[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2858-2862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-933]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 555 and 581
[Docket No. NHTSA-99-4993]
RIN 2127-AH51
Temporary Exemption From Motor Vehicle Safety Standards; Bumper
Standard
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule; technical amendments.
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SUMMARY: This document amends NHTSA's temporary exemption regulation
(49 CFR part 555) and bumper standard (49 CFR part 581) to reflect
recent statutory amendments that allow us to grant temporary exemptions
from Federal bumper standards on the same bases as we grant temporary
exemptions from the Federal motor vehicle safety standards. Before now,
we had authority to grant a bumper standard exemption only if the
vehicle exempted was manufactured for a special use, and if compliance
with the bumper standard would interfere unreasonably with the special
use of the vehicle.
Low-volume manufacturers may now present hardship arguments in
asking for an exemption of up to 3 years. All manufacturers may ask for
exemptions of up to 2 years for a limited number of vehicles if the
exemption would make easier the introduction of innovative impact
protection devices or the use of low-emission vehicles, or if it would
allow the sale of a vehicle whose overall level of impact protection is
at least equal to that of nonexempted vehicles.
Because part 581 does not reflect our authority to provide special-
use exemptions, we are taking this opportunity to establish a procedure
for exemptions from the bumper standard on this basis similar to those
of part 555, including providing an opportunity for public comment.
However, these special-use exemptions would be permanent, given the
likelihood that the vehicle is intended for its special use throughout
its production life.
We are also making minor amendments to conform to the terminology
and section numbers adopted in the 1994 recodification of our statutes.
Because these are technical amendments, they are effective upon
their publication.
DATES: Effective date: The final rule is effective on January 19, 1999.
FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief
Counsel, NHTSA (telephone: 202-366-5263; FAX: 202-366-3820; e-mail:
T[email protected]).
SUPPLEMENTARY INFORMATION:
Background
For many years, manufacturers of motor vehicles have been able to
apply to us for a temporary exemption from one or more of the Federal
motor vehicles safety standards, on one or more of the four bases
stated in 49 U.S.C. 30113 (enacted by Pub. L. 92-548, October 25, 1972,
as Section 123 of the National Traffic and Motor Vehicle Safety Act,
and implemented with 49 CFR part 555). We provide exemptions from a
standard of up to three years if we find that compliance would cause
substantial economic hardship to a manufacturer (whose annual
production is 10,000 units or less) that has tried to meet the standard
in good faith. We provide exemptions of up to two years, covering 2500
vehicles a year, to any
[[Page 2859]]
manufacturer, if the exemption would promote innovative safety devices
or low-emission vehicles, consistent with the safety of the vehicle, or
if compliance prevents the applicant from selling a vehicle whose
overall level of safety is at least equal to a complying vehicle.
In October 1972, Congress also enacted the Motor Vehicle
Information and Cost Savings Act (Pub. L. 92-513, October 20, 1972),
Title I of which (now 49 U.S.C. Chapter 325) required us to issue
bumper standards directed towards reducing the economic loss resulting
from motor vehicle crashes at low speeds. We complied by promulgating
49 CFR part 581 Bumper Standard. This standard superseded an earlier
bumper standard based on safety considerations, Federal Motor Vehicle
Safety Standard No. 215 Exterior Protection. Standard No. 215 went into
effect on September 1, 1972, and we had granted several exemptions from
it under our exemption authority provided by Pub. L. 92-548. On the the
effective date of part 581, September 1, 1978, Standard No. 215 was
removed, and the exemptions then in effect terminated. The remainder of
the term of these safety standard exemptions could not be transferred
to excuse compliance with Part 581, because the Bumper Standard was not
a safety standard, and, in any event, contained somewhat different
requirements.
Although both Acts were virtually contemporaneous, Pub. L. 92-513
contained no exemption authority comparable to that provided by Pub. L.
92-548. We were authorized only to exempt from any part of a bumper
standard a ``multipurpose passenger vehicle'' as defined by 49 U.S.C.
32101(9), or ``a make, model, or class of a passenger motor vehicle
manufactured for a special use, if the standard would interfere
unreasonably with the special use of the vehicle'' (49 U.S.C.
32502(c)). We exercised this limited authority by excluding
multipurpose passenger vehicles from Part 581, but we never excused any
vehicle from compliance on the basis of ``special use.''
With the enactment in October 1998 of Pub. L. 105-277, the Omnibus
Consolidated Appropriations Act of 1999, Congress has now given us
authority to provide the same kinds of exemptions from the bumper
standard as from the safety standards.
The 1998 amendments to 49 U.S.C. 30113 and 49 U.S.C. Chapter 325
These are the amendments made to Title 49 by Pub. L. 105-277. The
first sentence of section 30113(b)(1) now reads as follows: ``The
(NHTSA Administrator) 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 (Administrator) considers
appropriate.'' The Administrator may provide an exemption on finding
that ``an exemption is consistent with the public interest and this
chapter or chapter 325 of this title (as applicable),'' section
30113(b)(1)(3)(A), as amended. If the application is made on a hardship
basis, the manufacturer must describe its ``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,''
section 30113(c)(1). Under section 30113(d), as amended in part, ``A
manufacturer is eligible for an exemption under subsection (b)(3)(B)(1)
of this section (including an exemption under subsection (b)(3)(B)(1)
relating to a bumper standard referred to in subsection (b)(1)).''
Finally, the exemption 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,'' section 30113(h) as amended.
Pub. L. 105-277 made conforming amendments to 49 U.S.C. section
32502(c), which now reads:
(c) EXEMPTIONS.--For good cause, the (Administrator) may exempt
from all or any part of a standard--
(1) A multipurpose passenger vehicle;
(2) A make, model, or class of a passenger motor vehicle
manufactured for a special use, if the standard would interfere
unreasonably with the special use of the vehicle; or
(3) A passenger motor vehicle for which an application for an
exemption under section 30113(b) of this title has been filed in
accordance with the requirements of that section.
Finally, section 32506(a) GENERAL--has been amended to exclude from
the violations set forth in sections 32506(a)(1) through (a)(4) the
exceptions ``provided in this section and section 32502 of this
title.''
Conforming Amendments We Are Making to 49 Parts 555 and 581
Part 555
In recognition of the expanded exemption authority, we are changing
the title of part 555 to ``Temporary Exemption from Motor Vehicle
Safety and Bumper Standards.'' We are also adding bumper standards to
Sec. 555.1 Scope, and Sec. 555.2 Purpose. We are also changing the
statutory references in Secs. 555.1, 555.6(a)(2)(iv), and 555.6(c)(1)
to reflect the recodification in 1994 under which the exemption
authority of section 123 of the National Traffic and Motor Vehicle
Safety Act (15 U.S.C. 1410) became 49 U.S.C. 30113.
Under section 30113 as now amended, we may exempt ``motor
vehicles'' from a safety standard, and ``passenger motor vehicles''
from a bumper standard. A ``passenger motor vehicle'' is defined as ``a
motor vehicle with motive power designed to carry not more than 12
individuals, but does not include (A) a motorcycle; or (B) a truck not
designed primarily to carry its operator or passengers,'' 49 U.S.C.
32101(10). Part 581's bumper standard currently applies to ``passenger
motor vehicles other than multipurpose passenger vehicles,''
Sec. 581.3, which, in effect, means ``passenger cars'' as defined by 49
CFR 571.3(b) for purposes of compliance with the Federal motor vehicle
safety standards. Nevertheless, because section 30113 has been amended
to include the phrase ``passenger motor vehicles,'' we are amending
Secs. 555.3 and 555.5(a) to apply to manufacturers of passenger motor
vehicles as well as manufacturers of motor vehicles, to avoid questions
of interpretation. We are also amending Sec. 555.4 Definitions to
define ``passenger motor vehicles'' as the term is defined in section
32101(10).
The 1994 recodification uses the term ``apply'' rather then
``petition,'' and we are also amending part 555 where appropriate to
replace the noun and verb ``petition'' with ``application'' and
``apply.''
There are two findings that we must make to grant an exemption. The
first finding is that ``an exemption is consistent with the public
interest and (chapter 301) or chapter 325 of this title (as
applicable).'' Section 30113(b(3)(A), as amended. We are changing the
corresponding requirement under section 555.5(b)(7) to include chapter
325.
The second finding confirms the applicant's arguments under section
30113(b)(3)(B) that an exemption would serve a purpose listed in
subsections (B)(i)-(iv): Relieve a substantial economic hardship, make
easier the introduction of a new motor vehicle safety feature, or the
introduction of a low-emission motor vehicle without unreasonably
lowering its safety level, or allow the sale of a motor vehicle whose
overall level of safety is at least that of a nonexempted vehicle.
However, Pub. L. 105-277 made no corresponding amendments to sections.
30113(b)(3)(B)(i)-(iv) to allow arguments for impact protection in lieu
[[Page 2860]]
of safety arguments (None appears needed for section 30113(b)(3)(B)(i)
whose references to ``the standard'' can now be read to include bumper
standards).
Thus, a literal reading of the amended statute would require us to
find that a bumper standard exemption would make easier the
introduction of a new safety feature, or contribute to low-emission
vehicle development without an adverse effect on safety, or allow the
sale of a vehicle certified to meet all applicable Federal motor
vehicle safety standards which cannot be sold because it does not meet
the bumper standard.
We have reviewed this matter carefully, and have concluded that
Pub. L. 105-277 did not intend that we make safety findings in order to
grant exemptions from the bumper standard. Safety and bumper standards
are issued under different authorities for different purposes. One
purpose is not subservient to the other. In the regulatory sense, the
bumper standards are the co-equals of the safety standards. The new
amendments give us specific authority to exempt a manufacturer from
bumper standards by making the first finding that the exemption is
consistent with chapter 325. It follows from the first finding, that
the second finding should complement the first. We have concluded,
therefore, that Sec. 555.6 should allow arguments that an exemption
would make easier the introduction of a new impact protection feature
that is at least equivalent to a conforming vehicle and, for the same
reason, might facilitate the introduction of a low-emission vehicle.
The section should also allow a finding that the applicant is otherwise
unable to sell a vehicle with an overall level of impact protection at
least equal to that of a nonexempted vehicle. However, we would reserve
the right to balance safety considerations against considerations of
property protection as part of our first finding that an exemption
would be in the public interest. Thus, we would not preclude an
applicant from making safety arguments in its application, but we would
neither require it nor expect it.
Part 581
Under part 581 as amended, the Administrator may provide the three
types of exemptions from the bumper standard that we discussed earlier.
We have already exercised the authority to exempt multipurpose
passenger vehicles under section 32502(c)(1), since the bumper standard
does not apply to this class of vehicle, but we have never exercised
our authority to exempt vehicles on the basis of special use under
section 32502(c)(2). Therefore, we are adding a new section, Sec. 581.8
Exemptions, to establish an application/decision procedure, not only
for applications that may be filed under section 30113 and part 555,
but also for special-use exemptions.
Under the new exemption procedure, a manufacturer of a passenger
motor vehicle to which a bumper standard issued under part 581 applies
may apply to us for rulemaking to exempt a class of passenger motor
vehicles from all or any part of a bumper standard on the basis that
the class of vehicles has been manufactured for a special use and that
compliance with the standard would unreasonably interfere with the
special use of the class of vehicle. A manufacturer may also ask us to
exempt a make or model of passenger motor vehicle on this special-use
basis or in accordance with part 555.
An application filed for exemption on the basis of special use
should contain the preliminary information specified in Sec. 555.5 for
other exemption applications, and data, views, and arguments in support
that the vehicle has been manufactured for a special use and that
compliance with the bumper standard would interfere unreasonably with
the special use of the vehicle. An application filed for exemption on
the bases specified in Part 555 should be filed in accordance with the
requirements of that part. We will process all bumper exemption
applications the same way as we do those for safety exemptions, in
accordance with Sec. 555.7, publishing a notice in the Federal Register
that affords the public an opportunity to comment. The statute is
silent on the length of a special-use exemption, and we will provide no
term for it. However, it will expire when the make and model covered is
no longer produced, or when it has been so modified from its original
design that it can no longer be considered manufactured for the special
use upon which the exemption was based. We may terminate a bumper
standard exemption in the manner set forth for termination of safety
standard exemptions in Secs. 555.8(c) and 555.8(f), and for the reasons
set forth in Sec. 555.8(d). A vehicle exempted from the bumper standard
shall be labeled in accordance with Sec. 555.9. We will make available
to the public information relating to an application in the manner
specified in Sec. 555.10.
We are also revising Sec. 581.4 Definitions to update the statutory
citation of the Motor Vehicle Information and Cost Savings Act.
Effective Date
Because these amendments are technical in nature, implement
statutory amendments, and relieve a restriction upon passenger motor
vehicle manufacturers, it is hereby found that notice and comment are
not necessary, and that the agency may issue a final rule,
incorporating these technical amendments, that is effective upon the
date of publication. The amendments are therefore effective upon
publication in the Federal Register.
Rulemaking Analyses
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking action was not reviewed under Executive Order
12886. Further, NHTSA has determined that the action is not significant
under Department of Transportation regulatory policies and procedures.
The amendments implement statutory amendments extending the right to
manufacturers of motor vehicles to apply for exemptions from the bumper
standards. NHTSA concludes that the costs of the final rule are so
minimal as not to warrant preparation of a full regulatory evaluation.
The action does not involve any substantial public interest or
controversy. There is no substantial effect upon State and local
governments. There is no substantial impact upon a major transportation
safety program. The amendments may benefit primarily small
manufacturers who require additional time and resources to comply with
the full range of Federal motor vehicle safety and bumper standards, or
manufacturers of any size who may wish to produce a passenger motor
vehicle for a special use and cannot do so because compliance with the
bumper standard interferes unreasonably with that special use.
B. Regulatory Flexibility Act
The agency has also considered the effects of this action in
relation to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I
certify that this action will not have a substantial economic impact
upon a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The final rule would primarily
affect motor vehicle manufacturers who cannot comply with 49 CFR part
581 and are thereby prohibited from selling motor vehicles that do not
meet the Federal bumper standards. These manufacturers are small
businesses within the meaning of the Regulatory Flexibility Act, and
[[Page 2861]]
the final rule affords a means by which they may achieve temporary
relief while they achieve compliance with all applicable Federal bumper
and motor vehicle safety standards.
Governmental jurisdictions will not be affected at all since they
are not purchasers of nonconforming motor vehicles.
C. Executive Order 12612 (Federalism)
The agency has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612
``Federalism'' and determined that the action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
D. National Environmental Policy Act
NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action will not have a significant effect
upon the environment because it is anticipated that the annual volume
of motor vehicles manufactured pursuant to exemption from a bumper
standard will not vary significantly from that existing before
promulgation of the rule.
E. Civil Justice
This rule will not have any retroactive effect. Under 49 U.S.C.
32511(a), whenever a Federal passenger motor vehicle bumper standard is
in effect, a state may prescribe or enforce a bumper standard only if
the standard is identical to a standard prescribed under 49 U.S.C.
32502. Section 32503 sets forth a procedure for judicial review of
final rules establishing, amending or revoking Federal passenger motor
vehicle bumper standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the cost, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments in the aggregate, or by the private sector, of more than
$100 million annually. Because this final rule will not have a $100
million effect, no Unfunded Mandates assessment has been prepared.
List of Subjects in 49 CFR parts 555 and 581
Imports, Motor vehicle safety, Motor vehicles.
PART 555--TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER
STANDARDS
In consideration of the foregoing, 49 CFR part 555 is amended as
follows:
1. The authority citation for part 555 is revised to read as
follows:
Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation
of authority at 49 CFR 1.50.
2. The heading of Part 555 is revised to read as set forth above.
3. Section 555.1 Scope is revised to read as follows:
Sec. 555.1 Scope.
This part establishes requirements for the temporary exemption by
the National Highway Traffic Safety Administration (NHTSA) of certain
motor vehicles from compliance with one or more Federal motor vehicle
safety standards in accordance with 49 U.S.C. 30113, and of certain
passenger motor vehicles from compliance with all or part of a Federal
bumper standard in accordance with 49 U.S.C. 32502.
4. Section 555.2 Purpose is amended by designating the current text
as paragraph (a) and by adding a new paragraph (b) to read as follows:
Sec. 555.2 Purpose.
* * * * *
(b) The purpose of this part is also to provide a means by which
manufacturers of passenger motor vehicles may obtain a temporary
exemption from compliance with all or part of a Federal bumper standard
issued under part 581 of this chapter on a basis similar to that
provided for exemptions from the Federal motor vehicle safety
standards.
5. Section 555.3 Application is revised to read:
Sec. 555.3 Application.
This part applies to manufacturers of motor vehicles and passenger
motor vehicles.
6. Section 555.4 Definitions is amended by adding a definition of
Passenger Motor Vehicle in alphabetical order, between the definition
of Administrator and the definition of United States, to read as
follows:
Sec. 555.4 Definitions.
* * * * *
Passenger motor vehicle means a motor vehicle with motive power
designed to carry not more than 12 individuals, but does not include a
truck not designed primarily to carry its operator or passengers, or a
motorcycle.
* * * * *
6a. The heading to Secs. 555.5 and 555.6, and Secs. 555.5(b)
introductory text, 555.5(b)(5), 555.6(a)(1)(v), 555.7(d) introductury
text, and 555.7(e) are amended by removing ``petition'' and adding in
its place ``application.''
7. Sections 555.5(a) and (b)(7) are revised to read as follows:
Sec. 555.5 Application for exemption.
(a) A manufacturer of motor vehicles or passenger motor vehicles
may apply to NHTSA for a temporary exemption from any Federal motor
vehicle safety or bumper standard or for a renewal of any exemption on
the bases of substantial economic hardship, making easier the
development or field evaluation of new motor vehicle safety or impact
protection, or low-emission vehicle features, or that compliance with a
standard would prevent it from selling a vehicle with an overall level
of safety or impact protection at least equal to that of nonexempted
vehicles.
(b) * * *
(7) Set forth the reasons why the granting of the exemption would
be in the public interest, and, as applicable, consistent with the
objectives of 49 U.S.C. Chapter 301 or Chapter 325.
* * * * *
Sec. 555.6 [Amended]
8. Sections 555.6(b)(5), 555.6(c)(5), 555.6(d)(4), 555.7(b),
555.7(c), 555.8(e), and 555.8(f)(1) are amended by removing ``a
petition'' and adding in its place ``an application.''
9. Sections 555.6(a)(2)(iv) last sentence in parenthesis, 555.6(b)
introductory text, 555.6(b)(1), 555.6(b)(2) introductory text,
555.6(b)(2)(i), 555.6(b)(2)(iii), 555.6(b)(4), 555.6(c)(1), 555.6(c)(2)
introductury text, 555.6(c)(2)(iv), 555.6(d) introductory text,
555.6(d)(1) introductory text, 555.6(d)(1)(ii), 555.6(d)(1)(iv), and
555.6(d)(1)(v) are revised to read as follows:
Sec. 555.6 Basis for application.
(a) If the basis of the application is that compliance with the
standard would cause substantial economic hardship to a manufacturer
that has tried to comply with the standard in good faith, the applicant
shall provide the following information:
* * * * *
(2) * * *
(iv) * * * (49 U.S.C. 30113(d) limits eligibility for exemption on
the basis of economic hardship to manufacturers whose total motor
vehicle production in the year preceding the filing of their
applications does not exceed 10,000.)
(b) If the basis of the application is that the exemption would
make easier the development or field evaluation of a new motor vehicle
safety or impact
[[Page 2862]]
protection features providing a safety or impact protection level at
least equal to that of the standard, the applicant shall provide the
following information:
(1) A description of the safety or impact protection features, and
research, development, and testing documentation establishing the
innovational nature of such features.
(2) An analysis establishing that the level of safety or impact
protection of the feature is equivalent to or exceeds the level of
safety or impact protection established in the standard from which
exemption is sought, including--
(i) A detailed description of how a vehicle equipped with the
safety or impact protection feature differs from one that complies with
the standard;
* * * * *
(iii) The results of tests conducted on the safety or impact
protection features that demonstrates performance which meets or
exceeds the requirements of the standard.
* * * * *
(4) A statement whether, at the end of the exemption period, the
manufacturer intends to conform to the standard, apply for a further
exemption, or petition for rulemaking to amend the standard to
incorporate the safety or impact protection features.
* * * * *
(c) If the basis of the application is that the exemption would
make the development or field evaluation of a low-emission vehicle
easier and would not unreasonably lower the safety or impact protection
level of that vehicle, the applicant shall provide--
(1) Substantiation that the vehicle is a low-emission vehicle as
defined by 49 U.S.C. 30113(a).
(2) Research, development, and testing documentation establishing
that a temporary exemption would not unreasonably degrade the safety or
impact protection of the vehicle, including--
* * * * *
(iv) Reasons why the failure to meet the standard does not
unreasonably degrade the safety or impact protection of the vehicle.
* * * * *
(d) If the basis of the application is that the applicant is
otherwise unable to sell a vehicle whose overall level of safety or
impact protection is at least equal to that of a nonexempted vehicle,
the applicant shall provide--
(1) A detailed analysis of how the vehicle provides the overall
level of safety or impact protection at least equal to that of
nonexempted vehicles, including--
* * * * *
(ii) A detailed description of any safety or impact protection
features that the vehicle offers as standard equipment that are not
required by the Federal motor vehicle safety or bumper standards;
* * * * *
(iv) The results of any tests conducted on the vehicle
demonstrating that its overall level of safety or impact protection
exceeds that which is achieved by conformity to the standards.
(v) Other arguments that the overall level of safety or impact
protection of the vehicle is at least equal to that of nonexempted
vehicles.
* * * * *
10. The heading of Sec. 555.7, and Sec. 555.7(a) are revised to
read as follows:
Sec. 555.7 Processing of applications.
(a) The NHTSA publishes in the Federal Register, affording
opportunity for comment, a notice of each application containing the
information required by this part. However, if the NHTSA finds that an
application does not contain the information required by this part, it
so informs the applicant, pointing out the areas of insufficiency and
stating that the application will not receive further consideration
until the required information is submitted.
* * * * *
11. In section 555.10, the first sentence of paragraph (a) is
revised to read as follows:
Sec. 555.10 Availability for public inspection.
(a) Information relevant to an application under this part,
including the application and supporting data, memoranda of informal
meetings with the applicant or any other interested person, and the
grant or denial of the application, is available for public inspection,
except as specified in paragraph (b) of this section, in Room PL-401
(Docket Management), 400 Seventh Street, SW., Washington, DC 20590. * *
*
PART 581--[AMENDED]
In consideration of the foregoing, 49 CFR part 581 is amended as
follows:
1. The authority citation for part 581 is revised to read as
follows:
Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation
of authority at 49 CFR 1.50.
2. The first sentence in Sec. 581.4 Definitions is revised to read
as follows: Sec. 581.4 Definitions.
All terms defined in 49 U.S.C. 32101 are used as defined therein.
* * * * *
3. New Sec. 581.8 Exemptions is added to read:
Sec. 581.8 Exemptions.
A manufacturer of a passenger motor vehicle to which a bumper
standard issued under this part applies may apply to the Administrator:
(a) For rulemaking as provided in part 552 of this chapter to
exempt a class of passenger motor vehicles from all or any part of a
bumper standard issued under this part on the basis that the class of
vehicles has been manufactured for a special use and that compliance
with the standard would unreasonably interfere with the special use of
the class of vehicle; or
(b) To exempt a make or model of passenger motor vehicle on the
basis set forth in paragraph (a) of this section or part 555 of this
chapter.
(c) An application filed for exemption on the basis of paragraph
(a) of this section shall contain the information specified in
Sec. 555.5 of this chapter, and set forth data, views, and arguments in
support that the vehicle has been manufactured for a special use and
that compliance with the bumper standard would interfere unreasonably
with the special use of the vehicle.
(d) An application filed for exemption under part 555 of this
chapter shall be filed in accordance with the requirements of that
part.
(e) The NHTSA shall process exemption applications in accordance
with Sec. 555.7 of this chapter. An exemption granted a manufacturer on
the basis of paragraph (a) of this section is indefinite in length but
expires when the manufacturer ceases production of the exempted
vehicle, or when the exempted vehicle as produced has been so modified
from its original design that the Administrator decides that it is no
longer manufactured for the special use upon which the application for
its exemption was based. The Administrator may terminate an exemption
in the manner set forth in Secs. 555.8(c) and 555.8(f) of this chapter,
and for the reasons set forth in Sec. 555.8(d) of this chapter. An
exempted vehicle shall be labeled in accordance with Sec. 555.9 of this
chapter. Information relating to an application shall be available to
the public in the manner specified in Sec. 555.10 of this chapter.
Issued on January 11, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-933 Filed 1-15-99; 8:45 am]
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