
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30113]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 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 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 105-
277, div. A, Sec. 101(g) [title III, Sec. 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, 
Sec.  123; added Apr. 10, 1968,
                                                                          Pub. 
L. 90-283, 82 Stat. 72; restated
                                                                          Oct. 
25, 1972, Pub. L. 92-548, Sec.
                                                                          3, 86
 Stat. 1159.
30113(b)..............................  15:1410(a) (1st sentence),
                                         (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 sentence).
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 manufacture'' 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 included in ``on terms the Secretary 
considers appropriate''.
    In subsection (b)(2), the words ``The Secretary may begin a 
proceeding under this subsection . . . for an exemption or a renewal of 
an exemption'' are added because of the restatement. The words ``of the 
application'' 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 manufacturer that'' are 
substituted for ``such manufacturer . . . and that the manufacturer'' to 
eliminate unnecessary words. The words ``from which it requests to be 
exempted'' 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 safety level'' 
are substituted for ``degrade the safety'' for clarity.
    In subsection (b)(3)(B)(iv), the word ``requiring'' is omitted as 
surplus.
    In subsection (c), before clause (1), the words ``the following 
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 exemption from the standard'' are substituted for ``degraded'', 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 vehicles'' 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 prescribed under this chapter'' are 
substituted for ``the standards'' for clarity and consistency in this 
chapter.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-277, Sec. 101(g) [title III, 
Sec. 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 prescribed under this chapter''.
    Subsec. (b)(3)(A). Pub. L. 105-277, Sec. 101(g) [title III, 
Sec. 351(a)(1)(B)], inserted ``or chapter 325 of this title (as 
applicable)'' after ``this chapter''.
    Subsec. (c)(1). Pub. L. 105-277, Sec. 101(g) [title III, 
Sec. 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, Sec. 101(g) [title III, 
Sec. 351(a)(3)], inserted ``(including an exemption under subsection 
(b)(3)(B)(i) relating to a bumper standard referred to in subsection 
(b)(1))'' after ``subsection (b)(3)(B)(i) of this section''.
    Subsec. (h). Pub. L. 105-277, Sec. 101(g) [title III, 
Sec. 351(a)(4)], inserted ``or bumper standard prescribed under chapter 
325 of this title'' after ``each motor vehicle safety standard 
prescribed under this chapter''.

                  Section Referred to in Other Sections

    This section is referred to in sections 30112, 32502 of this title.
