that has had a registration re-voked pursuant to 592.7; and (vi) Identifies any shareholder, offi-cer, director, employee, or any person in affinity with such, who has
26、 been pre-viously affiliated with another Reg-istered Importer in any capacity. If any such persons are identified, the ap-plicant shall state the name of each such Registered Importer and the af-filiation of any identified person. (5) Includes the following: (i) The street address and telephone num
27、ber in the United States of each of its facilities for conformance, storage, and repair that the applicant will use to fulfill its duties as a Registered Im-porter and where the applicant will maintain the records it is required by this part to keep; (ii) The street address that the appli-cant desig
28、nates as its mailing address (in addition, an applicant may list a VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IH
29、S-,-,-322 49 CFR Ch. V (10110 Edition) 592.5 post office box, provided that it is in the same city as the street address des-ignated as its mailing address); (iii) A copy of the applicants busi-ness license or other similar document issued by an appropriate State or local authority, authorizing it t
30、o do business as an importer, or modifier, or seller of motor vehicles, as applicable to the ap-plicant and with respect to each facil-ity that the applicant has identified pursuant to paragraph (a)(5)(i) of this section, or a statement by the appli-cant that it has made a bona fide in-quiry and is
31、not required by such State or local authority to have such a li-cense or document; (iv) The name of each principal of the applicant whom the applicant author-izes to submit conformity certifi-cations to NHTSA and the street ad-dress of the repair, storage, or con-formance facility where each such pr
32、incipal will be located; and (v) If an applicant is a corporation not organized under the laws of a State of the United States, or is a sole pro-prietorship or partnership located out-side the United States, the application must be accompanied by the appli-cants designation of an agent for serv-ice
33、of process in the form specified by Section 551.45 of this chapter. (6) Contains a statement that the ap-plicant has never had a registration re-voked pursuant to 592.7, nor is it or was it, directly or indirectly, owned or controlled by, or under common owner-ship or control with, a person who has
34、had a registration revoked pursuant to 592.7. (7) Contains a certified check payable to the Treasurer of the United States, for the amount of the initial annual fee established pursuant to part 594 of this chapter. (8) Contains a copy of a contract to acquire, effective upon its registration as an i
35、mporter, 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 vehi-cle for which the applicant will furnish a certificate of conformity to the Ad-ministrator, for the purpose of ensur-i
36、ng that the applicant will be able fi-nancially to remedy any noncompli-ance or safety related defect deter-mined to exist in any such motor vehi-cle in accordance with part 573 and part 577 of this chapter. If the applica-tion is accompanied by a copy of a con-tract to acquire such a policy, the ap
37、-plicant 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 complete de-scriptive information, views, and argu-ments sufficient to establish that the applicant: (i) Is technically able to modify any nonconforming motor vehic
38、le to con-form to all applicable Federal motor vehicle safety and bumper standards, including but not limited to the profes-sional qualifications of the applicant and its employees at the time of the application (such as whether any such persons have been certified as mechan-ics), and a description
39、of their experi-ence in conforming and repairing vehi-cles; (ii) Owns or leases one or more facili-ties sufficient in nature and size to re-pair, conform, and store the vehicles for which it provides certification of conformance to NHTSA and which it imports and may hold pending release of conforman
40、ce bonds, including a copy of a deed or lease evidencing ownership or tenancy for each such facility, still or video photographs of each such facil-ity, the street address and telephone number of each such facility; (iii) Is financially and technically able to provide notification of and to remedy a
41、 noncompliance with a Fed-eral motor vehicle safety standard or a defect related to motor vehicle safety determined to exist in the vehicles that it imports and/or for which it provides certification of conformity to NHTSA through repair, repurchase or replace-ment of such vehicles; and (iv) Is able
42、 to acquire and maintain information regarding the vehicles that it imported and the names and ad-dresses of owners of the vehicles that it imported and/or for which it provided certifications of conformity to NHTSA in order to notify such owners when a noncompliance or a defect related to motor veh
43、icle safety has been deter-mined to exist in such vehicles. (10) Segregates and specifies any part of the information and data submitted under this part that the applicant VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1
44、PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-323 Natl Highway Traffic Safety Admin., DOT 592.5 wishes to have withheld from public disclosure in accordance with part 512 of this chapter. (11) Contains the statement: I cer-tify that I
45、have read and understood the duties of a Registered Importer, as set forth in 49 CFR 592.6, and that name of applicant will fully comply with each such duty. I further certify that all the information provided in this application is true and correct. I further certify that I understand that, in the
46、event the registration for which it is applying is suspended or revoked, or lapses, name of applicant will re-main obligated to notify owners and to remedy noncompliances or safety re-lated defects, as required by 49 CFR 592.6(j), for each vehicle for which it has furnished a certificate of con-form
47、ity to the Administrator. (12) Has the applicants signature ac-knowledged by a notary public. (b) If the application is incomplete, the Administrator notifies the appli-cant in writing of the information that is needed for the application to be com-plete and advises that no further ac-tion will be t
48、aken on the application until the applicant has furnished all the information needed. (c) If the Administrator deems it nec-essary for a determination upon the ap-plication, NHTSA conducts an inspec-tion of the applicant. Subsequent to the inspection, NHTSA calculates the costs attributable to such
49、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 the applicant has paid a sum representing the inspec-tion component of the initial annual fee), the Administrator reviews the ap-plication and decides whether the ap-plicant has complied with the requi
