[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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