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. 89–563, 80 Stat. 718, § 108(c)(1), (i); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818, 2823. 30112(b) (1)–(3). 15:1397(a)(2)(D), (b)(1) (1st sen- tence), (2). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(2)(D), (b)(1) (1st sentence), (2), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1), 88 Stat. 1477, 1478. 15:1397(b)(3). Sept. 9, 1966, Pub. L. 89–563, § 108(b)(3), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(B), 88 Stat. 1478; Oct. 31, 1988, Pub. L. 100–562, § 2(a), 102 Stat. 2818. 30112(b) (4)–(8). (no source). 30112(b)(9) .. 15:1397(i). In subsection (a), the words ‘‘Except as provided in this section . . . and subchapter III of this chapter’’ are substituted for 15:1397(c)(1) to eliminate unnecessary words and because of the restatement. The reference to section 30113 is added for clarity. In subsection (b), before clause (1), the text of 15:1397(a)(2)(D) is omitted as obsolete because under section 30124 of the revised title a standard prescribed under this chapter may not allow compliance by use of a safety belt interlock or a continuous buzzer. In clause (2)(A), the words ‘‘despite exercising reasonable care’’ are substituted for ‘‘in the exercise of due care’’ for clarity and consistency in the revised title. The words ‘‘motor vehicle safety standards prescribed under this chapter’’ are substituted for ‘‘Federal motor vehicle safety standards’’ for clarity and consistency in this chapter. In clause (2)(B), the words ‘‘without knowing about the noncompliance’’ are substituted for ‘‘unless such person knows that such vehicle or equipment does not so conform’’ to eliminate unnecessary words and for consistency in the revised title. Clauses (4)–(8) are added to provide cross–references to sections restating exceptions to the general rule restated in subsection (a) of this section. Editorial Notes REFERENCES IN TEXT The date of enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. The date of enactment of this paragraph, referred to in subsec. (b)(10), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2015—Subsec. (b)(10). Pub. L. 114–94 added par. (10). 2012—Subsec. (a)(3). Pub. L. 112–141, § 31207(1), added par. (3). Subsec. (b)(2)(C). Pub. L. 112–141, § 31207(2), added sub- par. (C). 2005—Subsec. (a). Pub. L. 109–59, which directed amendment of section 30112(a), without specifying the title to be amended, by designating existing provisions as par. (1) and adding par. (2), was executed to this sec- tion, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 30113. General exemptions (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) when the vehicle is manufac- tured and emitting an air pollutant in an amount significantly below one of those stand- ards. (b) AUTHORITY TO EXEMPT AND PROCEDURES.— (1) The Secretary of Transportation may ex- empt, 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 chap- ter 325 of this title, on terms the Secretary con- siders appropriate. An exemption may be re- newed. A renewal may be granted only on re- application and must conform to the require- ments of this subsection. (2) The Secretary may begin a proceeding under this subsection when a manufacturer ap- plies for an exemption or a renewal of an exemp- tion. The Secretary shall publish notice of the application and provide an opportunity to com- ment. 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 sub- section on finding that— (A) an exemption is consistent with the pub- lic interest and this chapter or chapter 325 of this title (as applicable); and Page 765 TITLE 49—TRANSPORTATION § 30113 (B)(i) compliance with the standard would cause substantial economic hardship to a man- ufacturer that has tried to comply with the standard in good faith; (ii) the exemption would make easier the de- velopment or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the stand- ard; (iii) the exemption would make the develop- ment or field evaluation of a low-emission motor vehicle easier and would not unreason- ably lower the safety level of that vehicle; or (iv) compliance with the standard would pre- vent 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 manufac- turer applying for an exemption under sub- section (b) of this section shall include the fol- lowing information in the application: (1) if the application is made under sub- section (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 pre- scribed under this chapter, or a bumper stand- ard prescribed under chapter 325 of this title, from which the manufacturer is requesting an exemption. (2) if the application is made under sub- section (b)(3)(B)(ii) of this section, a record of the research, development, and testing estab- lishing the innovative nature of the safety fea- ture 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 sub- section (b)(3)(B)(iii) of this section, a record of the research, development, and testing estab- lishing that the motor vehicle is a low-emis- sion motor vehicle and that the safety level of the vehicle is not lowered unreasonably by ex- emption from the standard. (4) if the application is made under sub- section (b)(3)(B)(iv) of this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the over- all 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 sub- section (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1)) only if the Sec- retary 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 sec- tion only if the Secretary determines the ex- emption is for not more than 2,500 vehicles to be sold in the United States in any 12-month pe- riod. (e) MAXIMUM PERIOD.—An exemption or re- newal under subsection (b)(3)(B)(i) of this sec- tion 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 infor- mation 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 sec- tion 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 stand- ard 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 105–277, div. A, § 101(g) [title III, § 351(a)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–475.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30113(a) ...... 15:1410(g). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 123; added Apr. 10, 1968, Pub. L. 90–283, 82 Stat. 72; restated Oct. 25, 1972, Pub. L. 92–548, § 3, 86 Stat. 1159. 30113(b) ...... 15:1410(a) (1st sen- tence), (c)(1) (23d–last words), (2) (23d–last words). 30113(c) ...... 15:1410(e). 30113(d) ...... 15:1410(d). 30113(e) ...... 15:1410(c)(1) (1st–22d words), (2) (1st–22d words). 30113(f) ....... 15:1410(f). 30113(g) ...... 15:1410(a) (last sen- tence). 30113(h) ...... 15:1410(b). In subsection (a), the words ‘‘the term’’ and ‘‘type of’’ are omitted as surplus. The words ‘‘when the vehicle is manufactured’’ are substituted for ‘‘at the time of man- ufacture’’ for consistency. In subsection (b)(1), the words ‘‘Except as provided in subsection (d) of this section’’ are omitted as surplus. The words ‘‘to such extent’’ are omitted as being in- cluded in ‘‘on terms the Secretary considers appro- priate’’. In subsection (b)(2), the words ‘‘The Secretary may begin a proceeding under this subsection . . . for an ex- emption or a renewal of an exemption’’ are added be- cause of the restatement. The words ‘‘of the applica- tion’’ are added for clarity. The words ‘‘An application for an exemption or for a renewal of an exemption shall be filed’’ are added because of the restatement. In subsection (b)(3)(A), the words ‘‘such temporary’’ and ‘‘the objectives of’’ are omitted as surplus. In subsection (b)(3)(B)(i), the words ‘‘to a manufac- turer that’’ are substituted for ‘‘such manufacturer . . . and that the manufacturer’’ to eliminate unnecessary words. The words ‘‘from which it requests to be ex- empted’’ are omitted as surplus. In subsection (b)(3)(B)(ii), the words ‘‘from which an exemption is sought’’ are omitted as surplus. In subsection (b)(3)(B)(iii), the words ‘‘lower the safe- ty level’’ are substituted for ‘‘degrade the safety’’ for clarity. In subsection (b)(3)(B)(iv), the word ‘‘requiring’’ is omitted as surplus. Page 766 TITLE 49—TRANSPORTATION § 30114 1 So in original. Probably should be ‘‘(a)’’. 2 So in original. Probably should be followed by a dash. In subsection (c), before clause (1), the words ‘‘the fol- lowing information’’ are added for clarity. In clause (1), the word ‘‘describing’’ is substituted for ‘‘the basis of showing’’ to eliminate unnecessary words. The words ‘‘each motor vehicle safety standard prescribed under this chapter from which the manufacturer is requesting an exemption’’ are substituted for ‘‘the standards’’ for clarity. In clauses (2) and (3), the words ‘‘a record’’ are substituted for ‘‘documentation’’ for consistency in the revised title. In clause (2), the words ‘‘establishing that the safety level of the feature at least equals the safety level of the standard’’ are substituted for ‘‘establishing that the level of safety of the new safety feature is equivalent to or exceeds the level of safety established in the standard from which the exemption is sought’’ because of the restatement. In clause (3), the word ‘‘level’’ is added, and the words ‘‘lowered . . . by exemp- tion from the standard’’ are substituted for ‘‘de- graded’’, for consistency in this section. In clause (4), the words ‘‘at least equal to’’ are substituted for ‘‘equivalent to or exceeding’’ for consistency. In subsection (f), the text of 15:1410(f) (1st sentence) is omitted as executed. The words ‘‘under this section all’’ and ‘‘other information’’ are omitted as surplus. The words ‘‘to the application’’ are substituted for ‘‘thereto’’ for clarity. The words ‘‘business’’ and ‘‘for exemption’’ are omitted as surplus. In subsection (g), the words ‘‘The Secretary’’ are added for clarity. The word ‘‘temporary’’ is omitted as surplus. The words ‘‘under this section’’ are added for clarity. In subsection (h), the words ‘‘a . . . label to be fixed to a motor vehicle granted an exemption under this section’’ are substituted for ‘‘labeling of each exempted motor vehicle . . . and be affixed to such exempted ve- hicles’’ for clarity. The words ‘‘of such exempted motor vehicle in such manner as he deems’’ are omitted as surplus. The words ‘‘motor vehicle safety standard pre- scribed under this chapter’’ are substituted for ‘‘the standards’’ for clarity and consistency in this chapter. Editorial Notes AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(A)], inserted ‘‘or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,’’ after ‘‘a motor vehicle safety standard pre- scribed under this chapter’’. Subsec. (b)(3)(A). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(B)], inserted ‘‘or chapter 325 of this title (as applicable)’’ after ‘‘this chapter’’. Subsec. (c)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(2)], inserted ‘‘, or a bumper standard prescribed under chapter 325 of this title,’’ after ‘‘motor vehicle safety standard prescribed under this chapter’’. Subsec. (d). Pub. L. 105–277, § 101(g) [title III, § 351(a)(3)], inserted ‘‘(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard re- ferred to in subsection (b)(1))’’ after ‘‘subsection (b)(3)(B)(i) of this section’’. Subsec. (h). Pub. L. 105–277, § 101(g) [title III, § 351(a)(4)], inserted ‘‘or bumper standard prescribed under chapter 325 of this title’’ after ‘‘each motor vehi- cle safety standard prescribed under this chapter’’. § 30114. Special exemptions (A) 1 VEHICLES USED FOR PARTICULAR PUR- POSES.2 The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title on terms the Secretary decides are necessary for research, investigations, demonstrations, train- ing, competitive racing events, show, or display. (b) EXEMPTION FOR LOW-VOLUME MANUFACTUR- ERS.— (1) IN GENERAL.—The Secretary shall— (A) exempt from section 30112(a) of this title not more than 325 replica motor vehi- cles per year that are manufactured or im- ported by a low-volume manufacturer; and (B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. (2) REGISTRATION REQUIREMENT.—To qualify for an exemption under paragraph (1), a low- volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary deter- mines appropriate. The Secretary shall estab- lish terms that ensure that no person may reg- ister as a low-volume manufacturer if the per- son is registered as an importer under section 30141 of this title. (3) PERMANENT LABEL REQUIREMENT.— (A) IN GENERAL.—The Secretary shall re- quire a low-volume manufacturer to affix a permanent label to a motor vehicle exempt- ed under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates. (B) WRITTEN NOTICE.—The Secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to— (i) the dealer; and (ii) the first purchaser of the motor vehi- cle, if the first purchaser is not an indi- vidual that purchases the motor vehicle for resale. (C) REPORTING REQUIREMENT.—A low-vol- ume manufacturer shall annually submit a report to the Secretary including the num- ber and description of the motor vehicles ex- empted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). (4) EFFECT ON OTHER PROVISIONS.—Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). (5) LIMITATION AND PUBLIC NOTICE.—The Sec- retary shall have 90 days to review and ap- prove or deny a registration submitted under paragraph (2). If the Secretary determines that any such registration submitted is incom- plete, the Secretary shall have an additional 30 days for review. Any registration not ap- proved or denied within 90 days after initial submission, or 120 days if the registration sub- mitted is incomplete, shall be deemed ap- proved. The Secretary shall have the author- ity to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related defect or unlaw- ful conduct under this chapter that poses a significant safety risk. The registrant shall be