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49 U.S.C. § 30113 — General exemptions

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30113 — General exemptions

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Stable record: federal_law:legal_authorities:record_usc_d8dda86644e58ccfd3c03627
Source file: Laws/federal/codes/united-states-code/title-49/section-30113-general-exemptions--4ddacaff24.md
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Source location: Title 49, Chapter 301, § 30113; chapter-301-motor-vehicle-safety.md

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**(a) Definition.—** In this section, “low-emission motor vehicle” means a motor vehicle meeting the standards for new motor vehicles applicable to the vehicle under section 202 of the Clean Air Act ([42 U.S.C. 7521](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim)) when the vehicle is manufactured and emitting an air pollutant in an amount significantly below one of those standards. **(b) Authority To Exempt and Procedures.—** (1) The Secretary of Transportation may exempt, on a temporary basis, motor vehicles from a motor vehicle safety standard prescribed under this chapter or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title, on terms the Secretary considers appropriate. An exemption may be renewed. A renewal may be granted only on reapplication and must conform to the requirements of this subsection. (2) The Secretary may begin a proceeding under this subsection when a manufacturer applies for an exemption or a renewal of an exemption. The Secretary shall publish notice of the application and provide an opportunity to comment. An application for an exemption or for a renewal of an exemption shall be filed at a time and in the way, and contain information, this section and the Secretary require. (3) The Secretary may act under this subsection on finding that— (A) an exemption is consistent with the public interest and this chapter or chapter 325 of this title (as applicable); and (B) (i) compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith; (ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard; (iii) the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or (iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles. **(c) Contents of Applications.—** A manufacturer applying for an exemption under subsection (b) of this section shall include the following information in the application: (1) if the application is made under subsection (b)(3)(B)(i) of this section, a complete financial statement describing the economic hardship and a complete description of the manufacturer’s good faith effort to comply with each motor vehicle safety standard prescribed under this chapter, or a bumper standard prescribed under chapter 325 of this title, from which the manufacturer is requesting an exemption. (2) if the application is made under subsection (b)(3)(B)(ii) of this section, a record of the research, development, and testing establishing the innovative nature of the safety feature and a detailed analysis establishing that the safety level of the feature at least equals the safety level of the standard. (3) if the application is made under subsection (b)(3)(B)(iii) of this section, a record of the research, development, and testing establishing that the motor vehicle is a low-emission motor vehicle and that the safety level of the vehicle is not lowered unreasonably by exemption from the standard. (4) if the application is made under subsection (b)(3)(B)(iv) of this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles. **(d) Eligibility.—** A manufacturer is eligible for an exemption under subsection (b)(3)(B)(i) of this section (including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1)) only if the Secretary determines that the manufacturer’s total motor vehicle production in the most recent year of production is not more than 10,000. A manufacturer is eligible for an exemption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary determines the exemption is for not more than 2,500 vehicles to be sold in the United States in any 12-month period. **(e) Maximum Period.—** An exemption or renewal under subsection (b)(3)(B)(i) of this section may be granted for not more than 3 years. An exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this section may be granted for not more than 2 years. **(f) Disclosure.—** The Secretary may make public, by the 10th day after an application is filed, information contained in the application or relevant to the application unless the information concerns or is related to a trade secret or other confidential information not relevant to the application. **(g) Notice of Decision.—** The Secretary shall publish in the Federal Register a notice of each decision granting an exemption under this section and the reasons for granting it. **(h) Permanent Label Requirement.—** The Secretary shall require a permanent label to be fixed to a motor vehicle granted an exemption under this section. The label shall either name or describe each motor vehicle safety standard prescribed under this chapter or bumper standard prescribed under chapter 325 of this title from which the vehicle is exempt. The Secretary may require that written notice of an exemption be delivered by appropriate means to the dealer and the first purchaser of the vehicle other than for resale.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7521 — Emission standards for new motor vehicles or new motor vehicle engines

**(a) Authority of Administrator to prescribe by regulation** Except as otherwise provided in subsection (b)— (1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution. (2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. (3) (A) *In general.—* (i) Unless the standard is changed as provided in subparagraph (B), regulations under paragraph (1) of this subsection applicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or after model year 1983 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7521

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1411 to 1420 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 1394, Pub. L. 89–563, title I, § 105, Sept. 9, 1966, 80 Stat. 720, related to judicial review of orders establishing standards, presentation of additional evidence before Secretary, and certified copy of transcript of record. See sections 30103 and 30161 of Title 49, Transportation. Section 1395, Pub. L. 89–563, title I, § 106, Sept. 9, 1966, 80 Stat. 721, related to research, testing, development, and training in traffic and vehicle safety. Section 1396, Pub. L. 89–563, title I, § 107, Sept. 9, 1966, 80 Stat. 721, related to cooperation of Secretary with governmental and private agencies in developing motor vehicle safety standards and methods for determining compliance with such standards. See sections 30111 and 30166 of Title 49. Section 1397, Pub. L. 89–563, title I, § 108, Sept. 9, 1966, 80 Stat. 722; Pub. L. 93–492, title I, § 103(a), title II, § 203, Oct. 27, 1974, 88 Stat. 1477, 1485; Pub. L. 100–562, § 2(a)–(d), Oct. 31, 1988, 102 Stat. 2818, 2824, prohibited manufacture, sale, delivery, or importation of substandard vehicles and rendering inoperative certain devices, elements of design, or motor vehicle equipment. See sections 30103, 30112, 30114, 30115, 30117 to 30122, 30125, 30126, 30141 to 30147, 30166, and 30167 of Title 49. Section 1398, Pub. L. 89–563, title I, § 109, Sept. 9, 1966, 80 Stat. 723; Pub. L. 93–492, title I, § 103(b), Oct. 27, 1974, 88 Stat. 1478, related to civil penalties for violations of former [section 1397 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1397&num=0&edition=prelim) and Secretary’s authority to compromise such penalties. See [section 30165 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30165&num=0&edition=

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1411 to 1420

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7521 — Emission standards for new motor vehi-

Page 7311 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7521 1 See References in Text note below. SUBCHAPTER II—EMISSION STANDARDS FOR MOVING SOURCES PART A—MOTOR VEHICLE EMISSION AND FUEL STANDARDS § 7521. Emission standards for new motor vehi- cles or new motor vehicle engines (a) Authority of Administrator to prescribe by regulation Except as otherwise provided in subsection (b)— (1) The Administrator shall by regulation pre- scribe (and from time to time revise) in accord- ance with the provisions of this section, stand- ards applicable to the emission of any air pollut- ant from any class or classes of new motor vehi- cles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endan- ger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under sub- section (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution. (2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Admin- istrator finds necessary to permit the develop- ment and application of the requisite tech- nology, giving appropriate consideration to the cost of compliance within such period. (3)(A) IN GENERAL.—(i) Unless the standard is changed as provided in subparagraph (B), regula- tions under paragraph (1) of this subsection ap- plicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or afte

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7521

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30113 — General exemptions

Page 764 TITLE 49—TRANSPORTATION § 30113 (6) a motor vehicle under section 30143 of this title imported by an individual employed outside the United States; (7) a motor vehicle under section 30144 of this title imported on a temporary basis; (8) a motor vehicle or item of motor vehicle equipment under section 30145 of this title re- quiring further manufacturing; (9) a motor vehicle that is at least 25 years old; or (10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation and that prior to the date of enact- ment of this paragraph— (A) has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards; (B) has submitted to the Secretary appro- priate manufacturer identification informa- tion under part 566 of title 49, Code of Fed- eral Regulations; and (C) if applicable, has identified an agent for service of process in accordance with part 551 of such title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 109–59, title X, § 10309(b), Aug. 10, 2005, 119 Stat. 1942; Pub. L. 112–141, div. C, title I, § 31207, July 6, 2012, 126 Stat. 761; Pub. L. 114–94, div. B, title XXIV, § 24404, Dec. 4, 2015, 129 Stat. 1721.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30112(a) ...... 15:1397(a)(1)(A). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(A), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1), 88 Stat. 1477; Oct. 31, 1988, Pub. L. 100–562, § 2(c), (d), 102 Stat. 2824. 15:1397(c)(1). Sept. 9, 1966, Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 30113

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