cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
12 rows where agency = "NHTSA" and part_number = 510 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:6.1.2.3.4.0.1.1 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.1 Scope and purpose. | NHTSA | This rule governs the use of the information gathering powers of the National Highway Traffic Safety Administration contained in section 112 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended 15 U.S.C. 1401, and sections 104, 204, 414, and 505 of the Motor Vehicle Information and Cost Savings Act, as amended 15 U.S.C. 1914, 1944, 1990d, and 2005. | |||||||
| 49:49:6.1.2.3.4.0.1.10 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.10 Supplementation of responses to process. | NHTSA | (a) A person, sole proprietorship, partnership, corporation, or other entity which has provided NHTSA with information under this part, which information was complete and accurate at the time the information was given to NHTSA, is not required to supplement that information in the light of after acquired information, except: (1) The person or entity to whom the process is addressed shall supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of information obtainable under this part. (2) The person or entity to whom the process is addressed shall seasonably amend a prior response if that person or entity obtains information upon the basis of which the person or entity knows that the response was incorrect when made or the person or entity knows that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment. (b) The requirement to supplement information set forth in paragraph (a) of this section terminates when: (1) The compulsory process stated that it was issued in connection with a contemplated rulemaking action, and a final rule is issued on that subject or a notice is issued announcing that the rulemaking action has been suspended or terminated. (2) The compulsory process stated that it was issued in connection with an enforcement investigation, and the investigation is closed. (3) The compulsory process does not state that it is issued in connection with a specific rulemaking action or enforcement investigation, and 18 months have passed since the date of the original response. (c) This section in no way limits NHTSA's authority to obtain supplemental information by specific demands through the means specified in § 510.3. | |||||||
| 49:49:6.1.2.3.4.0.1.11 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.11 Fees. | NHTSA | Any person compelled to appear in person in response to a subpoena issued under this part at an information gathering hearing or an administrative deposition is paid the same attendance and mileage fees as are paid witnesses in the courts of the United States, in accordance with title 28, U.S.C., section 1821. | |||||||
| 49:49:6.1.2.3.4.0.1.12 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.12 Remedies for failure to comply with compulsory process. | NHTSA | Any failure to comply with compulsory process authorized by law and issued under this part is a violation of this part. In the event of such failure to comply, NHTSA may take appropriate action pursuant to the authority conferred by the National Traffic and Motor Vehicle Safety Act or the Motor Vehicle Information and Cost Savings Act, as appropriate, including institution of judicial proceedings to enforce the order and to collect civil penalties. | |||||||
| 49:49:6.1.2.3.4.0.1.2 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.2 Definitions. | NHTSA | [45 FR 29042, May 1, 1980; 45 FR 32001, May 15, 1980] | (a) NHTSA means the National Highway Traffic Safety Administration. (b) Administrator means the Administrator of the National Highway Traffic Safety Administration. (c) Chief Counsel means the Chief Counsel of the National Highway Traffic Safety Administration. (d) Deputy Administrator means the Deputy Administrator of the National Highway Traffic Safety Administration. (e) Person includes agents, officers, and employees of sole proprietorships, partnerships, corporations, and other entities. | ||||||
| 49:49:6.1.2.3.4.0.1.3 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.3 Compulsory process, the service thereof, claims for confidential treatment, and terms of compliance. | NHTSA | (a) NHTSA may use any of the following means to conduct investigations, inspections, or inquiries to obtain information to carry out its functions 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.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 production of documents and things. (b) A person, sole proprietorship, partnership, corporation, or other entity served with compulsory process under this part shall be provided with the following information at the time of the service: (1) The name of the person, sole proprietorship, partnership, corporation, or other entity to which the process is addressed; (2) The statutory provision under which the compulsory process is issued; (3) The date, time, and place of return; (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 production of documents and things, a reasonably specific description of the documents or things to be produced. (c) Service of the compulsory processes specified in paragraph (a) of this section is effected: (1) By personal service upon the person, agent-in-charge, or agent designated to receive process under 15 U.S.C. 1399(e) of the sole proprietorship, partnership, corporation 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 compulsory process specified in paragraph (a) of this section is the date on which the process is mailed by the agency, or delivered 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 a… | |||||||
| 49:49:6.1.2.3.4.0.1.4 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.4 Subpoenas, generally. | NHTSA | [53 FR 26261, July 12, 1988] | NHTSA may issue to any person, sole proprietorship, partnership, corporation, or other entity a subpoena requiring the production of documents or things (subpoena duces tecum) and testimony of witnesses (subpoena ad testificandum), or both, relating to any matter under investigation or the subject of any inquiry. Subpoenas are issued by the Chief Counsel. When a person, sole proprietorship, partnership, corporation, or other entity is served with a subpoena ad testificandum under this part, the subpoena will describe with reasonable particularity the matters on which the testimony is required. In response to a subpoena ad testificandum, the sole proprietorship, partnership, corporation, or other entity so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters known or reasonably available to the entity. | ||||||
| 49:49:6.1.2.3.4.0.1.5 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.5 Information gathering hearings. | NHTSA | (a) NHTSA may issue a subpoena to compel any person, sole proprietorship, partnership, corporation, or other entity to provide information at an information gathering hearing. The subpoenas are used for the purpose of obtaining testimony from a witness under oath and obtaining relevant documents and things. The Administrator, or a NHTSA employee designated by the Administrator, presides at the hearing. Information gathering hearings are open to the public unless the presiding officer rules otherwise, and the hearings are stenographically reported. (b) In addition to the presiding officer, 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 submit to the panel, in writing, proposed questions to be asked of a witness. 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 hearing. (c) The stenographic record of each witness's testimony will be available to the public, unless the testimony was not given publicly and the witness requests confidential treatment for some or all of his or her testimony. When an oral request for confidential treatment is made during the course of a witness's testimony, the presiding officer 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 direct the witness not to answer the question at that time, but require the witness to answer the question in writing within some specified period, or 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 confidential information. To the extent that some or all… | |||||||
| 49:49:6.1.2.3.4.0.1.6 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.6 Administrative depositions. | NHTSA | (a) NHTSA may issue a subpoena to compel any person, sole proprietorship, partnership, corporation, or other entity to provide information as a witness at an administrative deposition. These depositions are for the purpose of obtaining information from the witness under oath and receiving documents and things relevant to an agency investigation. These depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the deposition is taken. Unless otherwise ordered by the Administrator, administrative depositions are closed to the public. (b) Any person who is required by subpoena or designated by an entity that is required by subpoena to produce documents or things or to give testimony as a witness at an administrative deposition conducted under this section may be accompanied, represented, and advised by counsel. Any member of the bar or a Federal court or the courts of any State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia and any representative, official, or employee of the person, sole proprietorship, partnership, corporation, or other entity under subpoena may act as counsel. (c) During an administrative deposition: (1) The presiding officer before whom the deposition is to be taken puts the witness on oath and personally, or by someone acting under his or her direction and in his or her presence, records the testimony of the witness. The testimony is stenographically reported. (2) After NHTSA has examined the witness at the deposition, that witness' counsel or representative may examine the witness. NHTSA may then reexamine the witness and the witness' counsel or representative may reexamine the witness and so forth, as appropriate. (3) A witness appearing in response to a subpoena may confer in confidence with his or her counsel or representative concerning any questions asked of the witness. If such witness, counsel, or representative objects to a question, he or she shall state the ob… | |||||||
| 49:49:6.1.2.3.4.0.1.7 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.7 General or special orders. | NHTSA | The NHTSA may require by the issuance of general or special orders any person, sole proprietorship, partnership, corporation, or other entity to file with the NHTSA, in such form as NHTSA may prescribe, periodic or special reports or answers in writing to specific questions. The responses to general or special orders will provide NHTSA with such information as it may require, including, but not limited to, information relating to the organization of that person, sole proprietorship, partnership, corporation, or other entity, its business, conduct, practices, management, and relation to any other person or entity. General or special orders which are required to be answered under oath are issued by the Chief Counsel. Any general or special order issued under this section contains the information specified in § 510.3(b). Reports and answers filed in response to general or special orders must be made under oath, or otherwise, as NHTSA may prescribe. | |||||||
| 49:49:6.1.2.3.4.0.1.8 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.8 Written requests for the production of documents and things. | NHTSA | The NHTSA may, by the issuance of a written request for the production of documents and things, require any person, sole proprietorship, partnership, corporation, or other entity to produce documents or things. A written request for the production of documents and things may be issued alone, or as a part of a general or special order issued under § 510.7. Written requests for the production of documents and things are issued by the Chief Counsel. Any written request for the production of documents and things issued under this section shall contain the information specified in § 510.3(b). | |||||||
| 49:49:6.1.2.3.4.0.1.9 | 49 | Transportation | V | 510 | PART 510—INFORMATION GATHERING POWERS | § 510.9 Motions to modify, limit, or quash process. | NHTSA | (a)(1) Any person, sole proprietorship, partnership, corporation, or other entity served with a subpoena issued under § 510.4 may file with the Deputy Administrator a motion to modify, limit, or quash that subpoena. If there is no Deputy Administrator, or the Deputy Administrator is not available, such motions shall be filed with and decided by the Associate Administrator for Administration. A motion to modify, limit, or quash must be filed not later than 15 days after the service of the process or five days before the return date specified in the process, whichever is earlier, except that, if the process is served within five days of its return date, such motion may be filed at any time before the return date. Any motion must set forth the grounds and theories of why and how the party believes the process should be modified, limited, or quashed and must contain all facts and arguments which support those grounds and theories. (2) The Deputy Administrator may, upon receiving a motion filed pursuant to paragraph (a)(1) of this section: (i) Deny the motion; (ii) Modify the return date of the subpoena; (iii) Modify, limit or quash the subpoena; (iv) Condition granting the motion upon certain requirements; or (v) Take any other action he or she believes to be appropriate in the circumstances. (3) The Office of the Deputy Administrator serves the decision on the motion on the moving party or the counsel or representative of the moving party. This service may be made by personal service, by registered or certified mail, or by reading a copy of the decision to the moving party or the counsel or representative of the moving party. (4) A denial of any motion properly filed under this section shall be in writing, and shall contain a brief statement of the facts involved and the conclusions drawn from those facts by the Deputy Administrator. (b) The Deputy Administrator's decision on the motion to modify, limit, or quash, filed under paragraph (a) of this section is not subject to reconsideration by NHTSA. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);