DOT 49 CFR PART 510-2010 INFORMATION GATHERING POWERS.pdf

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1、26 49 CFR Ch. V (10110 Edition) Pt. 509 paragraph (g), 161, 163, and 164 of title 23, United States Code, with the con-currence of the Federal Highway Ad-ministrator; and section 209 of the Sur-face Transportation Assistance Act of 1978 (23 U.S.C. 401 note) as delegated by the Secretary in 501.2(i).

2、 The Senior Associate Administrator for Traffic In-jury Control is also delegated author-ity to exercise the powers and perform the duties of the Administrator with respect to State and community high-way safety programs under 23 U.S.C. 402, including approval and disapproval of State highway safety

3、 plans and final vouchers, in accordance with the proce-dural requirements of the Administra-tion; to approve the awarding of alco-hol incentive grants to the States under 23 U.S.C. 408 and drunk driving prevention grants under 23 U.S.C. 410, for years subsequent to the initial awarding of such gran

4、ts by the Admin-istrator; as appropriate for activities benefiting states and communities; and to implement 23 U.S.C. 403. (h) Director, Office of Vehicle Safety Compliance, Enforcement. The Director, Office of Vehicle Safety Compliance, Enforcement, is delegated authority to exercise the powers and

5、 perform the duties of the Administrator with re-spect to granting and denying petitions for import eligibility decisions sub-mitted to NHTSA by motor vehicle manufacturers and registered import-ers under 49 U.S.C. 30141(a)(1). 60 FR 43030, Aug. 18, 1995, as amended at 61 FR 26469, May 28, 1996; 67

6、FR 44084, 44085, July 1, 2002; 74 FR 41067, Aug. 14, 2009 PART 509OMB CONTROL NUM-BERS FOR INFORMATION COL-LECTION REQUIREMENTS Sec. 509.1 Purpose. 509.2 Display. AUTHORITY: 44 U.S.C. 3507. 509.1 Purpose. This part collects and displays the control numbers assigned to informa-tion collection require

7、ments of NHTSA by the Office of Management and Budg-et (OMB). NHTSA intends that this part comply with the requirements of 44 U.S.C. 3507(f), which mandates that agencies display a current control number assigned by the Director of the OMB for each agency information col-lection requirement. 48 FR 5

8、1310, Nov. 8, 1983 509.2 Display. 49 CFR part or section containing information collection requirement OMB control No. Part 512 . 21270025 Part 537 . 21270019 Part 538 . 21270554 Part 541 . 21270510 Part 542 . 21270539 Part 543 . 21270542 Part 544 . 21270547 Section 551.45 . 21270040 Part 552 and Pa

9、rt 527 . 21270046 Part 556 . 21270045 Part 557 . 21270039 Part 566 . 21270043 Consolidated owners manual requirements for vehicles and equipment ( 571.126, 571.205 571.208, 571.210, and 575.105) . 21270541 Consolidatd labeling requirements for tires and rims (parts 569 and 574, 571.109, 571.110, 571

10、.117, 571,119, and 571.120) 21270503 Consolidated VIN and Theft Prevention Stand-ard and Labeling Requirements (parts 541, 565, 567 and 571.115) 21270510 Consolidated lighting requirements (part 564 and 571.108) . 21270563 Section 571.106 . 21270052 Section 571.116 . 21270521 Section 571.125 . 21270

11、506 Section 571.205 . 21270038 Section 571.209 . 21270512 Section 571.213 . 21270511 Section 571.214 . 21270558 Section 571.217 . 21270505 Section 571.218 . 21270518 Part 573 . 21270004 Part 574 . 21270050 Part 575 excluding UTQGS . 21270049 Section 575.104 (UTQGS) 21270519 Part 576 . 21270042 Part

12、580 . 21270047 Part 585 . 21270535 Parts 591 and 592 . 21270002 57 FR 21215, May 19, 1992 PART 510INFORMATION GATHERING POWERS Sec. 510.1 Scope and purpose. 510.2 Definitions. 510.3 Compulsory process, the service there-of, claims for confidential treatment, and terms of compliance. 510.4 Subpoenas,

13、 generally. 510.5 Information gathering hearings. 510.6 Administrative depositions. 510.7 General or special orders. 510.8 Written requests for the production of documents and things. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones o

14、n DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-27 Natl Highway Traffic Safety Admin., DOT 510.3 510.9 Motions to modify, limit, or quash process. 510.10 Supplementation of responses to process. 510.11 Fees. 510.12 Remedies f

15、or failure to comply with compulsory process. AUTHORITY: Secs. 112 and 119, National Traffic and Motor Vehicle Safety Act 1966, as amended (15 U.S.C. 1401 and 1407); secs. 104, 204, 414, and 505, Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 1914, 1944, 1990d, and 2005); dele

16、gation of au-thority (49 CFR 1.51). SOURCE: 45 FR 29042, May 1, 1980, unless otherwise noted. 510.1 Scope and purpose. This rule governs the use of the in-formation gathering powers of the Na-tional Highway Traffic Safety Admin-istration contained in section 112 of the National Traffic and Motor Veh

17、icle Safety Act of 1966, as amended 15 U.S.C. 1401, and sections 104, 204, 414, and 505 of the Motor Vehicle Informa-tion and Cost Savings Act, as amended 15 U.S.C. 1914, 1944, 1990d, and 2005. 510.2 Definitions. (a) NHTSA means the National High-way Traffic Safety Administration. (b) Administrator

18、means the Adminis-trator of the National Highway Traffic Safety Administration. (c) Chief Counsel means the Chief Counsel of the National Highway Traf-fic Safety Administration. (d) Deputy Administrator means the Deputy Administrator of the National Highway Traffic Safety Administra-tion. (e) Person

19、 includes agents, officers, and employees of sole proprietorships, partnerships, corporations, and other entities. 45 FR 29042, May 1, 1980; 45 FR 32001, May 15, 1980 510.3 Compulsory process, the serv-ice thereof, claims for confidential treatment, and terms of compliance. (a) NHTSA may use any of

20、the fol-lowing means to conduct investiga-tions, inspections, or inquiries to ob-tain information to carry out its func-tions under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. 1381 et seq., and the Motor Vehicle Information and Cost Savings Act, as amended, 15 U.

21、S.C. 1901 et seq.: (1) Subpoenas; (2) Information gathering hearings; (3) Administrative depositions; (4) General or special orders; and (5) Written requests for the produc-tion of documents and things. (b) A person, sole proprietorship, partnership, corporation, or other enti-ty served with compuls

22、ory process under this part shall be provided with the following information at the time of the service: (1) The name of the person, sole pro-prietorship, partnership, corporation, or other entity to which the process is addressed; (2) The statutory provision under which the compulsory process is is

23、sued; (3) The date, time, and place of re-turn; (4) A brief statement of the subject matter of the investigation, inspection, or inquiry; and (5) In the case of a subpoena duces tecum or a written request for the pro-duction of documents and things, a rea-sonably specific description of the doc-umen

24、ts or things to be produced. (c) Service of the compulsory proc-esses specified in paragraph (a) of this section is effected: (1) By personal service upon the per-son, agent-in-charge, or agent des-ignated to receive process under 15 U.S.C. 1399(e) of the sole proprietor-ship, partnership, corporati

25、on or other entity being investigated, inspected, or inquired of; or (2) By mail (registered or certified) or delivery to the last known residence or business address of such person or agent. (d) The date of service of any compul-sory process specified in paragraph (a) of this section is the date on

26、 which the process is mailed by the agency, or de-livered in person, as the case may be. Whenever a period is prescribed for compliance with compulsory process, and the process is served upon the party by mail, 3 days are added to the period. (e)(1) Any person, sole proprietorship, partnership, corp

27、oration, or other enti-ty submitting information or pro-ducing documents or things in response to any compulsory process issued under VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for Re

28、saleNo reproduction or networking permitted without license from IHS-,-,-28 49 CFR Ch. V (10110 Edition) 510.4 this part may request confidential treatment for all or part of that infor-mation or for those documents or things. (2)(i) Except as provided in paragraph (e)(2)(ii) of this section, reques

29、ts for confidentiality shall be in writing, and addressed to the Chief Counsel. (ii) Requests for confidentiality made during an information gathering hear-ing or an administrative deposition may be made orally to the presiding of-ficer. Any oral request for confiden-tiality shall be supplemented by

30、 a writ-ten request, and this written request must be addressed to the Chief Counsel and received by NHTSA within five days of the date of the oral request. (iii) A written request for confiden-tiality under paragraph (e) of this sec-tion shall specify the information, doc-uments, or things which ar

31、e to be kept confidential, specify the grounds upon which the claim is based, provide such information as may be necessary to permit the NHTSA to determine whether the claim is valid, and specify the period of time for which confiden-tial treatment is requested. (f) The Chief Counsel, or his or her

32、delegate, is authorized to negotiate and approve the terms of satisfactory com-pliance with any compulsory process issued under this part. 510.4 Subpoenas, generally. NHTSA may issue to any person, sole proprietorship, partnership, corpora-tion, or other entity a subpoena requir-ing the production o

33、f documents or things (subpoena duces tecum) and tes-timony of witnesses (subpoena ad testificandum), or both, relating to any matter under investigation or the sub-ject of any inquiry. Subpoenas are issued by the Chief Counsel. When a person, sole proprietorship, partner-ship, corporation, or other

34、 entity is served with a subpoena ad testificandum under this part, the sub-poena will describe with reasonable particularity the matters on which the testimony is required. In response to a subpoena ad testificandum, the sole proprietorship, partnership, corpora-tion, or other entity so named shall

35、 designate one or more officers, direc-tors, or managing agents, or other per-sons who consent to testify on its be-half, and set forth, for each person des-ignated, the matters on which he or she will testify. The persons so des-ignated shall testify as to matters known or reasonably available to t

36、he entity. 53 FR 26261, July 12, 1988 510.5 Information gathering hear-ings. (a) NHTSA may issue a subpoena to compel any person, sole proprietorship, partnership, corporation, or other enti-ty to provide information at an infor-mation gathering hearing. The sub-poenas are used for the purpose of ob

37、-taining testimony from a witness under oath and obtaining relevant doc-uments and things. The Administrator, or a NHTSA employee designated by the Administrator, presides at the hearing. Information gathering hear-ings are open to the public unless the presiding officer rules otherwise, and the hea

38、rings are stenographically re-ported. (b) In addition to the presiding offi-cer, one or more other persons may comprise the panel. Each member of the panel may question any witness at the hearing. No person who is not a member of the panel may ask questions of a witness. However, any person may subm

39、it to the panel, in writing, pro-posed questions to be asked of a wit-ness. A member of the panel may pose these questions to the witness if that member deems the questions useful and appropriate. Proposed questions may be submitted to the panel at any time before or during the course of the hear-in

40、g. (c) The stenographic record of each witnesss testimony will be available to the public, unless the testimony was not given publicly and the witness re-quests confidential treatment for some or all of his or her testimony. When an oral request for confidential treatment is made during the course o

41、f a witnesss testimony, the presiding offi-cer may order the hearing closed to the public at that point and continue the questioning of the witness, or may note the request for confidentiality and di-rect the witness not to answer the question at that time, but require the witness to answer the ques

42、tion in writ-ing within some specified period, or VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-29 Natl Hig

43、hway Traffic Safety Admin., DOT 510.6 take such other action as the presiding officer deems appropriate. If a request for confidential treatment is made, the release of the record is governed by the applicable laws or regulations relating to the handling of allegedly confiden-tial information. To th

44、e extent that some or all of a witnesss testimony is not publicly available, that witness may procure a copy of his or her testi-mony as recorded upon payment of lawfully prescribed costs. (d)(1) Any person who is required by subpoena or designated by an entity that is required by subpoena to provid

45、e information at an information gath-ering hearing conducted under this sec-tion may be accompanied, represented, and advised by counsel. Any member of the bar of a Federal court or the courts of any State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbi

46、a, and any representative, official, or em-ployee of the sole proprietorship, part-nership, corporation or other entity under subpoena may act as counsel. (2) A witness appearing in response to subpoena may confer in confidence with his or her counsel or representa-tive concerning any questions aske

47、d of the witness. If such witness, counsel, or representative objects to a question, he or she shall state the objection and basis therefor on the record. (e) The presiding officer at an infor-mation gathering hearing takes all necessary action to regulate the course of the hearing, to avoid delay,

48、and to assure that reasonable standards of or-derly and ethical conduct are main-tained. In any case in which counsel for or a representative of a witness has re-fused to comply with the presiding offi-cers directions, or to adhere to reason-able standards of orderly and ethical conduct in the cours

49、e of a hearing, the presiding officer states on the record the reasons given, if any, for the re-fusal and, if the presiding officer is someone other than the Administrator, immediately reports the refusal to the Administrator. The Administrator thereupon takes such action as the cir-cumstances warrant. (f) Where appropriate, the procedures established in this subsection may be utilized in informal hearings conducted