[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2675 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2675
To direct the National Highway Traffic Safety Administration to
establish a program allowing low volume motor vehicle manufacturers to
produce a limited number of vehicles annually within a regulatory
system that addresses the unique safety and financial issues associated
with limited production, and to direct the Environmental Protection
Agency to allow low volume motor vehicle manufacturers to install
engines from vehicles that have been issued certificates of conformity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2015
Mr. Mullin (for himself and Mr. Gene Green of Texas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the National Highway Traffic Safety Administration to
establish a program allowing low volume motor vehicle manufacturers to
produce a limited number of vehicles annually within a regulatory
system that addresses the unique safety and financial issues associated
with limited production, and to direct the Environmental Protection
Agency to allow low volume motor vehicle manufacturers to install
engines from vehicles that have been issued certificates of conformity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Volume Motor Vehicle
Manufacturers Act of 2015''.
SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME
MANUFACTURERS.
Section 30114 of title 49, United States Code, is amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used
for Particular Purposes.--The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low Volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from section 30112(a) of this title
not more than 500 replica motor vehicles per year that
are manufactured or imported by a low volume
manufacturer; and
``(B) except as provided in paragraph (5) 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 determines appropriate. The
Secretary shall establish terms that ensure that no person may
register as a low volume manufacturer if the person is
registered as an importer under section 30141 of this title.
``(3) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low volume manufacturer to affix a permanent label to a
motor vehicle exempted under paragraph (1) that
identifies the specified standards and regulations for
which such vehicle is exempt from section 30112(a) 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
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(4) Definitions.--In this subsection:
``(A) Low volume manufacturer.--The term `low
volume manufacturer' means a motor vehicle
manufacturer, other than a person who is registered as
an importer under section 30141 of this title, whose
annual worldwide production is not more than 5,000
motor vehicles.
``(B) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of
the replica motor vehicle; and
``(ii) is manufactured under a license for
the product configuration, trade dress,
trademark or patent for the motor vehicle that
is intended to be replicated from the original
manufacturer, its successors or assignees, or
current owner of such rights, unless there is a
preponderance of evidence that such rights have
been abandoned for at least three years.
``(5) Conforming amendment.--Any motor vehicle exempted
under this subsection shall also be exempted from sections
32304, 32502, and 32902 of this title, and from section 1232 of
title 15 of the United States Code.
``(6) Limitation and public notice.--The Secretary shall
have 60 days to review and approve a registration submitted
under paragraph (2). Any registration not approved or denied
within 60 days shall be deemed approved. The Secretary shall
have the authority to revoke an existing registration based on
a failure to comply with requirements set forth in this
subsection. The registrant shall be provided a reasonable
opportunity to correct all deficiencies, if such are
correctable based on the sole discretion of the Secretary. An
exemption granted by the Secretary to a low volume manufacturer
under this subsection may not be transferred to any other
person, and any unused allotment of vehicles authorized to be
manufactured or imported on an annual basis by a low volume
manufacturer shall not carry forward to another calendar year.
The Secretary shall maintain and update the list of current
registrants on an annual basis and publish such list in the
Federal Register or on a Web page operated by the Secretary.
``(7) Limitation of liability for original manufacturers,
licensors, or owners of product configuration, trade dress or
design patents.--The original manufacturer, its successor or
assignee, or current owner who grants a license or otherwise
transfers rights to a low volume manufacturer as defined in
this section shall incur no liability to any person or entity
under Federal or State statute, regulation, local ordinance, or
under any Federal or State common law for such license or
assignment to a low volume manufacturer.''.
SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR
VEHICLE MANUFACTURERS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended--
(1) in section 206(a) by adding at the end the following
new paragraph:
``(5)(A) A motor vehicle engine (including all engine
emission controls) from a motor vehicle that has been granted a
certificate of conformity by the Administrator for the model
year in which the motor vehicle is assembled, or an engine that
has been granted an Executive order for the model year in which
the motor vehicle is assembled subject to regulations
promulgated by the California Air Resources Board, may be
installed in an exempted specially produced motor vehicle, if--
``(i) the manufacturer of the engine supplies
written instructions explaining how to install the
engine and maintain functionality of the engine's
emission control system and the on-board diagnostic
system (commonly known as `OBD II'), except with
respect to evaporative emissions diagnostics;
``(ii) the producer of the exempted specially
produced motor vehicle installs the engine in
accordance with such instructions; and
``(iii) the installation instructions include
emission control warranty information from the engine
manufacturer in compliance with section 207, including
where warranty repairs can be made, emission control
labels to be affixed to the vehicle, and the
certificate of conformity number for the applicable
vehicle in which the engine was originally intended or
the applicable Executive order number for the engine.
``(B) A motor vehicle containing an engine compliant with
the requirements of subparagraph (A) shall be treated as
meeting the requirements of section 202 applicable to new
vehicles manufactured or imported in the model year in which
the exempted specially produced motor vehicle is assembled.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accordance
with the installation instructions shall be treated as
prohibited acts by the installer under section 203 and subject
to penalties under section 205.
``(D) The producer of an exempted specially produced motor
vehicle that has an engine compliant with the requirements of
subparagraph (A) shall provide to the purchaser of such vehicle
all information received by the producer from the engine
manufacturer, including information regarding emissions
warranties from the engine manufacturer and all emissions-
related recalls by the engine manufacturer.
``(E) To qualify to install an engine under this paragraph,
a producer of exempted specially produced motor vehicles shall
register with the Administrator at such time and in such manner
as the Administrator determines appropriate. The producer shall
submit an annual report to the Administrator that includes--
``(i) a description of the exempted specially
produced motor vehicles produced and engines installed
in such vehicles; and
``(ii) the certificate of conformity number issued
to the motor vehicle in which the engine was originally
intended or the applicable Executive order number for
the engine.
``(F) Exempted specially produced motor vehicles compliant
with this paragraph shall be exempted from--
``(i) motor vehicle certification testing that
might otherwise be required under section 206; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G) A producer of exempted specially produced motor
vehicles that is compliant with subparagraphs (A) through (E)
of this paragraph is not considered a manufacturer for the
purposes of this Act.''; and
(2) in section 216 by adding at the end the following new
paragraph:
``(12) Exempted specially produced motor vehicle.--The term
`exempted specially produced motor vehicle' means a replica
motor vehicle that is exempt from specified standards as
defined in section 30114(b) of title 49, United States Code.''.
SEC. 4. IMPLEMENTATION.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall issue such regulations as may be
necessary to implement sections 2 and 3 of this Act, respectively.
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