Replica Motor Vehicles; Vehicle Identification Number (VIN) Requirements; Manufacturer Identification; Certification, 792-823 [2019-27211]

Download as PDF 792 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 565, 566, 567, and 586 [Docket No. NHTSA–2019–0121] RIN 2127–AL77 Replica Motor Vehicles; Vehicle Identification Number (VIN) Requirements; Manufacturer Identification; Certification National Highway Traffic Safety Administration (NHTSA); Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. AGENCY: Section 24405 of the Fixing America’s Surface Transportation Act (FAST Act) amended the National Traffic and Motor Vehicle Safety Act (Safety Act) to direct the Secretary of Transportation (NHTSA by delegation) to exempt annually a limited number of replica motor vehicles manufactured or imported by low-volume manufacturers from Federal motor vehicle safety standards (FMVSS) that apply to motor vehicles, but not standards that apply to motor vehicle equipment. To implement the exemption program and the procedural mandates of the FAST Act, NHTSA is proposing, in a new Part 586, requirements for registering as a replica manufacturer, submitting annual reports, providing consumer disclosures, and labeling. NHTSA is proposing procedures to exempt replica vehicles produced by registrants from all the FMVSS that apply to new motor vehicles. This Notice of Proposed Rulemaking (NPRM) also proposes changes to Part 565, to require manufacturers to encode specific information into each replica vehicle’s VIN, and to Parts 566 and 567 for manufacturer identification and vehicle certification, respectively. DATES: You should submit your comments early enough to ensure that the docket receives them not later than February 6, 2020. In compliance with the Paperwork Reduction Act, NHTSA is also seeking comment on a new information collection and revisions to existing information collections. For additional information, see the Paperwork Reduction Act section under the Regulatory Notices and Analyses section below. All comments relating to the information collection requirements should be submitted to NHTSA and to the Office of Management and Budget (OMB) at the address listed in the ADDRESSES section on or before February 6, 2020. khammond on DSKJM1Z7X2PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 You may submit comments to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Regardless of how you submit your comments, please be sure to mention the docket number of this document. Comments on the proposed information collection requirements should be submitted to: Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503, Attn: Desk Officer for NHTSA. It is requested that comments sent to the OMB also be sent to the NHTSA rulemaking docket identified in the heading of this document. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation section of this document. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading under Rulemaking Notices and Analyses regarding documents submitted to the agency’s dockets. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: For technical issues and information concerning the information collections, you may contact Ms. Mary Versailles, Office of Rulemaking, by telephone at 202–366–2057. For legal issues, you may contact Ms. Callie Roach, Office of the Chief Counsel, by telephone at 202– 366–2992. The mailing address of both officials is: National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Executive Summary PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 II. Background—Summary of Significant FAST Act Provisions III. NHTSA’s Proposed Replica Vehicle Program—Basics a. Overview b. Number of Exempted Vehicles Permitted c. Low-Volume Manufacturer Requirement d. Vehicles Built in Two or More Stages IV. Relevant Definitions a. Low-Volume Manufacturer b. Replica Motor Vehicle 1. Requirement To Resemble the Replicated Vehicle 2. Requirement To Manufacture Under License Agreement for Intellectual Property Rights V. Safety Requirements a. Equipment FMVSS b. Considered Requirements c. Safety-Related Defects VI. Registration Requirements VII. Other Administrative Requirements a. Manufacturer Identification Requirements (49 CFR Part 566) b. Manufacturer Identifier c. Vehicle Identification Number (VIN) d. Certification e. Importation VIII. Labels and Other Consumer Disclosures a. Permanent Label b. Written Notice to Dealers and First Purchasers c. Temporary Label IX. Reporting X. Revocation of Registrations XI. Overview of Benefits and Costs XII. Effective Date XIII. Regulatory Notices and Analyses XIV. Public Participation I. Executive Summary The National Traffic and Motor Vehicle Safety Act (‘‘Safety Act’’) (49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 et seq.)) authorizes and directs the Secretary of Transportation (NHTSA by delegation) to prescribe Federal motor vehicle safety standards (FMVSS) to reduce traffic accidents and deaths and injuries resulting therefrom.1 Under section 30112(a) of the Safety Act, a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, any new motor vehicle or motor vehicle equipment unless the vehicle or equipment complies with all applicable FMVSS in effect on the date of manufacture. Pursuant to the Safety Act, NHTSA has issued FMVSS to protect the public against unreasonable risk of crashes occurring because of the design, construction, or performance of a vehicle and against unreasonable risk of death or injury in a crash. Some of the 1 The Secretary of Transportation has delegated the responsibility to promulgate regulations under 49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 et seq.) to NHTSA. See, 49 CFR 1.95. E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 FMVSS are ‘‘vehicle’’ standards that apply only to new completed vehicles as a unit and not to aftermarket components, some are ‘‘equipment’’ standards that apply to original and aftermarket items of equipment, and a few are both vehicle and equipment standards. Section 30115 of the Safety Act requires that the manufacturer or distributor of a motor vehicle or motor vehicle equipment subject to the FMVSS certify at delivery that the vehicle or equipment complies with all applicable FMVSS. The Safety Act provides limited authority to NHTSA to exempt motor vehicles from section 30112(a). Section 30113 authorizes NHTSA to exempt motor vehicles from a motor vehicle safety standard on a temporary basis and under tightly defined circumstances. Section 30114 sets forth ‘‘special exemptions’’ for motor vehicles and motor vehicle equipment from section 30112(a). Until the Fixing America’s Surface Transportation Act (FAST Act), exemptions under section 30114 were limited to those necessary for research, investigations, demonstrations, training, competitive racing events, show, or display. On December 4, 2015, Congress enacted the FAST Act (Pub. L. 114–94). Section 24405 of the FAST Act amended section 30114 of the Safety Act by, among other things, adding a subsection (b)(1)(A) that directs NHTSA by delegation to ‘‘exempt from section 30112(a) of this title not more than 325 replica motor vehicles per year that are manufactured or imported by a lowvolume manufacturer.’’ Section 30114(b)(1)(B) states that exemptions are available from FMVSS for motor vehicles (i.e., vehicle standards), but not from FMVSS for motor vehicle equipment (i.e., equipment standards).2 Under the delegation in 49 CFR 1.95 and pursuant to section 24405 of the FAST Act, NHTSA is proposing to adopt a regulation, 49 CFR part 586, and amend others to implement the lowvolume manufacturer replica vehicle program. The FAST Act contains specific procedural requirements for the registration of low-volume manufacturers, labeling of replica vehicles, reporting, and other matters 2 Using the above example, the FAST Act exempts the vehicle from meeting the FMVSS in effect on January 1, 2018 applying to passenger cars that are ‘‘vehicle’’ standards, such as the standards for braking systems, advanced frontal air bags, side impact head protection, ejection mitigation, roof crush resistance, fuel system crash integrity, and electronic stability control. The equipment used in the manufacture of a replica vehicle would still need to meet any applicable ‘‘equipment’’ standards in effect when the equipment was manufactured, such as those for lamps, glazing materials, and tires. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 related to the exemption program. To implement the program and the procedural mandates of the FAST Act, NHTSA is proposing a new Part 586 to set forth requirements for registration, labeling, providing consumer disclosures, submitting annual reports, and other requirements needed for the administration of the program. This NPRM also proposes changes to Part 565 to require manufacturers to encode specific information into each replica vehicle’s VIN, and to Parts 566 and 567 for manufacturer identification and vehicle certification, respectively. NHTSA highlights the following aspects of the replica vehicle exemption program. 1. Low-volume manufacturers registering for this program would be conditionally exempt from section 30112(a)’s prohibitions on manufacturing, selling, and importing noncomplying motor vehicles for 325 replica motor vehicles per year (‘‘covered replica vehicles’’) per manufacturer. The exemption for replica vehicles would be conditioned on the manufacturer complying with all requirements of the program.3 The covered replica vehicles would be exempt from complying with the ‘‘vehicle’’ standards in effect on the date of manufacture of the replica that apply to new vehicles of the replica’s type (e.g., passenger car, multipurpose passenger vehicle) and configuration, but would not be exempt from the ‘‘equipment’’ standards. That is, any equipment to which equipment standards apply that is installed on the covered replica vehicles would need to meet all applicable equipment standards in effect on the equipment’s date of manufacture. 2. NHTSA emphasizes that a replica vehicle manufacturer’s obtaining of an exemption from the FMVSS applicable to vehicles would have no effect on the manufacturer’s obligation under the Safety Act to recall and remedy its vehicles if they are found by the manufacturer or NHTSA to contain a defect that creates an unreasonable risk to safety. Further, in such instance, manufacturers of covered replica vehicles must comply with the requirements of 49 U.S.C. 30116 through 30120A relating to defect 3 If a manufacturer produces vehicles that do not qualify as replica vehicles, the vehicles would be non-exempt vehicles and would be required to comply with all applicable FMVSS. For example, NHTSA is proposing requirements to ensure that replica vehicles resemble the original vehicle. If a manufacturer submits design plans and NHTSA approves the registration, a deviation from those plans that results in vehicles that do not resemble the original would render those vehicles nonexempt. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 793 reporting and notification.4 In addition, the FAST Act specifies that a lowvolume manufacturer’s registration in the program may be revoked if the manufacturer fails to comply with requirements or if its vehicles are found to contain a safety-related defect or if the manufacturer engages in unlawful conduct that poses a significant safety risk.5 II. Background—Summary of Significant FAST Act Provisions On December 4, 2015, Congress enacted the FAST Act. Section 24405, ‘‘Treatment of Low-Volume Manufacturers,’’ provides a framework to exempt replica vehicles manufactured by low-volume manufacturers from certain vehicle safety standards. Section 24405 amends 49 U.S.C. 30114 by adding a new subsection.6 Section 30114(b)(1)(A) directs NHTSA to exempt ‘‘325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer’’ from 49 U.S.C. 30112(a). Under 49 U.S.C. 30112(a), a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title. The exemption, as provided in section 30114(b)(1)(B), is limited to the ‘‘Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment.’’ The FAST Act defines ‘‘low-volume manufacturer’’ at 49 U.S.C. 30114(b)(7)(A) as a manufacturer ‘‘whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.’’ The definition also specifically excludes persons who are registered as importers under 49 U.S.C. 30141. 4 49 U.S.C. 30114(b)(8). U.S.C. 30114(b)(5). 6 The FAST Act replica motor vehicle provision is not self-executing, i.e., the Secretary must take steps to implement it. The provision states that the Secretary (NHTSA by delegation) ‘‘shall exempt’’ the vehicles. Further, the provision requires lowvolume manufacturers to ‘‘register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate’’ in order ‘‘[t]o qualify for an exemption.’’ NHTSA is proposing to establish 49 CFR part 586 to set forth those determinations in order to implement the program. 5 49 E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 794 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules The Act defines ‘‘replica motor vehicle’’ at section 30114(b)(7)(B) as a motor vehicle produced by a lowvolume manufacturer that ‘‘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 further specifies that the replica motor vehicle must be ‘‘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 product configuration, trade dress, trademark, or patent rights.’’ To obtain an exemption, the FAST Act requires that a low-volume manufacturer, pursuant to section 30114(b)(2), ‘‘register with [NHTSA] at such time, in such manner, and under such terms that [NHTSA] determines appropriate’’ and requires that NHTSA establish terms to ‘‘ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under 49 U.S.C. 30141.’’ Under section 30114(b)(5), NHTSA has 90 days to review and approve or deny a low-volume manufacturer’s registration. If the agency determines that any such registration is incomplete, the agency has an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submission is incomplete, is deemed approved. Under section 30114(b)(5), NHTSA is authorized to revoke an existing registration based on a failure to comply with the requirements or a finding by the agency of a safety-related defect or unlawful conduct under this chapter that poses a significant safety risk. NHTSA must provide the registrant a reasonable opportunity to correct all deficiencies, if deemed correctable, at the sole discretion of NHTSA. An exemption granted by NHTSA may not be transferred to any other person, and expires at the end of the calendar year in which it was granted with respect to any volume authorized by the exemption that was not produced by the low-volume manufacturer. The Act directs NHTSA to maintain an up-todate list of registrants and a list of the make and model of motor vehicles exempted on at least an annual basis and publish such list in the Federal Register or on a website operated by NHTSA. The FAST Act requires, at section 30114(b)(3), that NHTSA require lowvolume manufacturers to affix permanent labels to the exempted motor VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 vehicles that identify the specified standards and regulations for which such vehicle is exempt from section 30112(a), state that the vehicle is a replica, and designate the model year such vehicle replicates. The provision also provides an option, under section 30114(b)(3)(B), for the agency to require low-volume manufacturers to deliver written notice of the exemption to the dealer and the first purchaser of the motor vehicle if the first purchaser is not an individual that purchases the motor vehicle for resale. Further, under section 30114(b)(3)(C), low-volume manufacturers ‘‘shall annually submit a report to [NHTSA] including the number and description of the motor vehicles exempted’’ under the exemption for replica vehicles and the list of exemptions described on the required label. Section 24405 of the FAST Act also exempts replica motor vehicles from 49 U.S.C. 32304, 32502, and 32902 and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). That is, replica motor vehicles will be exempt from passenger motor vehicle country of origin labeling requirements, bumper standards, average fuel economy standards, and vehicle labeling and safety rating disclosure requirements. Section 30114(b)(8) provides that aside from the express exemptions provided, manufacturers of replica motor vehicles ‘‘shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI’’ of title 49. The FAST Act also expressly states that ‘‘[n]othing shall be construed to exempt a registrant from complying with the requirements under sections 30116 through 30120A.’’ Sections 30116 through 30120A provide the requirements for defects and noncompliance reporting, notification and remedies. Section 30114(b)(9) states that nothing in section 30114(b) ‘‘shall be construed to preempt, affect, or supersede any State titling or registration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation.’’ Further, section 24405(b) of the FAST Act amends the Clean Air Act to provide a framework for replica motor vehicles (referred to as exempted specially produced motor vehicles) to be exempt from vehicle certification testing and vehicle emission control inspection and maintenance requirement.7 Among other requirements, the FAST Act 7 The exemption program is limited to light-duty vehicles and light-duty trucks. 42 U.S.C. 7525(a)(5)(H)(i). PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 directs manufacturers of replica motor vehicles to register with the Administrator of the Environmental Protection Agency and provides requirements for installing engines in exempted replica vehicles. III. NHTSA’s Proposed Replica Vehicle Program—Basics a. Overview NHTSA proposes the following provisions to implement the lowvolume manufacturer replica vehicle program. Comments are requested on all aspects of the proposal. The FAST Act contains specific definitions pertinent to the program and has numerous substantive and procedural requirements related to the exemption program. To implement the program and the procedural mandates of the FAST Act, we propose to establish Part 586 to specify definitions, procedural requirements for registration, labeling, consumer disclosures, submitting annual reports, and other matters needed for the administration of the program. This NPRM also proposes changes to Part 565 to require manufacturers to encode specific information into each replica vehicle’s VIN, and to Parts 566 and 567 for manufacturer identification and vehicle certification, respectively. b. Number of Exempted Vehicles Permitted Under the FAST Act, the exemption program is limited to ‘‘not more than 325 replica motor vehicles per year that are manufactured or imported by a lowvolume manufacturer’’ that registers with NHTSA.8 NHTSA has interpreted the FAST Act to allow NHTSA to grant each registered low-volume manufacturer exemptions to produce up to 325 replica vehicles per calendar year. c. Low-Volume Manufacturer Requirement Congress specified that replica vehicles must be ‘‘manufactured or imported by a low-volume manufacturer.’’ NHTSA interprets this to mean that the vehicles must be produced by a ‘‘low-volume manufacturer,’’ and that replica vehicles may only be imported by their fabricating low-volume manufacturer.9 This means that replica vehicles 8 See section 30114(b)(1) and (2). the statute to allow replicas to be produced by foreign manufacturers that do not qualify as low-volume manufacturers and then imported by low-volume manufacturers is contrary to Congress’s intent to create an exemption program designed to address the unique financial challenges small manufacturers face. 9 Interpreting E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 fabricated by a foreign low-volume manufacturer may only be imported by that specific registered low-volume manufacturer (and each low-volume manufacturer would be limited to importing 325 replica vehicles per year, regardless of the calendar year of manufacture).10 NHTSA interprets the FAST Act provision in the same way NHTSA has interpreted the hardship exemption provision in 49 U.S.C. 30113, i.e., as not authorizing the agency to grant hardship exemptions to entities that seek to import vehicles they did not produce.11 NHTSA believes interpreting section 24405 of the FAST Act in the same manner is appropriate because both provisions recognize that small manufacturers are faced with unique financial challenges in meeting the FMVSS and provide exemptions to alleviate this burden. Although the Safety Act includes importers in the definition of manufacturer,12 importers are not always treated the same as fabricating manufacturers. For example, fabricating manufacturers bear the primary responsibility for meeting the FMVSS and certifying to those standards. For this reason, NHTSA does not believe limiting the exemption to fabricating manufacturers is contrary to the statute. This proposed requirement would mean that an entity seeking to import replica motor vehicles could not register as a low-volume manufacturer of replica vehicles unless it is also the entity fabricating the replica vehicles. NHTSA’s interpretation ensures that small importers are not permitted to import replica vehicles that are manufactured by large foreign manufacturers. NHTSA requests comment on NHTSA’s interpretation. d. Vehicles Built in Two or More Stages NHTSA requests comment on whether the replica vehicle program should exclude vehicles manufactured in two or more stages. As discussed below, some of the requirements that NHTSA is proposing may be impossible to meet unless the replica vehicle is manufactured in a single stage. This exclusion would provide clarity to manufacturers and ensure that incomplete, intermediate, and final10 A low-volume manufacturer would not be permitted to import 326 replica vehicles into the U.S. in a single calendar year, regardless of whether those vehicles were fabricated over the course of two calendar years. 11 See letter to Mr. Bill Cox (March 24, 1997) available at https://isearch.nhtsa.gov/files/ kill.ztv.html. 12 49 U.S.C. 30102. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 stage manufacturers do not attempt to become low-volume manufacturers of replica vehicles and later, after expending resources, realize they cannot comply with all the procedural requirements. NHTSA seeks comment on excluding vehicles manufactured in two or more stages from the exemption program for the following reasons. First, NHTSA wishes to ensure replica vehicles are properly identified as replicas in their VINs, which could be a problem with replica vehicles manufactured in two or more stages. NHTSA’s proposed VIN requirements would stipulate that each replica vehicle must have the identification of its low-volume manufacturer and a designation that the vehicle is a replica encoded in its VIN. The VIN would also be required to indicate the make, model, and model year of the replicated vehicle. Those requirements could not be met by vehicles produced in two or more stages because under NHTSA’s VIN regulation, each vehicle manufactured in two or more stages has a VIN assigned by the incomplete vehicle manufacturer.13 The VIN of an incomplete vehicle may not be able to meet the proposed VIN requirements because the incomplete manufacturer may not know the make, model, and model year of the vehicle being replicated. NHTSA is proposing a requirement that replica vehicle VINs designate the vehicle as a replica, what year it was manufactured, what vehicle it intends to replicate, the year of the original vehicle, and the identification of the manufacturer responsible for certifying the vehicle’s compliance. Although that information may be provided on the certification label, including the information within the VIN provides an easier and more reliable way of verifying the characteristics of the vehicle. Including this information in the VIN and would also allow NHTSA to search its databases for crashes involving replica vehicles and better evaluate the safety of replica vehicles. Second, NHTSA does not believe that the replica program is conducive to the multi-stage manufacture of replica vehicles as a practical matter. The FAST Act emphasizes that the replica vehicle exemption program is designed for ‘‘low-volume manufacturers.’’ The program is set forth in section 24405 of the FAST Act, which is entitled, ‘‘Treatment of Low-Volume 13 49 CFR 565.13(a). See also 49 CFR 567.3 for definitions of ‘‘incomplete vehicle,’’ ‘‘incomplete vehicle manufacturer,’’ ‘‘final-stage manufacturer,’’ and other terms relevant to this discussion. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 795 Manufacturers.’’ The statute repeatedly describes the ‘‘exemption’’ as one for ‘‘low-volume manufacturers’’ and specifically exempts replica motor vehicles ‘‘that are manufactured or imported by a low-volume manufacturer.’’ NHTSA interprets this language to mean that if we were to permit the manufacture of replica vehicles produced in two or stages, each of the manufacturers, at all stages, would need to be a low-volume manufacturer. To our knowledge, incomplete vehicle manufacturers are typically not low-volume manufacturers. As a practical matter, therefore, it is likely that vehicles made in two or more stages would not qualify for the program because of the size of their manufacturer(s).14 As an alternative to excluding multistage manufacturing from the exemption program, NHTSA is considering allowing joint registration submissions from two or more manufacturers wishing to manufacture replica vehicles. This would allow an incomplete vehicle manufacturer, a final-stage manufacturer, and any intermediatestage manufacturers to jointly manufacture up to 325 replica vehicles annually. As a condition, however, any manufacturer with a joint registration would not be permitted to participate in the manufacture of any replica vehicles not covered by that registration. Under a joint registration program, the incomplete vehicle manufacturers would be required to code the information about the finished replica vehicle into its VIN. At the onset of manufacturing, the incomplete vehicle would know, as specified in the registration submission, the make, model, and model year of the vehicle the replica resembles. NHTSA requests comment on whether the replica vehicle exemption program should exclude vehicles made in two or more stages or allow those vehicles to be manufactured under joint registrations from the incomplete 14 NHTSA believes problems with program administration could also result if incomplete vehicle manufacturers do not need to be lowvolume manufacturers. NHTSA’s VIN regulation requires vehicles manufactured in one stage to have the type of vehicle and bus body information encoded into the VIN. For vehicles manufactured in two or more stages, the VIN only identifies the incomplete vehicle manufacturer. If the incomplete vehicle manufacturer were not a low-volume manufacturer and the vehicle was completed as a replica motor vehicle by a final-stage manufacturer which was registered as a low-volume manufacturer of replica vehicles, the replica vehicle’s VIN would not be encoded to identify the vehicle as a replica vehicle. This would be a problem because, as noted above, the replica vehicle information included in the VIN identifies what standards are applicable to the vehicle. E:\FR\FM\07JAP2.SGM 07JAP2 796 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules vehicle manufacturer, final-stage manufacturer and any intermediate manufacturers. Although NHTSA has concerns about administering the program to allow multi-stage manufacturing, NHTSA believes either proposals will ensure that Congress’s goal of limiting the exemption to 325 vehicles per manufacturer per year is not circumvented. IV. Relevant Definitions a. Low-Volume Manufacturer Section 30114(b)(7)(A) defines ‘‘lowvolume manufacturer’’ as: ‘‘a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.’’ NHTSA is proposing to use the term ‘‘replica motor vehicle manufacturer’’ in the proposed Part 586 rather than ‘‘lowvolume manufacturer’’ to identify the manufacturers exempted by Part 586 because the latter term is used and defined differently in several other NHTSA regulations. For example, ‘‘lowvolume manufacturer’’ is defined in the VIN regulation (Part 565) as a manufacturer of fewer than 1,000 vehicles of a given type. For proposed Part 586, the term ‘‘replica motor vehicle manufacturer’’ would be defined as a low-volume manufacturer that is registered as a replica motor vehicle manufacturer pursuant to the requirements in Part 586. The regulation would specify that ‘‘low-volume manufacturer’’ is defined in 49 U.S.C. 30114(b)(7). (Hereinafter in this NPRM, NHTSA will use the terms ‘‘replica motor vehicle manufacturer,’’ ‘‘replica manufacturer,’’ and ‘‘registrant’’ to mean a low-volume manufacturer that is registered under Part 586.) khammond on DSKJM1Z7X2PROD with PROPOSALS2 b. Replica Motor Vehicle Section 30114(b)(7)(B) defines ‘‘replica motor vehicle’’ as follows: A motor vehicle produced by a lowvolume manufacturer 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 product configuration, trade dress, trademark, or patent rights. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 NHTSA is proposing requirements that would provide clarifications to the definition. First, ‘‘replica motor vehicle’’ would be defined, in part, as a motor vehicle that is produced by a manufacturer meeting the definition of replica motor vehicle manufacturer under Part 586 that has not yet manufactured 325 replica motor vehicles in that calendar year. This emphasizes the limit of 325 vehicles. Second, we propose requirements that will ensure that a replica vehicle meets the requirement that it be intended to resemble the original vehicle. Third, we address the provision about the manufacture of the vehicle pursuant to certain agreements for the intellectual property rights associated with the original vehicle that is being replicated. The second and third aspects are discussed below. 1. Requirement To Resemble the Replicated Vehicle The FAST Act states that a replica vehicle is a vehicle that is ‘‘intended to resemble the body’’ of another motor vehicle that was manufactured at least 25 years before the replica. NHTSA is proposing requirements that replica manufacturers demonstrate objective manifestations of intent. To balance objectivity, feasibility, and enforceability, NHTSA is proposing a requirement that manufacturers submit documentation to support the assertion that the replica vehicle is intended to resemble the original. The documentation must demonstrate that the replica vehicle has the same length, width, and height as the original and must include images of the original vehicle and design plans for the replica vehicle. One way to ensure that a vehicle is intended to resemble another vehicle would be to require the measurements and shape of the replica motor vehicle body to be identical to those of the replicated vehicle. NHTSA has tentatively decided not to propose requiring replica vehicles to have the exact same specifications as the original vehicles. All of the specifications for the original may not be available and some adjustments may be necessary (e.g., to accommodate modern safety features). That being said, our research shows that information regarding the dimensions of popular car models is available. Therefore, NHTSA believes that requiring the replica vehicles to have the same height, width, and length of original would be a reasonable and objective requirement that would help ensure that replica vehicles are intended to resemble the replicated vehicle. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 In addition to the dimension and shape requirement, NHTSA is proposing a requirement that each replica vehicle have the same outward appearance or exterior as the original vehicle. This would mean that each replica must have the same body styling, shape, and exterior features as the original. Compliance with this requirement would be determined based primarily on the location, size, and shape of exterior features and the overall shape of the body of the vehicle. We interpret the Act’s reference to ‘‘body’’ to mean any part of the vehicle that is not part of the chassis or frame. Therefore, NHTSA interprets ‘‘body’’ to include, but not be limited to: The exterior sheet metal and trim, the passenger compartment, trunk, bumpers, fenders, grill, hood, interior trim, lights and glazing. In making this interpretation, NHTSA looked at, among other things, its concept of ‘‘body type’’ as defined at 49 CFR 565.12. ‘‘Body type’’ is defined as the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargocarrying features and the roofline (e.g., sedan fastback, hatchback). This definition helped NHTSA identify vehicle features and components that are part of the vehicle body. Because the definition includes reference to the shape of the vehicle as well as both exterior and interior features, NHTSA interprets the concept of ‘‘body’’ to include both exterior and interior characteristics. Although a replica vehicle must be the same body type as the original vehicle, merely replicating the number of doors and windows, cargo-carrying features, and the roofline is not sufficient. In each manufacturer’s annual report, the manufacturer would submit: Images of the original vehicle, images of the replica produced, and full and complete descriptive information, views, and arguments sufficient to establish that the replica motor vehicles, as manufactured, resemble the body of the original vehicle. Deviations in the appearance of the exterior would be considered carefully. While reasonable allowances would be made to accommodate safety equipment, NHTSA would consider any unjustified exterior changes (e.g., not for safety) as potential indications that the vehicle is not a replica. If a replica manufacturer wants to make deviations to the exterior of the vehicle to accommodate safety features, it would be required to highlight those deviations for NHTSA’s consideration. To be clear, the statute provides for the creation of an exemption program E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules designed to allow old models to be replicated in a less costly way for lowvolume manufacturers. It does not allow manufacturers to experiment with new motor vehicle designs or produce vehicles that do not resemble vehicles made not less than 25 years before the replica motor vehicle’s manufacture. As the statutory definition refers specifically to the ‘‘body’’ of the original vehicle, we propose that the interior of the replica vehicle does not need to ‘‘resemble’’ that of the original vehicle. NHTSA believes this approach would allow low-volume manufacturers to update the interiors to provide modern amenities and safety improvements. NHTSA does not interpret the resemblance or licensing provisions in the FAST Act as requiring replica vehicle manufacturers to obtain rights to put all logos and emblems that were on the original vehicle on the replica vehicle. Although separate from body styling, the logos and emblems are part of the distinctive external appearance of a vehicle. Whether vehicle logos and emblems are required to appear as part of the requirements to produce a vehicle that resembles an original vehicle is a separate concern from whether replica manufacturers are required to obtain licenses from rights holders to use the logos and emblems. NHTSA addresses intellectual property rights requirements in the next section. In this section, NHTSA requests comment on whether replica production under these requirements should mandate the use of the actual logos, emblems and vehicle model names that appear originally or if something less or different in this area should apply. To be clear, NHTSA is not proposing to require the use of vehicle logos and emblems as a requirement of resemblance under the statute at this time. NHTSA considered a provision requiring replica vehicles to resemble the body of the original vehicle not only cosmetically, but also with respect to the vehicle’s conformance with the ‘‘vehicle’’ FMVSS that applied to the original vehicle. This provision would require at a minimum, the replica vehicle’s body to include the safety features incorporated in the original vehicle to meet the vehicle FMVSS. The section titled ‘‘Considered Requirements’’ below discusses this further and the reasons NHTSA decided not to take this approach. Because we interpret ‘‘body’’ not to include chassis or frame components, the replica would not need to have the same engine, transmission or drive axles, or drive train as the original vehicle. For example, a replica vehicle could be a battery electric vehicle, while VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 the original vehicle was powered by an internal combustion engine. Further, we propose that the replica vehicle must resemble the body of another motor vehicle that was manufactured ‘‘for consumer sale’’ not less than 25 years before the manufacture of the replica motor vehicle. The provision ‘‘for consumer sale’’ is intended to make clear that the proposed replica vehicle exemption program does not apply to prototype or concept vehicles that were never sold to consumers. NHTSA intends to prevent the replication of prototypes because the vehicles were never intended for sale to the public. Further, a prototype would not be eligible for replication under this provision because the Safety Act defines motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.15 A prototype not intended for sale to the public does not meet the definition of a vehicle manufactured for use on public streets, roads, and highways. Therefore, as the FAST Act provision requires that the replica vehicle resemble another motor vehicle, a vehicle replicating a prototype would not qualify for the exemption provided by section 30114(b). NHTSA requests comment on the requirement for replica vehicles to have the same dimensions and outward appearance as the original vehicle and whether the logos and emblems from the original vehicle should be reproduced on each replica vehicle. We also seek comment on the requirement that manufacturers submit images of the both the original vehicle and design plans or images of a representative replica vehicle in the registration submission and requirement to submit images of the replica vehicle(s) in the annual report. 2. Requirement To Manufacture Under License Agreement for Intellectual Property Rights The FAST Act states that a replica motor vehicle ‘‘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 product configuration, trade dress, trademark, or patent rights.’’ NHTSA views this provision as requiring replica vehicles manufactured under this program to be licensed products. This 15 49 PO 00000 U.S.C. 30102(a)(7). Frm 00007 Fmt 4701 Sfmt 4702 797 means that the manufacturer must obtain all legal rights necessary to produce the replica vehicle from the original manufacturer, its successes or assignees, or current owner of such intellectual property rights. As is clear from the comprehensive listing of the type of rights that might apply in such an effort, while creating an exemption for replica manufacturers, Congress also sought to protect the rights of the original manufacturers and their successors. NHTSA is defining legal rights to be primarily based on the external appearance of the vehicle. Under the statute, replica manufacturers are defined as producing vehicles that are intended to resemble the body of another motor vehicle. NHTSA is not applying the definition to require that manufacturers also obtain rights associated with vehicle mechanics, electronic components or other interior aspects of a vehicle, unless implicated by the reproduction or otherwise necessary to ensure that the outward facing appearance of the replica vehicle resembles the original vehicle. While it is clear that such rights might exist, in our view, it is not necessary in most situations to obtain those rights for the purpose of producing a replica. However, we accept that some types of replica production may require intellectual property rights to components or other parts that are separate from the outward facing appearance of a vehicle. In this document, NHTSA is not identifying any specific intellectual property rights that must be obtained by a replica manufacturer. However, as noted above, the FAST Act includes a definition of replica vehicle that identifies specifically ‘‘product configuration, trade dress, trademark, or patent’’ as intellectual property rights that might be licensed from a current rights holder prior to production. Based on this, replica manufacturers should consider what intellectual property rights are needed for production and obtain such rights prior to seeking registration with NHTSA. For example, the FAST Act expressly includes trademarks as part of the rights that a manufacturer would obtain from an original manufacturer to produce a replica. Trademarks may cover vehicle make and model names or logos. Since NHTSA is requiring that replica manufacturers identify the original vehicle(s) it intends to replicate by make and model name and certify that the replica is intended to resemble and replicate the original, the manufacturer should consider whether it is necessary to obtain these rights. Certifying that a E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 798 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules vehicle is intended to resemble another vehicle could implicate intellectual property rights for trademarked, or otherwise protected, make or model names. However, NHTSA is not proposing any specific requirement at this time that replica manufactures affirmatively obtain these rights in connection with the manufacture of replica vehicles. NHTSA seeks comment on whether the replica vehicle manufacturer must obtain a license to use the original vehicle’s make and model names and reserves the right to add a requirement based on the nature of the comments received. NHTSA’s role is to ensure that the manufacturers who register under this program meet the statutory requirements set forth in the FAST Act. Although NHTSA will review registration applications, NHTSA will not determine what intellectual property is required to produce a replica vehicle. Manufacturers remain responsible for performing the due diligence necessary to determine what rights are needed, and to obtain relevant rights. In areas of dispute, where the rights of a replica manufacturer are questioned, NHTSA plans to allow general legal procedures to take place without involvement. That being said, NHTSA wants to ensure that manufacturers seeking registration under the statute have the legal basis to produce the replica vehicle. In order to protect rights holders and to mitigate the chance that lawsuits will emerge from this process, NHTSA is proposing that, when submitting its registration, manufacturers must provide a binding certification that attests that they can legally produce each replica vehicle model they propose to make. This requirement means that manufacturers must certify that they have determined the legal rights required and that they have obtained all licenses or permissions necessary to produce the replica vehicle. Applications that contain a missing or incomplete certification would be disapproved. In addition to the required certification, the manufacturer also must provide supporting documentation that sets forth a description of the types of intellectual property that are necessary to produce the replica vehicle, addressing the status of each of those rights. If the manufacturer has a license for particular rights, it should provide documentation to that effect. If intellectual property rights for the original vehicle are no longer protected, the manufacturer should include a statement briefly stating the basis for concluding that no license is required. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 As an example,16 a manufacturer seeking to replicate a Shelby Cobra must be able to state that it has the legal right to produce its distinctive body styling or explain why the body styling is no longer protected and provide support for this position. The information submitted also must address the fact that ‘‘Shelby’’ and ‘‘Cobra’’ are both trademarked and that permission may be required from both Carroll Shelby International and Ford Motor Company to manufacture the replica vehicle. As shown in the example above, the intellectual property of one vehicle may be owned by multiple individuals or entities. In those situations, licenses would need to be obtained from each one. NHTSA is also proposing clarifying an aspect of the requirement that replica motor vehicles be manufactured under licensing agreements for the intellectual property rights of the original vehicles. The statute is ambiguous concerning the treatment of current owners of intellectual property rights that wish to manufacture replica vehicles. That is, the statute could arguably be read to require license agreements even when the current owner of the intellectual property also intends to manufacture the replica vehicles. NHTSA believes this creates an unnecessary step for current rights holders and does not meet Congress’ intent with these requirements. Accordingly, NHTSA interprets the licensing requirement to apply only when a manufacturer intending to produce replica vehicles does not own the intellectual property rights to the original vehicle (which is being replicated). V. Safety Requirements a. Equipment FMVSS The FMVSS apply to motor vehicles and/or motor vehicle equipment that are manufactured on or after the effective date of the standard.17 The covered replica vehicles would be exempt from complying with the ‘‘vehicle’’ standards in effect on the date of manufacture of the replica that apply to new vehicles of the replica’s type (e.g., passenger car, multipurpose passenger vehicle) and configuration. However, equipment on a replica vehicle would not be exempt from the ‘‘equipment’’ standards in effect on the equipment’s date of 16 Please note that this example is provided for illustrative purposes only. The types of intellectual property rights discussed for the Shelby Cobra are not meant to be authoritative or exhaustive. It is merely provided as an example of some of the types of intellectual property rights a prospective replica manufacturer should look to when obtaining licenses to manufacture a replica. 17 49 CFR 571.7(a). PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 manufacture that apply to equipment items on or in the vehicle. Equipment to which an FMVSS applies must meet the applicable standard in effect on the equipment’s date of manufacture, regardless of whether it is installed on a conforming vehicle or a vehicle granted a replica vehicle exemption. Whether an FMVSS is a ‘‘vehicle’’ standard or an ‘‘equipment’’ standard is determined by the ‘‘Application’’ section of the standard. If vehicle types are listed in the section, such as ‘‘passenger cars, multipurpose passenger vehicle, trucks, and buses,’’ 18 the standard is considered a ‘‘vehicle’’ standard. If equipment items are listed in the section, the standard is an ‘‘equipment’’ standard.19 A standard that lists both motor vehicles and equipment items in its applicability section is considered both a vehicle and an equipment standard.20 Replica vehicles would be exempt from any standard or portion of a standard that applies only to vehicles. If an FMVSS that is both a vehicle and an equipment standard has requirements that apply to vehicles that are vehicle-specific, separate from requirements that apply to the equipment items, in NHTSA’s view the replica motor vehicles are exempt from the vehicle-specific requirements but the requirements applying to the motor vehicle equipment would continue to apply. For example, for FMVSS No. 108, ‘‘Lamps, reflective devices, and associated equipment,’’ while the replica vehicle would not need to comply with vehicle-specific requirements specifying where lamps must be placed on the vehicle, the replica vehicle’s lamps must meet the applicable portions of the standard that apply to lamps as equipment items on the date that the lamps were manufactured. Compliance with the vehicle portion of FMVSS No. 108 may be difficult or impossible when trying to produce a vehicle that resembles the appearance of an older vehicle, e.g., the number and/or location of headlamps and/or tail lamps on the replica might not meet the specifications of FMVSS No. 108. 18 See e.g., FMVSS No. 101, ‘‘Controls and displays,’’ S3, ‘‘Application.’’ 19 E.g., FMVSS No. 209, ‘‘Seat belt assemblies,’’ S2, ‘‘Application,’’ states: ‘‘This standard applies to seat belt assemblies for use in passenger cars, multipurpose passenger vehicles, trucks, and buses.’’ 20 E.g., FMVSS No. 205, ‘‘Glazing materials,’’ S3, ‘‘Application,’’ states, in relevant part: ‘‘This standard applies to passenger cars, multipurpose passenger vehicles, trucks, buses, motorcycles, slide-in campers, pickup covers designed to carry persons while in motor and low speed vehicles, and to glazing materials for use in those vehicles.’’ E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 Another notable standard that is both a vehicle and an equipment standard is FMVSS No. 208, ‘‘Occupant crash protection.’’ FMVSS No. 208 is mainly thought of as a vehicle standard requiring the installation of air bags and seat belts and specifying vehicle crash tests to evaluate the protective capabilities of those devices. However, section S9, ‘‘Pressure vessels and explosive devices,’’ applies to vessels designed to contain a pressurized fluid or gas, and to explosive devices, for use in covered motor vehicles as part of a system designed to provide protection to occupants in the event of a crash.21 If a replica motor vehicle has a pressure vessel or explosive device, it must meet the requirements of S9 of FMVSS No. 208. To assist the reader, the following is a list of current equipment FMVSS that would apply to motor vehicle equipment manufactured on today’s date for installation in replica motor vehicles 22 if the program were in place today: FMVSS No. 106, Brake hoses; FMVSS No. 108, Lamps, reflective devices, and associated equipment; FMVSS No. 109, New pneumatic and certain specialty tires; FMVSS No. 110, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less; FMVSS No. 116, Motor vehicle brake fluids; FMVSS No. 117, Retreaded pneumatic tires; FMVSS No. 119, New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles; FMVSS No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds); FMVSS No. 125, Warning devices; FMVSS No. 129, New non-pneumatic tires for passenger cars; FMVSS No. 139, New pneumatic radial tires for light vehicles; FMVSS No. 205, Glazing materials; 21 49 CFR 571.208, S9. are the FMVSS applying now to equipment only and to both vehicles and equipment. This list is provided here for illustration purposes only and not for purposes of establishing compliance. The list is also subject to change and/ or correction. Manufacturers are responsible for ensuring the compliance of their vehicles and/or equipment with all applicable FMVSS and for keeping current with the FMVSS that apply to their vehicles and/or equipment. 22 These VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 FMVSS No. 208, Occupant crash protection, for pressure vessels and explosive devices; FMVSS No. 209, Seat belt assemblies; FMVSS No. 213, Child restraint systems; FMVSS No. 218, Motorcycle helmets; FMVSS No. 223, Rear impact guards; FMVSS No. 304, Compressed natural gas fuel container integrity; and FMVSS No. 403 Platform lift systems for motor vehicles. b. Considered Requirements In drafting this proposed rulemaking, NHTSA considered adding requirements to ensure that replicas provide a minimum level of vehicle safety beyond the performance of discrete equipment items. At this time, NHTSA is not proposing any additional safety requirements, but comments are requested to inform future agency action. One considered approach would require replica vehicles to resemble the body of the original vehicle not only cosmetically, but also with respect to the safety designs and components incorporated into the body of the original vehicle to meet the vehicle FMVSS applying to that original vehicle. Features that meet a more current version of a standard would also be permitted under this approach.23 The language of the FAST Act directs NHTSA to exempt covered replica vehicles but to limit that exemption only to the current ‘‘vehicle’’ FMVSS that apply today to contemporary, newly completed vehicles. The Act defines ‘‘replica motor vehicle’’ in relevant part,24 as ‘‘a motor vehicle produced by a low-volume manufacturer and that . . . 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.’’ The agency is considering whether replica vehicles should be required to resemble the body of the original vehicle not just superficially but also structurally with respect to designs that met the vehicle FMVSS applying to the original, but is not proposing to do so at this time. c. Safety-Related Defects NHTSA emphasizes that a replica vehicle manufacturer’s obtaining of an exemption from the FMVSS applicable to vehicles would have no effect on the manufacturer’s obligation under the 23 Note that, as explained above, regarding equipment items for which an FMVSS applies, the replica vehicle would be required to have the equipment that met the equipment FMVSS when it was manufactured. 24 49 U.S.C. 30114(b)(7)(B). PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 799 Safety Act to recall and remedy its vehicles if they are found by the manufacturer or NHTSA to contain a defect that creates an unreasonable risk to safety. Further, in such instance, manufacturers of covered replica vehicles must comply with the requirements of 49 U.S.C. 30116 through 30120A relating to defect reporting and notification. In addition, the FAST Act specifies that a lowvolume manufacturer’s registration in the program may be revoked if the manufacturer fails to comply with requirements or if its vehicles are found to contain a safety-related defect or if the manufacturer engages in unlawful conduct that poses a significant safety risk. VI. Registration Requirements This NPRM proposes requirements to implement the amendments made by section 24405 of the FAST Act to 49 U.S.C. 30114. Each manufacturer wishing to manufacture replica motor vehicles under this program must register, according the requirements in Part 586, as a replica motor vehicle manufacturer for the calendar year in which the replica motor vehicle is manufactured. Under 49 U.S.C. 30114(b)(2), low-volume manufacturers must be registered ‘‘[t]o qualify for an exemption.’’ NHTSA would determine whether a manufacturer is eligible and permitted to manufacture replica motor vehicles based on the information the manufacturer provides in its registration documents. We propose that manufacturers would register using the NHTSA Product Information Catalog and Vehicle Listing (vPIC) platform (https://vpic.nhtsa.dot.gov/). We request comment on whether submissions should be allowed to be submitted by mail as well. We propose that manufacturers must submit information sufficient to establish that their annual world-wide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles, and a statement certifying to that effect, including the total number of motor vehicles produced by or on behalf of the registrant in the 12-month prior to filing the registration. NHTSA proposes requiring that each manufacturer provide information, in its registration submission, about the replica vehicle it intends to manufacture, including a statement identifying the original vehicle(s) the manufacturer intends to replicate by make, model, and model year. The manufacturer must submit images of the E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 800 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules front, rear, and side views of the original vehicle’s exterior. The manufacturer would also need to provide documents showing that it has obtained the intellectual property rights to produce the replica vehicle, documents to support that it has done so, and a statement certifying to that effect. Proof of such rights could be shown by furnishing 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 the current owner of such product configuration, trade dress, trademark, or patent. As discussed above this documentation could also include a statement as to why obtaining licenses for certain intellectual property is not required. The manufacturer would also need to certify that it will not manufacture more than the number of replica motor vehicles covered by the requested exemption, a number not more than 325 replica motor vehicles in a calendar year. NHTSA interprets this limitation to mean that a manufacturer is limited to 325 replica vehicles, regardless of whether it is manufacturing replicas of different makes and models of vehicles. NHTSA also interprets this limitation to apply to manufacturers under common ownership. For example, if a parent company or individual owns two lowvolume manufacturers, the 325-limit would apply to all manufacturers under common ownership. Each low-volume manufacturer would not be permitted to manufacture 325 replicas. Instead, the two manufacturers under common ownership would need to submit one registration submission and collectively cannot manufacture more than 325 replica vehicles in any given calendar year. NHTSA interprets the statute this way to ensure that the 325-replica limit set by Congress is not circumvented. Further, the manufacturer would need to submit information required by other administrative regulations, including all information required by 49 CFR part 566 to identify itself to NHTSA as a replica motor vehicle manufacturer (see below for proposed amendments to Part 566), VIN-deciphering information required by 49 CFR part 565, and a designation of a permanent resident of the United States as its agent for service of process if the manufacturer is not located in the United States (49 CFR part 551, subpart D). (NHTSA does not believe that any changes to the regulation at 49 CFR part 551, subpart D for manufacturers of replica motor vehicles are needed.) 49 U.S.C. 30114(b)(5) specifies that NHTSA has 90 days to review and approve or deny a registration. This new VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 subsection also provides an additional 30 days if the registration is determined to be incomplete. We anticipate setting up the program so that registration under Part 586 on the vPIC portal provides an acknowledgment of receipt of the registration to the manufacturer when the registration is submitted. As some of the information will be provided by the manufacturer in attachments, NHTSA will review the submission, including attachments, within 90 days of acknowledging receipt to ensure that the registration is complete. If the registration is incomplete, NHTSA will inform the manufacturer that the registration is incomplete via email. NHTSA is proposing to give manufacturer 60 days from the date of NHTSA’s email to submit the necessary information to complete the registration. If the necessary information is not submitted within 60 days, the registration will be denied. NHTSA requests comment on whether this 60-day period to respond is appropriate. The manufacturer may resubmit the denied registration (presumably, the resubmitted registration will include the information NHTSA identified as missing from the prior application) but the 90-day clock will reset.25 A manufacturer may submit additional information to supplement its registration per NHTSA’s notification of an incomplete registration (within 60 days of receipt of such notice), or may submit additional information on its own initiative. In these instances, NHTSA will have 30 additional days to review the amended registration. That is, these 30 days will be added to any remaining days from the initial 90-day review period. If the submission is still incomplete, NHTSA will deny the registration. On receipt of a complete registration, NHTSA will review and approve or deny the registration. 49 U.S.C. 30114(b)(5) states that any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, shall be deemed approved. We propose that a low-volume manufacturer is not considered registered with NHTSA unless the manufacturer receives confirmation from NHTSA that its registration is approved. A manufacturer whose registration is not approved or denied within the allotted time, who believes 25 Repetitious incomplete or inadequate registrations will be denied. For example, if a manufacturer submits the same, previously-denied registration in identical form a second time, NHTSA may deny it without going through the step of asking for more information. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 its registration is thus deemed approved, must obtain confirmation of the approval from NHTSA. When NHTSA confirms the approval, NHTSA would add the manufacturer to the upto-date list of registrants. The reason for requiring that manufacturers obtain confirmation of approvals in the circumstances describe above is to better safeguard the integrity of the exemption program against confusion and fraud. This approach would avoid situations in which a manufacturer might assume its registration was deemed to be approved when in fact it was never received by NHTSA. An up-to-date list of registrants will show the ‘‘deemed to be approved’’ registrants, and the confirmation process better establishes a means of communication between NHTSA and the manufacturer to achieve this end. The list will be important to enable members of the public to check whether the low-volume manufacturer they are dealing with in fact qualifies for an exemption under this replica vehicle program and which vehicles are covered by the exemption. The list will also provide NHTSA with a strong enforcement mechanism to monitor if manufacturers are lawfully presenting themselves as registrants and to check which vehicles they are offering for sale, a mechanism that would better ensure that only vehicles covered by approved and deemed to be approved registrations are being manufactured and sold. NHTSA is proposing that, in the case that a registration is deemed approved, NHTSA may request additional information from a ‘‘deemed approved’’ replica manufacturer when the registration submission is incomplete or does not meet the requirements in the new Part 586. NHTSA is proposing that, when notified of the submission’s shortcomings, the manufacturer would have 60 days to submit information to correct and/or complete the registration. If the manufacturer fails to submit the requisite information, NHTSA may revoke the registration. NHTSA requests comment on requirement for ‘‘deemed approved’’ replica manufacturers to respond within 60 days. NHTSA also requests comment on what actions NHTSA should take in regards to revoking a ‘‘deemed approved’’ replica manufacturer. For purposes of this NPRM, NHTSA is proposing to revoke a registration if the manufacturer fails to respond within the allotted time. At NHTSA’s discretion, additional time may be provided if the deficiencies of the registration are deemed correctable. And, consideration would be provided for the length of time that NHTSA took to identify the E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules deficiency and the extent that the manufacturer should have been aware that the registration did not comply with the requirements. 49 U.S.C. 30114(b)(5) specifies that NHTSA has the authority to revoke a registration based on a failure to comply with requirements or a finding of a safety-related defect or unlawful conduct. Section 30114(b)(5) also states that an exemption granted to a low-volume manufacturer may not be transferred to any other person, and expires at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the manufacturer to vehicles built during that calendar year. NHTSA understands 49 U.S.C. 30114(b)(5) to address the vehicles that could have been made under an exemption in a calendar year but which were not, and not as requiring that manufacturers must re-register (renew their registrations) annually. NHTSA has tentatively decided that registrants may carry forward their registration by informing NHTSA in an annual report (discussed below) of their intent to continue manufacturing the vehicles covered by the approved registration, and need not formally re-register annually at the end of the calendar year concerning those covered vehicles. If an approved replica manufacturer wishes to manufacture a different replica vehicle or make modifications to a replica covered by an existing registration, the registrant must submit an update to their existing registration with all necessary supporting documentation. 49 U.S.C. 30114(b)(5) specifies that NHTSA must maintain an up-to-date list of registrants and a list of the make and model of exempted motor vehicles on at least an annual basis and publish such list in the Federal Register or on a website operated by NHTSA. We anticipate posting such a list on NHTSA’s website where it can be easily accessed and updated. does not supplant the vehicle’s type for application of FMVSS. The manufacturer of a replica vehicle would determine which standards the replica vehicle is exempt from by looking at the standards for a vehicle of that body type and the VIN and certification labels would reflect that the vehicle is a replica of a specific body type (e.g., replica passenger car). In addition, NHTSA is proposing to update 26 § 566.5 to indicate that the required information for all manufacturers may either be submitted via mail or the vPIC portal.27 Replica motor vehicle manufacturers, however, would be required under § 586.6 to submit the required Part 566 information via vPIC. Due to the potential for delay when filing outside the vPIC portal, either due to errors or delivery delays, most, if not all Part 566 manufacturer identification entries are currently being submitted on vPIC. VII. Other Administrative Requirements NHTSA’s regulations at 49 CFR part 565 require, among other things, a motor vehicle manufacturer to assign each motor vehicle manufactured for sale in the United States a 17-character VIN that uniquely identifies the vehicle. Under regulations administered by NHTSA, a vehicle identification number is ‘‘a series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identification purposes.’’ (49 CFR 565.12(r)). a. Manufacturer Identification Requirements (49 CFR Part 566) NHTSA is proposing an amendment to Part 566 to list replica motor vehicles among the types of vehicles manufactured. Manufacturers who have already submitted information under Part 566 would be required to update their information as required by § 566.6 before manufacturing replica vehicles. The addition of replica motor vehicles to the types of vehicles is merely for identifying the vehicle as a replica and VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 b. Manufacturer Identifier Replica motor vehicle manufacturers would need to obtain a manufacturer identifier in this program, like other manufacturers are currently required to do. Currently, a manufacturer that intends to manufacture motor vehicles for sale or introduction into interstate commerce in the United States must obtain a manufacturer identifier from SAE International. The manufacturer identifier is incorporated into the vehicle’s VIN (see section below). NHTSA has a contract with SAE International to assign manufacturer identifiers to manufacturers in the United States. Manufacturers would contact SAE International directly (and not NHTSA) to request the assignment of a manufacturer identifier. They would do so by telephoning 724–772– 8511 or by writing to: SAE International, 400 Commonwealth Avenue, Warrendale, PA 15096, Attention: WMI Coordinator. c. VIN 26 The existing address in this section is an outof-date address for NHTSA. 27 https://vpic.nhtsa.dot.gov/. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 801 VINs serve a variety of public safety purposes. One of the original purposes of the VIN requirements was to enhance public safety by deterring vehicle theft based on the assumption that drivers of stolen vehicles are more likely to operate those vehicles unsafety and thus be involved in vehicle crashes.28 The current VIN system continues to serve this purpose and, as stated in Part 565, also serves ‘‘to increase the accuracy and efficiency of vehicle recall campaigns.’’ 29 The VIN has also become the key identifier in data systems that track such things as compliance with Federal importation regulations, vehicle registrations, insurance coverage, and motor vehicle crashes. Entities that today utilize VINs in data systems include NHTSA, state motor vehicle departments, law enforcement agencies, insurance companies, organizations involved in motor vehicle research, and manufacturers.30 NHTSA has considered whether changes are required to the regulations at 49 CFR part 565 for replica motor vehicles. The first section of the VIN (positions 1–3) uniquely identifies the manufacturer and type of the motor vehicle if the manufacturer is a highvolume manufacturer. If the manufacturer is a low-volume manufacturer, positions one through three along with positions twelve through fourteen in the VIN must uniquely identify the manufacturer and the type of the motor vehicle. The manufacturer identifier occupies the first three characters of the VIN for manufacturers that produce 1,000 or more vehicles of a specified type within a model year, and positions 1, 2, 3, 12, 13, and 14 of VINs assigned by manufacturers that produce less than 1,000 vehicles of a specified type of motor vehicle per model year. Because this proposal would create a new vehicle type for replica motor vehicles in Part 565 and each manufacturer is limited to manufacturing 325 replica vehicles per year, all manufacturers of replica vehicles would need to obtain new manufacturer identifiers that contain six characters. Therefore, even existing manufacturers who are manufacturing passenger cars would need to obtain new manufacturer identifier to manufacture replica passenger cars. However, the same identifier could be used for manufacturing different vehicle types. The vehicle type of the replica vehicles (e.g., passenger car, MPV) would be 28 73 FR 23367–01, September 30, 2008. CFR 565.10. 30 73 FR 23367–01, September 30, 2008. 29 49 E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 802 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules indicated in positions four through eight. The second section of the VIN (positions 4–8) is known as the ‘‘Vehicle Descriptor Section.’’ This section contains information on vehicle attributes, which vary based on the vehicle’s type classification (i.e., passenger car, multipurpose passenger vehicle, truck, bus, trailer, motorcycle, low speed vehicle). The third section (position 9) is a check digit, used to determine whether the remainder of the VIN is properly configured. The fourth section (positions 10–17) contains a variety of information. Position 10 represents the vehicle’s model year. NHTSA interprets model year for the purposes of this replica vehicle program as the calendar year in which the vehicle was manufactured, and not, in the case of replica motor vehicles, the year the vehicle being replicated was originally manufactured. While these vehicles will be exempt from vehicle FMVSS, this information will be important for enforcement purposes. As discussed below, NHTSA is also required to include reporting requirements in this regulation, and NHTSA has proposed requirements that distinguish the year of manufacture from the year the replicated vehicle was manufactured. Position 11 is the plant code, assigned by the manufacturer and reported to NHTSA. For manufacturers of replica motor vehicles, positions 12–14 will be the remainder of the manufacturer identifier, which, with the characters in positions 1–3 of the VIN, uniquely identify the manufacturer and vehicle type for manufacturers that produce less than 1,000 vehicles of that type per model year. Positions 15–17 are the numbers sequentially assigned by the manufacturer during the production process. NHTSA is proposing to amend the second section (Vehicle Descriptor Section), positions 4–8, of the VIN to include specific vehicle attributes for replica vehicles. Within positions 4–8, the manufacturer must identify, in addition to the attributes specified in table I of Part 565 for the vehicle’s type classification (i.e., passenger car, multipurpose passenger vehicle, truck bus) that the vehicle is a replica. This information would be important to NHTSA for tracking the safety of the replica motor vehicles and for other purposes. It also may be desirable to the States, which are permitted to regulate these vehicles under the provisions of the FAST Act. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 NHTSA is also proposing amendments to Table I of § 565.15 which would require replica manufacturers to encode the make, model, and model year of the original replicated vehicle into the replica vehicle’s VIN. NHTSA is requesting comment on the proposed VIN requirements for replica motor vehicles. d. Certification Section 30114(b)(3)(a) directs NHTSA to require low-volume manufacturers to affix permanent labels to the exempted vehicles that identify the specified standards and regulations for which the vehicle is exempt, states that the vehicle is a replica, and designates the model year such vehicle replicates. NHTSA considered whether the label should be conspicuous or whether it should be in the same location as the certification labels required under 49 CFR part 567. While NHTSA believes that consumers should be provided a conspicuous warning label, NHTSA believes that aim is better accomplished by a requirement that manufacturers affix a temporary label, as discussed below. To satisfy the requirement to have a permanent label, NHTSA is proposing requirements similar to those for certification labels that are required under 49 CFR part 567. NHTSA believes these labels will provide necessary information about the safety of the replica vehicle without detracting from the customer experience. NHTSA requests comments regarding the permanent label’s placement and content requirements. 49 CFR part 567 includes permanent labeling requirements for motor vehicles to implement the certification requirements of 49 U.S.C. 30115. This NPRM proposes amendments to Part 567 to include a specific provision for certifying replica vehicles. Most of the requirements would be the same as those for non-replica vehicles. For example, NHTSA is first proposing that § 567.4(a) be amended to include ‘‘replica motor vehicles’’ in the list of vehicles that are exempt from those requirements. Section 567.3 would be amended to include a definition of ‘‘replica motor vehicles’’ as discussed above. Next, new requirements for replica motor vehicles would be added in a similar format to the existing requirements. NHTSA is proposing to include the requirements in a new § 567.8. Many of the requirements would be the same or similar to those for other vehicles, such as the location on the vehicle where the label is to be affixed, as well as the contents of the label, including PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 manufacturer name, month and year of manufacture, VIN, GVWR, vehicle type classification, and gross vehicle and gross axle weight ratings. However, as amended by the FAST Act, 49 U.S.C. 30114(b)(3)(A) specifies that NHTSA shall require low-volume manufacturers to affix a permanent label to motor vehicles produced pursuant to a replica vehicle exemption. The label must identify the specified standards and regulations from which the replica vehicle is exempt under 49 U.S.C. 30112(a), state that the vehicle is a replica, and designate the model year such vehicle replicates. NHTSA is proposing that the requirements for permanent labeling be incorporated into the requirements for certification labels under 49 CFR part 567. NHTSA is proposing to incorporate the permanent label requirements for replica motor vehicles in the certification section to avoid duplicative requirements. Details of the proposed permanent label requirements are discussed in a section below. e. Importation of Replica Motor Vehicles Imported replica vehicles will be subject to requirements in Part 591, Importation of Vehicles and Equipment Subject to Federal Safety, Bumper and Theft Prevention Standards. Section 591.5, Declarations required for importation, requires importers to file declarations and documentations with U.S. Customs and Border Protection at the time vehicles or items of motor vehicle equipment are imported. Consistent with NHTSA’s treatment of vehicles that are subject to exemptions under Part 555, Temporary Exemption from Motor Vehicle Safety and Bumper Standards, replica vehicles will be permitted to be imported pursuant to 49 CFR 591.5(b). This means that importers will mark box ‘‘2A’’ on NHTSA’s HS– 7 declaration form, Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety, Bumper when importing a replica motor vehicle. NHTSA requests comment on whether the agency should amend 49 CFR 591.5 to provide clarity and include specific language that states that replica vehicles may be imported pursuant to a declaration under 49 CFR 591.5(b). VIII. Labels and Other Consumer Disclosures a. Permanent Label As amended by the FAST Act, 49 U.S.C. 30114(b)(3)(A) specifies that NHTSA shall require low-volume manufacturers to affix a permanent label to motor vehicles produced pursuant to E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules a replica vehicle exemption. NHTSA is proposing that the requirements for replica labeling be incorporated into the requirements for certification labels under 49 CFR part 567 because Part 567 includes permanent labeling requirements for motor vehicles pertaining to certification to the FMVSS. Part 567 currently requires manufacturers to certify that the vehicle conforms to all applicable FMVSS. This NPRM proposes a different statement for replica vehicles. For replicas, the label would state that the vehicle is a replica, and designate the model year such vehicle replicates. The label would state that the vehicle is exempt from FMVSS that apply to a vehicle of its type and include a list of all vehicle FMVSS and regulations the vehicle does not meet. khammond on DSKJM1Z7X2PROD with PROPOSALS2 b. Written Notice to Dealers and First Purchasers The FAST Act permits NHTSA to require registrants to provide ‘‘written notice of the exemption’’ to dealers and first purchasers of replica vehicles.31 Accordingly, NHTSA proposes to require a written disclosure to dealers and first purchasers of these vehicles which would consist of a list of the FMVSS and regulations from which the vehicle is exempt. To better inform consumers, NHTSA is proposing that the manufacturers provide a ‘‘purpose’’ statement for each standard and regulation from which the vehicle is exempt. The purpose statement would assist consumers in understanding the safety implications of the exemptions. NHTSA has proposed purpose statements for each of the standards and regulations covered by the replica vehicle exemptions for inclusion in a table to Part 586. NHTSA is proposing using slight revisions of the existing ‘‘purpose’’ statements set forth at the beginning of each NHTSA regulation and standard in the CFR. NHTSA is asking for comments about whether the statements are easy to understand. The agency also requests comment on whether the table is needed or desirable. Registrants could research the CFR and provide the purpose statements on their own without NHTSA’s intervention and without the need for NHTSA to conduct rulemaking to amend the table as necessary. c. Temporary Label To draw the potential purchaser’s attention to the written disclosure and to better inform consumers about the safety implications of their purchasing decisions, NHTSA is proposing a requirement that each replica vehicle 31 49 U.S.C. 30114(b)(3)(B). VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 have a temporary label on the dashboard or steering wheel hub, similar to the temporary air bag warning required by 49 CFR 571.208 S4.5.1(e) when the vehicle is offered for sale. NHTSA is proposing that the label conform to the color and size requirements of 49 CFR 571.208 S4.5.1(e)(1)(i) and (ii), and include the following statement in at least 20-point font: ‘‘This motor vehicle does not conform to all applicable Federal motor vehicle safety standards. Refer to the written disclosures provided for further information.’’ Comments are requested on whether there are more effective means of warning consumers about the replica vehicles’ nonconformance with the applicable FMVSS, such as whether the warning should also be provided on advertisements and other marketing materials for the vehicles. NHTSA also requests comment on the appropriate minimum lettering size for the temporary warning label. Specifically, NHTSA requests comment on whether the requirement that the warning statement be in 20-point font or larger is appropriate to ensure legibility and conspicuity. IX. Reporting Under 49 U.S.C. 30114(b)(3)(C), NHTSA must require replica manufacturers to submit an annual report providing the number and description of motor vehicles exempted as replica motor vehicles, including a list of the exemptions included on the mandatory label described above. Because of this requirement, NHTSA is proposing to specify that ‘‘replica model year’’ for replica motor vehicles must correspond to the calendar year in which the replica was manufactured. This would differ from ‘‘Original model year of a replicated vehicle,’’ which would be the year in which the vehicle being replicated was originally manufactured. NHTSA is also proposing that annual reports must be submitted within 60 days of the end of the calendar year. Because these vehicles would be produced in limited quantities, NHTSA believes that the information for the report could be entered after each vehicle is manufactured and that meeting a 60-day deadline for submitting the report at the end of the calendar year is therefore reasonable. NHTSA is proposing to require that annual reports include: —Manufacturer’s legal name; —Manufacturer’s address and phone number and email address; —The calendar year for which the annual report is submitted (replica model year) and the total number of PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 803 replica vehicles manufactured during that year. —List of the different versions of replica motor vehicles produced by make, model, and original model year of replicated vehicle. —List of the FMVSS and regulations from which each version of replica vehicle (by make, model, and original model year of replicated vehicle) is exempt. —Images of the front, rear, and side views of the original vehicle(s) replicated, of both the vehicle’s exterior, and images of the same views of a representative replica manufactured to resemble each original vehicle. —Full complete descriptive information, views, and arguments sufficient to establish that the replica motor vehicles, as manufactured, resemble the body of the original vehicle; —The complete Vehicle Identification Number (VIN) of each replica vehicle manufactured. —Statement as to whether the replica vehicle contains any of the following vehicle safety features: Æ Air bags Æ Seat belts Æ Advanced safety systems/passive safety systems (listed w/locations) Æ Electronic Stability Control Æ Rear visibility camera system Statement of whether to the registrant will be manufacturing the same replica motor vehicle(s) in the next calendar year and if so, how many vehicles it will be manufacturing.32 If the manufacturer intends to continue manufacturing replica motor vehicle(s), the manufacturer must also submit information sufficient to establish that their annual world-wide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles, and a statement certifying to that effect, including the total number of motor vehicles produced by or on behalf of the registrant in the 12-month prior to filing the registration. NHTSA is proposing that the annual report must be submitted using the NHTSA Product Information Catalog and Vehicle Listing (vPIC). The website 32 Section 30114(b)(5) states that an exemption shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year. NHTSA has tentatively decided not to require manufacturers to re-register (renew their registrations) annually, but instead may carry forward their registration by informing NHTSA in the annual report of their intent to continue manufacturing the vehicles covered by the approved registration. E:\FR\FM\07JAP2.SGM 07JAP2 804 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules would be updated to accommodate the submission of the annual replica vehicle reports. NHTSA believes that the use of the online portal would be less burdensome than requiring manufacturers to submit their annual reports by mail. Online submission of the annual reports would also assist NHTSA in complying with the FAST Act requirement that NHTSA maintain a list of manufacturers of replica motor vehicles and the make and model of exempted vehicles being produced. NHTSA intends to maintain this list on its website as allowed by new subsection (b)(5) added to 49 U.S.C. 30114 by Sec. 24405(a) of the FAST Act. NHTSA requests comments on whether vPIC should be mandated for annual reports or whether manufacturers should have the option of sending them by mail. NHTSA is proposing requiring a list of the complete VINs of all replica vehicles to be included in the annual report. This requirement will assist NHTSA in enforcing the annual limit of 325 replica vehicles per manufacturer. And, as manufacturers already maintain lists of all VINs manufactured in a given year, the burden should be very minimal.33 X. Revocation of Registrations New subsection (b)(5) added to 49 U.S.C. 30114 by Sec. 24405 of the FAST Act specifies that NHTSA has the authority to revoke a registration ‘‘based on a failure to comply with requirements set forth in this subsection [of the FAST Act] or a finding by the Secretary of a safety-related defect or unlawful conduct under this chapter that poses a significant safety risk.’’ NHTSA is including this provision in the proposed Part 586 regulation.34 NHTSA would like to emphasize that revocation of registrations is not NHTSA’s only means of enforcement. NHTSA’s defect and recall authority under 49 U.S.C. 30116 through 30120A continues to apply. XI. Overview of Benefits and Costs NHTSA has developed a Preliminary Regulatory Evaluation (PRE) that discusses the potential costs, benefits and other impacts of this regulatory action. The PRE is available in the docket for this NPRM and may be obtained by downloading it or by contacting Docket Management at the address or telephone number provided at the beginning of this document. The table below provides a summary of the various benefits and costs that may accrue from this rule, as well as the various factors that define the range of possible outcomes. TABLE 1—RANGES OF OUTCOMES FOR BENEFIT AND COST CATEGORIES Element Benefits: Incremental consumer surplus Incremental fatalities, injuries and property damage. Innovation ................................. Incremental pacts. employment im- Costs: Mitigated compliance costs ...... khammond on DSKJM1Z7X2PROD with PROPOSALS2 Incremental fuel use ................ Reporting costs ........................ Low case High case Not estimated: Incremental consumer surplus would be low if substitutes such as luxury sports cars and kit cars are viable alternatives for consumers. Estimated: Fatalities would be lower if: Voluntary compliance with safety standards is high; production of replicas is on the low end; and VMT by replicas is also low. Not Estimated: Fatalities will be lower if replicas primarily function as a substitute for kit cars. Not Estimated: The proposed rule is primarily used to replicate old technology. Not estimated: If replicas manufactured under the rule differ greatly in price and/or transaction cost from luxury sports cars and kit cars— thus behave more like a unique product—incremental consumer surplus could be high. Not Estimated: Job losses from contractors and small businesses that assemble kit cars are around or equal to the job gains for small replica manufacturers. Estimated: Captures the cost of installing required safety technologies on an average modern car. Not Estimated: Reflects low VMT Estimated: Reflects low bound of production. 33 Although manufacturers keep lists for business purposes, it is also required by 49 CFR part 573, Defect and Non-Compliance Responsibility and Reports. 34 As stated in section 30114(b)(8), a low-volume manufacturer shall be considered a motor vehicle manufacturer for purposes of Title 49 subtitle VI parts A and C except as expressly provided. Therefore, replica manufacturers are subject to the VerDate Sep<11>2014 18:36 Jan 06, 2020 Jkt 250001 Estimated: Fatalities would be higher if: Voluntary compliance is low; production is high; and if VMT is high. Not Estimated: Fatalities would be higher if replicas function as a new market that attracts new consumers—implying substitution from more compliant vehicles—or, if replica vehicle drivers choose to increase their VMT specifically to enjoy the replica vehicle, rather than as a substitute for mileage driven in substitute vehicles. Not Estimated: Manufacturers producing under the proposed rule seek to incorporate some newer technologies into replica vehicles. Could lead to innovation to make technology fit into older designs. (e.g., miniaturization). Not Estimated: If kit car production remains relatively stable and replica car production increases significantly (consistent with case where replicas are a new and separate product category), employment effects would be greater. Not Estimated: Would consider the avoided costs of forcing required safety technologies into older vehicle designs. Not Estimated: Reflects high VMT. Estimated: Reflects high bound of production. same requirements as other manufacturers unless there is an express provision that exempts them, as replica manufacturers, from the requirement. Designation as a low-volume manufacturer under section 30114(b)(8) only applies in the context of exemptions for manufacturers of replica motor vehicles. Section 30114(b)(8) states that replica manufacturers will not be exempt from the requirements of 49 U.S.C. 30116 through 30120A PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 which provide requirements for defects and noncompliance reporting, notification and remedies. NHTSA is not proposing any regulatory changes based on this provision. NHTSA requests comments about whether regulatory changes are necessary for clarification. If commenters believe regulatory changes are desirable, NHTSA requests that commenters provide details on what changes should be made. E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules NHTSA requests comment on the framework for the benefit cost analysis and preliminary estimates included in the analysis. XII. Effective Date NHTSA proposes to make the changes discussed in this NPRM effective immediately upon publication of the final rule in the Federal Register. The Administrative Procedure Act (APA) states that a rule cannot be made effective less than 30 days after publication, unless the rule falls under one of three enumerated exceptions. One of these exceptions is for a rule that ‘‘grants or recognizes an exemption or relieves a restriction.’’ 35 This rule would fall under this exception because it would create a process through which manufacturers could obtain exemptions to manufacture replica vehicles. XIII. Regulatory Notices and Analyses khammond on DSKJM1Z7X2PROD with PROPOSALS2 Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures OMB has determined that this rule is nonsignificant. The amendments proposed by this NPRM implement an exemption program mandated by section 24405 of the FAST Act for lowvolume manufacturers involving a relatively small number of motor vehicles. Potential benefits include costs avoided by low-volume manufacturers when producing replica vehicles that would not be required to meet all the Federal regulations and FMVSS applicable to new motor vehicles. Potential benefits could also include increased consumer surplus, reduced barriers to innovation, and increased incremental employment impacts among small manufacturers. Safety impacts could result from crashes if replica vehicles do not meet certain safety standards. However, we expect the program to have no significant effect on the national economy, due to the small number of vehicles affected by this program. Regulatory Reform (E.O. 13771 and E.O. 13783) NHTSA has reviewed this proposed rule for compliance with E.O. 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’), which requires Federal agencies to offset the number and costs of new regulations through the repeal, revocation, and revision of existing regulations. As provided in OMB Memorandum M–17–21 (‘‘Implementing E.O. 13771’’), a ‘‘regulatory action’’ subject to E.O. is a significant regulatory action as defined in section 3(f) of E.O. 12866 that has 35 5 U.S.C. 553(d)(1). VerDate Sep<11>2014 16:30 Jan 06, 2020 been finalized and that imposes total costs greater than zero. For the reasons identified in the previous sections, this proposed rule is not a significant regulatory action under E.O. 12866 and is a ‘‘deregulatory action’’ under E.O. 13771 because its total costs to manufacturers will be less than zero. Details on the estimated cost savings of this proposed rule are presented in the Preliminary Regulatory Evaluation. The document evaluates the economic impact, in terms of benefits and costs, on Federal, State, and local governments, as well as private entities regulated under this action and the public, as required by E.O. 12866 and E.O. 13563. National Environmental Policy Act The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4347) requires Federal agencies to consider the environmental impacts of proposed major Federal actions significantly affecting the quality of the human environment, as well as the impacts of alternatives to the proposed action.36 The FAST Act requires NHTSA to establish an exemption program for replica vehicles, and this action implements that exemption program and the procedural mandates in the Act. The aspects of the program under the jurisdiction of NHTSA that could have environmental impacts include the exemption from the FMVSS (including those that may affect motor vehicle fuel economy) and the exemption from average fuel economy standards that are both specifically prescribed by statute. Although the PRE considers the impacts of this proposal, NHTSA does not have the authority to consider alternatives that would subject replica vehicles covered under this program to the FMVSS or the average fuel economy standards in 49 U.S.C. 32902. Therefore, NHTSA is precluded from considering the environmental and safety impacts of those aspects of the replica vehicle exemption program in its rulemaking and is not required to address them in its Environmental Assessment. When a Federal agency prepares an environmental assessment, the Council on Environmental Quality (CEQ) NEPA implementing regulations (40 CFR parts 1500 through 1508) require it to ‘‘include brief discussions of the need for the proposal, of alternatives [. . .], of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons 36 42 Jkt 250001 PO 00000 U.S.C. 4332(2)(C). Frm 00015 Fmt 4701 consulted.’’ 37 This section serves as the agency’s Draft Environmental Assessment (Draft EA) for those aspects of the program for which NHTSA may exercise discretion. NHTSA invites public comments on the contents and tentative conclusions of this Draft EA. This document sets forth the purpose of and need for this action. The purpose of this rulemaking is to implement the exemption program and the procedural mandates described in Section 24405 of the FAST Act, which directs NHTSA to exempt annually a limited number of replica motor vehicles manufactured or imported by low-volume manufacturers from the FMVSS that apply to motor vehicles, but not standards that apply to motor vehicle equipment. In addition, replica vehicles will be exempt from the requirements of 49 U.S.C. 32304, 32502, and 32902, as well as from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). This action is needed to implement a program to grant exemptions, as directed by Congress, for the manufacture of replica vehicles. NHTSA is also proposing labeling, consumer disclosure, and registration requirements to ensure adequate public awareness and agency oversight over these vehicles. NHTSA seeks comment on all aspects of its proposal, including limitations on importers, application to vehicles manufactured in two or more stages, the use of vehicle logos and emblems as a requirement of resemblance, the requirement to have the same dimensions and outward appearance as the original vehicle, labeling requirements, and more. The above requests for public comment specifically describe alternative approaches to regulation that are being considered by the agency. NHTSA will consider all substantive public comments received and recommendations on alternatives in its final rule. The aspects of the program over which NHTSA has the most discretion, including labeling requirements and registration, are not anticipated to have anything other than de minimis environmental impacts. These aspects of the program are largely ministerial in nature for replica vehicle manufacturers and importers and are not likely to result in a significant change in sales volumes. Further, NHTSA assumes that 40 low-volume manufacturers will produce between 4,000 and 8,000 replica vehicles annually, and the vehicles are expected to be driven, on average, no more than 2,280 miles per year. With regard to all aspects of the replica vehicle exemption program 37 40 Sfmt 4702 805 E:\FR\FM\07JAP2.SGM CFR 1508.9(b). 07JAP2 806 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules (including the exemption from the FMVSS and average fuel economy standards), these vehicles represent an extremely small fraction of overall motor vehicle sales and on-road VMT that will be disbursed throughout the country. As a result, they are unlikely to cause environmental impacts that could rise to any level of significance. NHTSA seeks comments on this analysis and whether there are any environmental impacts it has not considered that are relevant to a reasoned choice by the decisionmaker. NHTSA and DOT have consulted with EPA in developing this proposal. NHTSA has reviewed the information presented in this Draft EA and concludes that the proposed action and alternatives it may consider would have nothing more than de minimis impacts on the quality of the human environment. Based on the information in this Draft EA and assuming no additional information or changed circumstances, NHTSA expects to issue a Finding of No Significant Impact (FONSI). Such a finding will be made only after careful review of all public comments received. A Final EA and a FONSI, if appropriate, will be issued as part of the final rule. khammond on DSKJM1Z7X2PROD with PROPOSALS2 Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish an NPRM or final rule, generally it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). The Small Business Administration’s regulations at 13 CFR part 121 define a small business, in part, as a business entity ‘‘which operates primarily within the United States.’’ (13 CFR 121.105(a)). A regulatory flexibility analysis is not required if the head of the agency certifies that the action would not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act requires Federal agencies to provide a statement of the factual basis for certifying that a proposal would not have a significant economic impact on a substantial number of small entities. In compliance with the Regulatory Flexibility Act, NHTSA has evaluated the effects of this proposed rule on small entities and has prepared an Initial Regulatory Flexibility Analysis (IRFA). VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 This proposed rule would directly impact low-volume manufacturers that choose to produce replica vehicles and that would fall under North American Industry Classification System (NAICS) Nos. 336111, 336112, and 336120 for Automobile Manufacturing, Light Truck and Utility Vehicle Manufacturing, and Heavy Duty Truck Manufacturing. According to 13 CFR 121.201, the Small Business Administration’s size standards regulations used to define small business concerns, entities in these industries are small business concerns if they have 1,500 or fewer employees. NHTSA expects that most, if not all, replica manufacturers will have 1,500 employees or fewer. NHTSA estimates that up to 40 manufacturers will register as low-volume manufacturers of replica vehicles. However, as the Small Business Administration’s regulations define a small business, in part, as a business entity ‘‘which operates primarily within the United States,’’ foreign manufacturers that participate in the replica vehicle program are not considered small businesses for the purposes of the Regulatory Flexibility Act.38 Of the expected 40 such manufacturers, 10 of them are assumed to be foreign replica manufacturers.39 Therefore, this proposed rule is expected to impact 30 small entities. Until the FAST Act was enacted, all low-volume manufacturers of replica vehicles were subject to virtually the same Vehicle Safety Act requirements as the largest manufacturers when producing new motor vehicles. Occasionally, small manufacturers are given more time to comply with new FMVSS requirements, such as by having longer phase-in timelines to comply with new requirements, and can also petition for exemptions from certain FMVSS for limited periods of time on certain specific grounds.40 However, notwithstanding the flexibility regarding compliance dates and limited-period exemptions, until the FAST Act, lowvolume manufacturers of replica vehicles had the same responsibilities as 38 13 CFR 121.105(a). 39 This assumption is based on the percent of all passenger cars sold in the US but are manufactured outside the U.S. Between January and August 2018, 76.1% of vehicles sold in the U.S. were produced domestically and 23.9% were imported. ‘‘U.S. lightvehicle sales by nameplate, August & 8 months.’’ Automotive News. September 10, 2018, pp. 56–7. 40 Pursuant to 49 CFR part 555, a manufacturer may petition for a temporary exemption on the bases of substantial economic hardship, making easier the development or field evaluation of new motor vehicle safety or impact protection, or lowemission 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. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 larger manufacturers to certify their vehicles as complying with all FMVSS applying to the vehicle that were in effect on the day of manufacture of the vehicle. These FMVSS comprise standards applying to ‘‘equipment’’ and standards applying to the ‘‘vehicle’’ as a unit. The FAST Act allows low-volume manufacturers of replica vehicles registered in the proposed exemption program to manufacture vehicles that are exempt from meeting the ‘‘vehicle’’ FMVSS. NHTSA estimates that involvement in the proposed Part 586 exemption program would save lowvolume manufacturers of replica passenger cars and light trucks, MPVs, and buses (LTVs) between $3.4 million and $17.2 million at a three-percent discount rate (between $3.3 million and $16.8 million at a seven-percent discount rate) annually resulting from the elimination of the requirement to comply with the vehicle FMVSS, fuel economy standards, bumper standards, and labeling requirements.41 This means that each replica vehicle manufacture would, on average, experience cost savings of between $85,000 and $430,000 annually at a three-percent discount rate and between $82,000 and $420,000 annually at a seven-percent discount rate.42 NHTSA expects this cost savings would have a significant positive economic impact on the 30 regulated small entities. According to guidance provided by the SBA’s Office of Advocacy, to determine whether the number of small entities significantly impacted is substantial, an agency may need to look not only at the number of significantly impacted entities, but also at the percentage of affected small entities so impacted.43 In view of the fact that the proposal is expected to significantly economically impact 100 percent of the 30 regulated small entities, this would be a substantial number. Therefore, the replica vehicle program is expected to significantly economically impact a substantial number of small entities. 41 Additional detail on these estimates is provided in the Preliminary Regulatory Evaluation. 42 NHTSA divided the total cost savings by 40 because these estimates are based on NHTSA’s assumption that there will be a total of 40 replica manufacturers producing, on average, 200 vehicles per year. In addition to the 30 replica manufacturers that NHTSA expects to be considered small businesses by SBA, the total cost savings also include savings to an estimated 10 replica manufacturers that would not be considered small businesses by SBA. 43 U.S. Small Business Administration Office of Advocacy, A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act, 21– 22 (August 2017), available at https://www.sba.gov/ sites/default/files/advocacy/How-to-Comply-withthe-RFA-WEB.pdf (last accessed Oct. 15, 2018). E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules Accordingly, NHTSA has prepared this Initial Regulatory Flexibility Act Analysis. Overview of the Objectives of and Legal Basis for the Proposed Rule NHTSA is proposing requirements in this NPRM to implement a program mandated under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), as amended by the Fixing America’s Surface Transportation Act (the FAST Act). The FAST Act directs the NHTSA by delegation to exempt not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer. The exemption must be limited to the FMVSS applicable to motor vehicles, not motor vehicle equipment. NHTSA is issuing this NPRM proposing to establish 49 CFR part 586 to implement the replica motor vehicle exemption program.44 NHTSA is proposing a new 49 CFR part 586 to establish the requirements and procedures for the registration of lowvolume manufacturers as replica motor vehicle manufacturers and establishes the duties of the manufacturers. khammond on DSKJM1Z7X2PROD with PROPOSALS2 Description and Estimate of the Number of Small Entities to Which the Rule, if Made Final, Will Apply; Compliance Impacts This proposed rule would affect manufacturers who have a total annual worldwide production of 5,000 vehicles or less. According to 13 CFR 121.201, the Small Business Administration’s size standards regulations used to define small business concerns, vehicle manufacturers would fall under North American Industry Classification (NAICS) No. 336111, Automobile Manufacturing, which has a size standard of 1,000 employees. Using the size of 1,000 employees or fewer, NHTSA estimates that most, if not all, of the manufacturers that would produce replica vehicles would be small businesses. NHTSA estimates that there will be approximately 40 manufacturers that will take advantage of this program and manufacture replica vehicles under the replica vehicle exemption program. Although this proposed rule would affect small manufacturers, we do not anticipate that the proposed rule would have a significant negative economic impact. Instead, this proposed rule should reduce compliance costs for the small businesses that produce replica vehicles under the exemption program. 44 The FAST Act replica motor vehicle provision is not self-executing. That is, the Secretary must take steps to implement it. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 NHTSA estimates that manufacturers will save between $3.4 million and $17.2 million at a three-percent discount rate (between $3.3 million and $16.8 million at a seven-percent discount rate) annually. The cost savings result from low-volume manufacturers no longer having to conform their vehicles to the ‘‘vehicle’’ FMVSS. A Description of the Projected Reporting, Record Keeping and Other Compliance Requirements of the Proposed Rule, Including an Estimate of the Classes of Small Entities Which Will Be Subject to the Requirement and the Type of Professional Skills Necessary for Preparation of the Report or Record The proposed rule contains reporting, record keeping and other compliance requirements to implement the replica vehicle program. All the proposed reporting and record keeping requirements discussed below are mandated or contemplated by the FAST Act or are essential to carrying out the statute. First, in accordance with the FAST Act, low-volume manufacturers wishing to qualify for an exemption must register with NHTSA in accordance with this proposed regulation. The FAST Act mandates this registration requirement in section 30114(b)(1)(B)(2), specifying that ‘‘a low-volume manufacturer shall register with [NHTSA] at such time, in such manner, and under such terms that [NHTSA] determines appropriate.’’ NHTSA estimates that it would take each manufacturer 10 hours to draft and compile the submission. At an estimated cost of $48.47 per hour,45 this burden would cost each manufacturer $484.70 one time for each original vehicle the manufacturer seeks to replicate. Second, in accordance with the FAST Act, manufacturers of replica vehicles would be required to submit annual reports. The annual reports are required by section 30114(b)(1)(C), which specifies that the annual report include the number and description of the motor vehicles exempted and a list of the exemptions described on a permanent 45 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 807 label required by section 30114(b)(3)(A) (described below). The agency proposes that the annual report would be submitted online. In lieu of a requirement that registrants renew their registrations, the NPRM proposes only to require registrants to report to NHTSA if they will be producing the same replica motor vehicles the following calendar year. NHTSA estimates that compiling and submitting the annual report would take two hours and would involve primarily administrative skills. NHTSA estimates that labor to compile the report would cost $48.47 per hour, for a total cost to compile the report of $96.94.46 Third, in accordance with the FAST Act, the proposed rule would also require the registrants to disclose information to consumers. Because the replica vehicles would be exempt from complying with current FMVSS, it is important that the consumer understand the reduced level of safety provided by the vehicle. In accordance with a mandate in section 30114(b)(3)(A), the NPRM would require registrants to affix a permanent label to the vehicle identifying the specified standards and regulations from which the vehicle is exempt, stating that the vehicle is a replica, and designating the model year such vehicle replicates. In accordance with discretion provided to NHTSA in section 30114(b)(3)(B), the proposed rule would require registrants to provide written notice of the exemption to the dealer and the first purchaser of the vehicle for purposes other than resale. NHTSA estimates that the consumer disclosures would cost $1 per vehicle and the temporary labels would cost $1 per vehicle. If each manufacturer manufacturers 200 vehicles, the total cost per manufacturer would be $400 for both the consumer disclosures and the temporary labels. An Identification, to the Extent Practicable, of All the Relevant Federal Rules Which May Duplicate, Overlap, or Conflict With the Final Rule NHTSA does not know of any Federal rules which duplicate, overlap, or conflict with this proposal. 46 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 808 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules A Description of any Significant Alternatives to the Proposed Rule That Accomplish the Stated Objectives of the Applicable Statutes and Minimize any Significant Economic Impact of the Final Rule on Small Entities The FAST Act provision directing the establishment of the replica exemption program prescribes specific requirements that limit NHTSA’s discretion to adopt different regulatory approaches. For the purpose of evaluating regulatory alternatives under the requirements of the Regulatory Flexibility Act, NHTSA considers here not only alternatives that are within NHTSA’s discretion, but also alternatives that are not permitted by statute. The alternative approaches impact: Which entities may participate in the replica vehicle program; the safety performance of replica motor vehicles; requirements for replica vehicles to resemble the original vehicle; and reporting and informational requirements. First, NHTSA is considering limiting the exemption program to replica vehicles that are built in one stage or, alternatively, allowing replica vehicles to be manufactured in two or more stages, if they are produced under a registration that was jointly submitted to NHTSA by all of the low-volume manufacturers involved with the production of the vehicle. These two alternative approaches would impact which entities would qualify for the replica vehicle exemption program. NHTSA is requesting comment on these approaches out of concern about administering the program and the belief that some of the requirements for the program could not be met if the vehicle is built in more than one stage. NHTSA does not have sufficient data to quantify the impact of this alternative approach and requests comment. Second, there are alternatives that would impact the safety performance of replica vehicles. Although not permitted by statute, one alternative would be to take no action. This alternative, to maintain the status quo, is demonstrably more burdensome to manufacturers. NHTSA estimates that each replica manufacturer that participates in the exemption program would, on average, realize cost savings of between $85,000 and $430,000 annually (at a threepercent discount rate) and between $82,000 and $420,000 annually at a seven-percent discount rate; maintaining the status quo would forego these cost savings. Another alternative would be to require that replica motor vehicles resemble not only the original vehicle’s exterior, but also its interior VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 and its conformance with FMVSS in effect when the original vehicle was manufactured. NHTSA has not quantified the impact of this approach, but NHTSA has concluded that it would significantly increase the burden on small entities compared to the current proposal. This conclusion is based on data from NHTSA’s Preliminary Regulatory Evaluation that estimates the savings that manufacturers may realize in manufacturing vehicles that are exempt from the FMVSS applicable to vehicles. Although NHTSA is not proposing the requirement to replicate the safety performance of the original vehicle, NHTSA is requesting comment to inform future decision-making. Third, NHTSA considered some alternative approaches to ensuring that vehicles exempted under Part 586 meet the definition for ‘‘replica motor vehicle’’ in the FAST Act. The definition states that a replica motor vehicle ‘‘is intended to resemble the body of another motor vehicle.’’ To balance objectivity, feasibility, and enforceability, NHTSA is proposing to require manufacturers to submit images with each registration and documentation confirming that the replica vehicle will have the same dimensions (height, width, and length) as the original vehicle. Alternatively, NHTSA could have proposed either (1) no requirements for resemblance; or (2) requirements that replica vehicles have the exact specifications of the original vehicle and fully replicate not only the exterior of the original, but also its interior. NHTSA believes the proposal strikes the right balance between ensuring that the program is limited, as Congress intended, to vehicles that resemble previously-made vehicles while not unduly burdening lowvolume manufacturers. NHTSA decided not to propose requiring the more stringent requirements because NHTSA recognizes that obtaining exact specifications for original vehicles may be difficult and allowing manufacturers to incorporate modern amenities and safety features in the interior would enable a greater range of alternatives to customers in terms of (improved) vehicle attributes and safety. NHTSA, however, thought some minimum requirements would help bring some objectivity to NHTSA’s evaluation of whether a vehicle met the statutory definition of ‘‘replica motor vehicle.’’ NHTSA also believes that most replica manufacturers will act in good faith to ensure resemblance with the original and, even in the absence of requirements, will be motivated to closely replicate the original vehicle in PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 appearance for marketing purposes. Therefore, although NHTSA does not have data to quantify the impact of the proposed approach, NHTSA does not expect the proposed requirements related to resemblance to generate any significant incremental burden for replica vehicle manufacturers. Fourth, there are some alternatives that would impact the amount of information replica manufacturers would be required to submit to NHTSA or disclose to members of the public. The new requirements that are specific to replica vehicles include: Registration requirements, annual reporting, temporary labels, and consumer disclosures. Some alternatives are within NHTSA discretion, such as not requiring the submission of images with registration and annual reports. Others, like requiring less frequent reporting are not. Because the FAST Act provision requires annual reporting, NHTSA does not have discretion to require reporting only ever two or five years. NHTSA also does not have the discretion to collect less information in the annual report than is required by the FAST Act. In proposing these requirements, NHTSA considered that most, if not all, of replica vehicle manufacturers would be small entities; NHTSA estimated the costs associated with these requirements with this in mind, as well. NHTSA estimates the total cost associated with these requirements to be less than $1,500 for each replica manufacturer annually (approximately $4–$5 per vehicle if producing the maximum number of replica vehicles allowed per year). Thus, NHTSA does not believe these requirements will be burdensome to manufacturers, and does not believe less stringent requirements would constitute significant alternatives because the cost savings per vehicle would be minimal. Accordingly, NHTSA does not believe there are any significant alternative approaches which would not only accomplish all the objectives of the rulemaking and NHTSA’s statutory mandate under the FAST Act, but also minimize burden on small entities. NHTSA invites public comment on this tentative conclusion and whether there are workable significant alternative approaches for small entities that the agency should consider. E.O. 13132 (Federalism) NHTSA has examined this proposed rule pursuant to E.O. 13132 (64 FR 43255, August 10, 1999) and concluded that no additional consultation with States, local governments or their representatives is mandated beyond the rulemaking process. The agency has E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules concluded that the rulemaking would not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The proposed rule would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The FAST Act provision directing NHTSA to allow low-volume manufacturers registering with NHTSA to produce replica vehicles contains two unique provisions that have preemption implications.47 The first provision, section 30114(b)(6), provides protection to the original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer to produce replicas of vehicles. The Act states that those persons 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 lowvolume manufacturer. This legislative command is set forth in the FAST Act and this proposed rule has no effect on that directive. The second provision, section 30114(b)(9), states that nothing in the ‘‘exemption for low-volume manufacturers’’ subsection of the Act shall be construed to preempt, affect, or supersede any State titling or registration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation. NHTSA interprets this section to mean that States may have their own replica motor vehicle standards for the vehicles to be titled or registered in that State. NHTSA also interprets this provision to mean that NHTSA’s requirements for replica motor vehicles are intended to be minimum requirements only. Therefore, States may have higher safety requirements for replica vehicles than prescribed by NHTSA to be titled or registered in that State. In terms of preemption generally and the FMVSS, NHTSA rules can preempt in two ways. First, the National Traffic and Motor Vehicle Safety Act contains an express preemption provision under 49 U.S.C. 30103(b)(1): When a motor vehicle safety standard is in effect, a State or political subdivision of State may prescribe or continue in effect a standard applicable to the same aspect 47 NHTSA does not believe regulation is necessary to implement those provisions. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 of performance of a motor vehicle or motor vehicle only if the standard is identical to the standard prescribed under 49 U.S.C. 30103(b)(1). It is this statutory command by Congress that preempts any non-identical State legislative and administrative law addressing the same aspect of performance. The express preemption provision described above is subject to a savings clause under 49 U.S.C. 30103(e), which states that compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law. Pursuant to this provision, State common law tort causes of action against motor vehicle manufacturers that might otherwise be preempted by the express preemption provision are generally preserved. However, the Supreme Court has recognized the possibility, in some instances, of implied preemption of such State common law tort causes of action by virtue of NHTSA’s rules, even if not expressly preempted. This second way that NHTSA rules can preempt is dependent upon there being an actual conflict between an FMVSS and the higher standard that would effectively be imposed on motor vehicle manufacturers if someone obtained a State common law tort judgment against the manufacturer, notwithstanding the manufacturer’s compliance with the NHTSA standard. Because most NHTSA standards established by an FMVSS are minimum standards, a State common law tort cause of action that seeks to impose a higher standard on motor vehicle manufacturers will generally not be preempted. However, when such a conflict does exist—for example, when the standard at issue is both a minimum and a maximum standard—the State common law tort cause of action is impliedly preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000). Pursuant to Executive Order 13132 and 12988, NHTSA has considered whether this proposed rule could or should preempt State common law causes of action. The agency’s ability to announce its conclusion regarding the preemptive effect of one of its rules reduces the likelihood that preemption will be an issue in any subsequent tort litigation. To this end, the agency has examined the nature (e.g., the language and structure of the regulatory text) and objectives of this proposal and finds that this proposed rule, like many NHTSA rules, would prescribe only a minimum safety standard. As such, NHTSA does not intend that this proposal preempt State tort law that would effectively PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 809 impose a higher standard on motor vehicle manufacturers than that to be established by this proposal. Establishment of a higher standard by means of State tort law would not conflict with the minimum standard announced here. Without any conflict, there could not be any implied preemption of a State common law tort cause of action. Proposed 49 CFR part 586 would be issued as a regulation, not as an FMVSS, so the express preemption provision under 49 U.S.C. 30103(b)(1) does not apply to matters relating to Part 586. Therefore, NHTSA has concluded that this rulemaking will not preempt State law and does not require additional consultation with States and local governments. E.O. 12988 (Civil Justice Reform) When promulgating a regulation, E.O. 12988, ‘‘Civil Justice Reform’’ (61 FR 4729; February 7, 1996), specifically requires that the agency must make every reasonable effort to ensure that the regulation, as appropriate: (1) Specifies in clear language the preemptive effect; (2) specifies in clear language the effect on existing Federal law or regulation, including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) specifies in clear language the retroactive effect; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) explicitly or implicitly defines key terms; and (7) addresses other important issues affecting clarity and general draftsmanship of regulations. Pursuant to this Order, NHTSA notes as follows. The preemptive effect of this proposal is discussed above in connection with E.O. 13132. NHTSA has also considered whether this rulemaking would have any retroactive effect. This proposed rule does not have any retroactive effect. NHTSA notes further that there is no requirement that individuals submit a petition for reconsideration or pursue other administrative proceeding before they may file suit in court. E.O. 13609: Promoting International Regulatory Cooperation Under E.O. 13609 (77 FR 26413, May 4, 2012), agencies must consider whether the impacts associated with significant variations between domestic and regulatory approaches are unnecessary or may impair the ability of American business to export and E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 810 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules compete internationally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements. Sections 3 and 4 of E.O. 13609 direct an agency to conduct a regulatory analysis and ensure that a proposed rule does not cause unnecessary obstacles to foreign trade. This requirement applies if a rule constitutes a significant regulatory action, or if a regulatory evaluation must be prepared for the rule. NHTSA has analyzed this action under the policies and agency responsibilities of E.O. 13609, and has determined that this action would have no effect on international regulatory cooperation. NHTSA requests public comment on whether regulatory approaches taken by foreign governments concerning the subject matter of this rulemaking and the above policy statement have any implications for this rulemaking. 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 (adjusted for inflation with base year of 1995). Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires NHTSA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with the applicable law. Moreover, section 205 allows NHTSA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation why the agency did not adopt the alternative. This proposed rule is not anticipated to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector in excess of 100 million, $154 million when adjusted for inflation, annually. National Technology Transfer and Advancement Act Under the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104–113), all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards to carry out policy objectives or activities determined by the agencies and departments, except when use of such a voluntary consensus standard would be inconsistent with the law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the SAE International. The NTTAA directs NHTSA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. NHTSA has searched for but did not find any voluntary consensus standards that would apply to this proposal. Paperwork Reduction Act Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal agencies to prepare a written assessment of the costs, benefits and other effects of VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Under the procedures established by the Paperwork Reduction Act of 1995 (PRA), a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid Office of Management and Budget (OMB) control number. The Information Collection Requests (ICR) for a proposed new information collection and proposed revisions to the existing information collections described below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. This proposed rule would have new collection of information requirements that would require registrants to provide information to NHTSA and to dealers and consumers pertaining to registration, annual reporting, labeling, and written notification to dealers and owners. This proposed rule would also make changes to existing information collections for manufacturer identification, Vehicle Identification Number (VIN) requirements, and certification labeling. Accordingly, NHTSA is submitting requests to OMB for approval of a new collection of information for Replica Motor Vehicles and revisions to existing collections of information. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 a. New Collection of Information for Replica Motor Vehicles In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information: Title: 49 CFR part 586, Replica motor vehicles. Type of Request: New collection. OMB Control Number: 2127–New. Form Number: The collection of this information would not use any standard forms. Requested Expiration Date of Approval: Three years from the date of approval. Summary of the Collection of Information: Manufacturers of replica motor vehicles would be required to: Register with NHTSA, provide dealers and first retail purchasers information on the standards with which the vehicle does not comply, and annually report the type and number of replica motor vehicles produced. Manufacturers would also be required to provide NHTSA with images of the front, rear, and side views of the exterior of the original vehicle, and if the manufacturer has previously replicated that original vehicle, images of the front, rear, and side views of the exterior of a representative replica motor vehicle in both the registration and in their annual reports. NHTSA considered but has tentatively decided against a requirement that manufacturers must reregister (renew their registrations) annually. Instead, we propose that registrants simply inform NHTSA in their annual reports of their plans to continue manufacturing the previouslyapproved replica vehicles under their current registration. Manufacturers of replica vehicles would also be required to affix temporary labels on the dashboard or steering wheel hub of each exempted vehicle alerting passengers that the vehicle does not comply with all FMVSS and directing them to consult their customer disclosure for more information on the standards from which the vehicle is exempt. However, this requirement is not subject to the Paperwork Reduction Act because NHTSA provides the exact language to provide on the temporary labels.48 Description of the Need for the Information and Use of the Information: NHTSA is required by the Fixing America’s Surface Transportation (FAST) Act to exempt a limited number 48 The public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public is not included within [the definition of a collection of information]. 5 CFR 1320.3(c)(2). E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules of replica motor vehicles manufactured by low-volume manufacturers from certain Federal standards each year provided the manufacturer registers with NHTSA. NHTSA is issuing a regulation that implements the exemption program. All the proposed reporting and record keeping requirements discussed below are mandated or contemplated by the FAST Act or are essential to carrying out the statute. First, in accordance with the FAST Act, low-volume manufacturers wishing to qualify for an exemption must register with NHTSA in accordance with this proposed regulation. The FAST Act mandates this registration requirement in 49 U.S.C. 30114(b)(2), specifying that ‘‘a low-volume manufacturer shall register with [NHTSA] at such time, in such manner, and under such terms that [NHTSA] determines appropriate.’’ NHTSA needs this information to keep track of the exempted vehicles, ensure that the vehicles qualify as replica vehicles, and for enforcement purposes. Second, in accordance with the FAST Act, manufacturers of replica vehicles would be required to submit annual reports. The annual reports are required by 49 U.S.C. 30114(b)(3)(C). The Act specifies that the annual report include the number and description of the motor vehicles exempted and a list of the exemptions described on a permanent label required by 49 U.S.C. 30114(b)(3)(A) (described below). In the annual report, manufacturers that are registered in the program (registrants) would be required to show NHTSA images of the vehicles they produced so that NHTSA can assess if the vehicles resemble the original vehicle. The registrants must also notify NHTSA if they will be manufacturing the same replica motor vehicles in the next calendar year and if so, how many vehicles they will be manufacturing. 49 U.S.C. 30114(b)(5) states that an exemption ‘‘shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year.’’ The annual reporting requirement would be essential to NHTSA’s enforcement of the program, enabling the agency to better assess whether registrants are complying with the 325-vehicle limit and manufacturing vehicles qualifying as ‘‘replica motor vehicles.’’ The reporting requirements would also enable NHTSA to keep track of registrants and the vehicles they produce, which would help the agency VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 meet a FAST Act requirement to keep an up-to-date list of registrants and publish such list on an annual basis (section 30114(b)(5)). NHTSA considered requiring all registrants to formally renew their registration annually but believes that this reporting process would simplify and reduce paperwork by eliminating the need to re-register with NHTSA if the same replica vehicles would be produced in the next calendar year. Third, in accordance with the FAST Act, the proposed rule would require the registrants to disclose information to consumers. Because the replica vehicles will be exempt from current FMVSS, it is important that the consumer understand the reduced level of safety provided by the vehicle. In accordance with a mandate in 49 U.S.C. 30114(b)(3)(A), the NPRM, if adopted, would require registrants to affix a permanent label to the vehicle identifying the specified standards and regulations from which the vehicle is exempt, stating that the vehicle is a replica, and designating the model year such vehicle replicates. In accordance with discretion provided to NHTSA in section 30114 (b)(3)(B), the proposed rule would require registrants to provide written notice of the exemption to the dealer and the first purchaser of the vehicle for purposes other than resale. Description of the Likely Respondents (Including Estimated Number, and Proposed Frequency of Response to the Collection of Information): NHTSA estimates that at most there would be approximately 40 manufacturers in the replica vehicle program at any given time. NHTSA estimates that it will take some time before the total number of replica manufacturer reaches 40. By the end of the first three years of the program, NHTSA estimates that there will be 30 replica vehicle manufacturers. Therefore, in the first three years of the replica program, NHTSA expects to receive approximately 10 submissions from low-volume manufacturers to register as replica manufacturers each year. Based on an assumption that on average 30 manufacturers would each produce 200 vehicles each year, there would be 6,000 replica vehicles produced each year by the end of the third year, or an average of 4,000 replica vehicles a year over the first three years. For purposes of calculating the burden associated with the collections, we use the average of 4,000 replica vehicles a year and 20 replica manufacturers. Combined, manufacturers are expected to label 4,000 replica vehicles with temporary and permanent labels and provide 4,000 written disclosures to consumers. Each PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 811 manufacturer must submit one report annually, for an average of 20 reports for the next three years. Estimate of the Total Annual Reporting and Recordkeeping Burden Resulting From the Collection of Information: NHTSA estimates the total burden of this collection to be an average of 400 hours and $24,239 each year. The cost of labor associated with the 400 burden hours is estimated to be $16,239 and the cost of printing the consumer disclosures and temporary labels is estimated to be $8,000. NHTSA estimates that it will take 10 hours to complete an initial registration submission. NHTSA estimates the labor cost for compiling and submitting the required information to be $48.47 49 per hour, using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification #27– 3042).50 Therefore, NHTSA estimates that the labor cost for each registration will be $484.70 (10 hours × $48.47 per hour). NHTSA estimates that, over the first three years, a total of 30 manufacturers will submit registrations to become manufacturers of exempted replica vehicles. NHTSA estimates that, on average, ten manufacturers will submit registrations each year. Therefore, NHTSA estimates the total annual burden on low-volume manufacturers for initial submissions to be 100 hours (10 manufacturers × 10 hours). NHTSA estimates that the total cost associated with labor for the registrations to be $4,847 (10 submissions × $484.70 per submission) per year. For the annual reporting requirement, NHTSA estimates it would take a maximum of two hours to collect the necessary information and submit it on the vPIC portal. NHTSA estimates that, on average, 20 manufacturers will submit annual reports each year. Therefore, the burden hours associated with this information collection would, on average, be 40 hours per year (20 manufacturers × 2 hours). NHTSA estimates the hourly cost associated 49 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. 50 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. E:\FR\FM\07JAP2.SGM 07JAP2 812 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules with annual reports to be $48.47 51 per hour, using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification # 27– 3042).52 Therefore, NHTSA estimates the total labor cost associated with annual reports will be $96.94 per manufacturer and a total of $1,939 for all manufacturers ($96.94 × 20 manufacturers) in each of the first three years. NHTSA does not estimate that there will be any additional costs because these reports would be submitted electronically. To estimate the burden to produce consumer disclosures, NHTSA looked at estimates for owner’s manuals which provide required disclosures to consumers. Owner’s manuals are much longer and contain far more information than the replica vehicle consumer disclosures. However, because owner’s manuals are produced in higher quantities, NHTSA estimates that it only costs manufacturers, on average, about $.50 for each Owner’s Manual.53 To account for the fact that replica manufacturers are smaller and less able to take advantage of economies of scale, NHTSA estimates that printing consumer disclosures will cost $1 per replica vehicle. NHTSA estimates that, in the next three years, 20 manufacturers will each produce 200 replica vehicles. NHTSA estimates the cost for producing the 4,000 consumer disclosures will be $4,000 ($1 per disclosure × 4,000 replica vehicles). NHTSA estimates that it will take no more than 1 hour per manufacturer to compile and format the consumer disclosures. Therefore, the total burden hours for twenty manufacturers would be 20 hours (20 manufactures × 1 hour). NHTSA estimates the hourly cost associated with compiling consumer disclosures to be $48.47 54 per hour, using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification #27–3042).55 Therefore, NHTSA estimates the total labor costs associated with compiling and formatting consumer disclosures to be $48.47 per manufacturer and $969 per year for all replica manufacturers (20 manufacturers × $48.47 per hour). Replica manufacturers will also be required to affix temporary labels. NHTSA estimates that it will take each manufacturer 2 hours to design and format the temporary labels for a total of 40 hours for all replica vehicle manufacturers. NHTSA estimates the hourly cost associated with designing and formatting temporary labels to be $48.47 56 per hour, using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification #27– 3042).57 Therefore, NHTSA estimates the total annual labor cost associated with designing and formatting temporary labels to be $96.94 for each manufacturer and $1,939 for all manufacturers ($96.94 × 20 manufacturers). NHTSA estimates the cost to print or purchase printed labels for each replica vehicle to be $1 per vehicle, for a total cost of $4,000. This cost is higher than what NHTSA estimates for the total cost to provide certification labels.58 NHTSA has estimated a higher cost for temporary replica vehicle warning labels because they will be larger than certification labels and replica manufacturers will produce the labels in smaller batches. NHTSA estimates that it will take approximately 3 minutes to label each vehicle. This is longer than the estimated 18 seconds to label an average vehicle with a Part 567 certification label.59 However, because replica vehicle manufacturers are expected to be much smaller than the average vehicle manufacturer, NHTSA assumes that replica vehicle manufacturers will not be able to label each vehicle as quickly. Based on the assumption that 4,000 vehicles are manufactured, on average, in each of the next three years, the labor costs associated with affixing the temporary labels to the steering hub, at a cost of $32.72 per hour, using the Bureau of Labor Statistic’s mean hourly wage estimate for motor vehicle assemblers and fabricators (Standard Occupational Classification #51–2000), will be approximately $6,545 annually (200 hours × $32.72 per hour). The total burden associated with this information collection request is estimated to be 400 hours. The cost associated with the burden hours is estimated to be $16,239 and the cost associated with printing consumer disclosures and temporary labels is estimated to be $8,000. The total cost associated with this information collection is estimated to be $24,239. khammond on DSKJM1Z7X2PROD with PROPOSALS2 LABOR COSTS Information collection Time per response Initial Registration ............... Annual Report ..................... Consumer Disclosures ........ 10 hours ............................. 2 hours ............................... 1 hour ................................. 51 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. 52 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. 53 The estimate is provided in the supporting statements NHTSA submitted to OMB in 2015 in support of the renewal of NHTSA’s Information Collection titled ‘‘Consolidated Owner’s Manual Requirements for Motor Vehicles and Motor Vehicle VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Number of responses Hourly wage 10 20 20 $33.98 33.98 33.98 Equipment.’’ NHTSA estimated costs as $8,198,948 for 16,500,000 vehicles, or approximately $.50 per vehicle. The supporting statements can be accessed at https://www.reginfo.gov/public/do/PRAView Document?ref_nbr=201504-2127-001. 54 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. 55 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 Total hourly cost $48.47 48.47 48.47 Total labor cost per response $484.70 96.94 48.47 Total labor cost overall $4,847 1,939 969 56 The hourly wage is estimated to be $33.98 per hour. National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. The Bureau of Labor Statistics estimates that wages represent 70.1 percent of total compensation to private workers, on average. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation—March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, NHTSA estimates the total hourly compensation cost to be $48.47. 57 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. 58 NHTSA estimates that the cost of 49 CFR part 567 certification labels is approximately $.10 per label. 59 83 FR 8732, February 28, 2018. E:\FR\FM\07JAP2.SGM 07JAP2 813 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules LABOR COSTS—Continued Number of responses Total hourly cost Hourly wage Total labor cost per response Total labor cost overall Information collection Time per response Designing and Formatting Temporary Labels. Labeling Each Vehicle ........ 2 hours ............................... 20 33.98 48.47 96.94 1,939 3 minutes ............................ 4,000 22.94 32.72 1.64 6,545 Total Cost .................... ............................................. ........................ ........................ ........................ ........................ 16,239 Cost per vehicle Number of vehicles OTHER COSTS TO RESPONDENTS Printing Temporary Labels .......................................................................................................... Printing Consumer Disclosures ................................................................................................... $1 1 4,000 4,000 $4,000 4,000 Total Cost ............................................................................................................................. ........................ ........................ 8,00 Comments are invited on: i. Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ii. The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; iii. How to enhance the quality, utility, and clarity of the information to be collected; iv. How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Please submit any comments, identified by the docket number in the heading of this document, by the methods described in the ADDRESSES section of this document to NHTSA and OMB. b. Revision of Currently Approved Clearance for Manufacturer Identification khammond on DSKJM1Z7X2PROD with PROPOSALS2 Printing cost In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information: Title: 49 CFR part 566, Manufacturer Identification. Type of Request: Revision of a currently approved collection. OMB Control Number: 2127–0043. Affected Public: New manufacturers of motor vehicles and motor vehicle equipment subject to the Federal motor vehicle safety standards. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Requested Expiration Date of Approval: Three years from the date of approval. Form Number: None. Summary of the Collection of Information: If a motor vehicle or item of replacement motor vehicle equipment contains a defect related to motor vehicle safety or fails to comply with an applicable Federal motor vehicle safety standard (FMVSS), the manufacturer is required under 49 U.S.C. 30118 to furnish notification of the defect or noncompliance to NHTSA, as well as to owners, purchasers, and dealers of the motor vehicle or replacement equipment, and to remedy the defect or noncompliance without charge to the owner. To ensure that manufacturers are meeting these and other responsibilities under the statutes and regulations administered by NHTSA, the agency issued 49 CFR part 566, Manufacturer Identification. The regulations in Part 566 require manufacturers of motor vehicles or motor vehicle equipment to which an FMVSS applies, to submit to NHTSA, on a one-time basis, identifying information on themselves and a description of the products that they manufacture to those standards. With changes implemented in 2015, manufacturers have been able to make these submissions using an online portal on the agency’s website at https:// vpic.nhtsa.dot.gov/. The information that must be submitted includes: (a) The full individual, partnership, or corporate name of the manufacturer; (b) the business name of the manufacturer commonly known to the public; (c) the residence address of the manufacturer and State of incorporation if applicable; (d) full contact information for the manufacturer and the submitting official; and (e) a description of each PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 type of motor vehicle or of covered equipment manufactured by the manufacturer, including, for motor vehicles, the approximate ranges of gross vehicle weight ratings (GVWR) for each vehicle type. The regulations specify that the description may be of a general type, such as ‘‘passenger cars’’ or ‘‘brake fluid,’’ but that in the case of multipurpose passenger vehicles, trucks, and trailers, the description shall be specific enough to indicate the types of use for which the vehicles are intended, such as ‘‘tank trailer,’’ ‘‘motor home,’’ or ‘‘cargo van.’’ 60 The regulations further specify that in the case of motor vehicles produced in two or more stages, if the manufacturer is an incomplete vehicle manufacturer, the description shall so state and include a description indicating the stage of completion of the vehicle and, where known, the types of use for which the vehicles are intended, such as ‘‘Incomplete vehicle manufacturer— Chassis-cab intended for completion as a van-type truck.’’ 61 The regulations also specify that if the manufacturer is an intermediate manufacturer, or a final stage manufacturer of a vehicle manufactured in two or more stages, the description shall so state and include a brief description of the work performed, such as ‘‘Multipurpose passenger vehicles: Motor homes with GVWR from 8,000 to 12,000 pounds. Final-stage manufacturer—add body to bare chassis.’’ 62 The information must be submitted no later than 30 days after the manufacturer begins to manufacture motor vehicles or motor vehicle equipment subject to the FMVSS. No 60 49 61 49 CFR 566.5(c)(1) and (2). CFR 566.5(c)(3). 62 Id. E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 814 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules specific form need be used for the submission of this information. NHTSA provides an online portal with a fillable web-based format for use in submitting the required information. This is described in a handbook entitled Requirements for Manufacturers of Motor Vehicles and Motor Vehicle Equipment that can be accessed on the agency’s website at https:// vpic.nhtsa.dot.gov/. Manufacturers who have previously submitted identifying information must ensure that the information on file is accurate and complete by submitting revised information no later than 30 days after a change in the business that affects the validity of that information has occurred. In 2016, NHTSA received submissions of manufacturer identifying information under 49 CFR part 566 from 821 manufacturers. In 2016, the agency received 882 such submissions. Based on this volume and the estimating that the agency will receive 10 replica motor vehicle manufacturer submissions in each of the next three years, the agency projects that it will receive approximately 892 Part 566 submissions from manufacturers in each of the next three years. Assuming that it will take a manufacturer on average 15 minutes to prepare an online submittal, the agency estimates that 223 hours will be expended on an annual basis by all manufacturers required to submit Part 566 identifying information. Description of the Likely Respondents (Including Estimated Number and Proposed Frequency of Responses to the Collection of Information): The agency estimates that it will receive 892 submissions of manufacturer identifying information under Part 566 from manufacturers of motor vehicles and regulated items of motor vehicle equipment per year. The manufacturers need only submit the required information on a one-time basis, with the proviso that they refile their information through the online portal in the event of any changes in the information on file within 30 days from the date that any change in that information occurs. Estimate of the Total Annual Reporting and Recordkeeping Burden of the Collection of Information: 223 hours. Estimate of the Total Annual Costs of the Collection of Information: Assuming that the Part 566 information that needs to be submitted through the online portal is entered by company officers or employees compensated at an average VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 rate of $33.98 63 per hour using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification # 27–3042),64 the agency estimates that the total hourly wage cost associated with the burden hours is $7,577.54. The Bureau of Labor Statistics estimates that for private industry workers, wages represent 70.1% of total compensation.65 Therefore, NHTSA estimates that a total of $10,809.61 will be expended on an annual basis for wage by all manufacturers required to submit that information. Comments are invited on: i. Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ii. The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; iii. How to enhance the quality, utility, and clarity of the information to be collected; iv. How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Please submit any comments, identified by the docket number in the heading of this document, by the methods described in the ADDRESSES section of this document to NHTSA and OMB. c. Revision of Currently Approved Clearance for Vehicle Identification Number (VIN) Requirements and Certification Labeling In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information: Title: Consolidated Labeling Requirements for 49 CFR parts 565 Vehicle Identification Number (VIN) Requirements, and 567 Certification. Type of Request: Revision of a previously approved collection. 63 National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. 64 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. 65 Employer Costs for Employee CompensationMarch 2019, https://www.bls.gov/news.release/pdf/ ecec.pdf, last accessed June 28, 2019. PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 OMB Control Number: 2127–0510. Affected Public: Motor vehicle manufacturers. Form Number: None. Summary of the Collection of Information: Part 565 The regulations in Part 565 specify the format, contents, and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns. The regulations require each vehicle manufactured in one stage to have a VIN that is assigned by the vehicle’s manufacturer. Each vehicle manufactured in more than one stage is to have a VIN assigned by the incomplete vehicle manufacturer. Each VIN must consist of 17 characters, including a check digit, in the ninth position, whose purpose is to verify the accuracy of any VIN transcription. The first section of the VIN consists of three characters that occupy positions one through three in the VIN. This section shall uniquely identify the manufacturer and type of the motor vehicle if the manufacturer is a high-volume manufacturer. If the manufacturer is a low-volume manufacturer, positions one through three along with positions twelve through fourteen in the VIN shall uniquely identify the manufacturer and the type of the motor vehicle. The manufacturer identifier occupies the first three characters of the VIN for manufacturers that produce 1,000 or more vehicles of a specified type within a model year, and positions 1, 2, 3, 12, 13, and 14 of VINs assigned by manufacturers that produce less than 1,000 vehicles of a specified type of motor vehicle per model year. The remaining characters of the VIN describe various vehicle attributes, such as make, model, and type, which vary depending on the vehicle’s type classification (i.e. passenger car, multipurpose passenger vehicle, truck, bus, trailer, motorcycle, low-speed vehicle), and identify the vehicle’s model year, plant code, and sequential production number. NHTSA has contracted with SAE International of Warrendale, Pennsylvania, to coordinate the assignment of manufacturer identifiers to manufacturers in the United States. Each manufacturer of vehicles subject to the requirements of Part 565 must submit, either directly or through an agent, the unique identifier for each make and type of vehicle it manufactures at least 60 days before affixing the first VIN using the identifier. Manufacturers are also E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules required to submit to NHTSA information necessary to decipher the characters contained in their VINs, including amendments to that information, at least 60 days prior to offering for sale the first vehicle identified by a VIN containing that information or if information concerning vehicle characteristics sufficient to specify the VIN code is unavailable to the manufacturer by that date, then within one week after that information first becomes available. With changes implemented in 2015, manufacturers have been able to make these submissions using an online portal on the agency’s website at https:// vpic.nhtsa.dot.gov/. In 2016, NHTSA received 1,054 submissions of VINdeciphering information under Part 565 from manufacturers. In 2017, NHTSA received 1,239 submissions. NHTSA estimates it will receive, on average, 15 submissions of VIN-deciphering information from replica manufacturers in the next three years. Based on these figures, NHTSA expects to receive approximately 1,254 Part 565 submissions from manufacturers in each of the next three years. Assuming that it would take one hour to produce a VIN deciphering submission, at an average cost of $33.98 per hour for the administrative and professional staff preparing and reviewing the submission,66 NHTSA estimates that it will cost vehicle manufacturers $42,610.92 to comply with the Part 565 requirements (1,254 submissions × $33.98 = $42,610.92). khammond on DSKJM1Z7X2PROD with PROPOSALS2 Part 567 The regulations in Part 567 specify the content and location of, and other requirements for, the certification label to be affixed to a motor vehicle, as required by the National Traffic and Motor Vehicle Safety Act,67 as amended (the Vehicle Safety Act) and the Motor Vehicle Information and Cost Savings Act,68 as amended (the Cost Savings Act), to address certification-related duties and liabilities, and to provide the consumer with information to assist him or her in determining which of the Federal motor vehicle safety standards (as found in 49 CFR part 571), bumper standards (as found in 49 CFR part 581, and Federal theft prevention standards 66 This estimate uses the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification # 27–3042). National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100—Motor Vehicle Manufacturing, May 2018, https://www.bls.gov/oes/ current/naics4_336100.htm#47-0000, last accessed July 1, 2019. 67 49 U.S.C. 30115. 68 49 U.S.C. 30254 and 33109. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 (as found in 49 CFR part 541) are applicable to the vehicle. The regulations pertain to manufacturers of motor vehicles to which one or more standards are applicable, including persons who alter such vehicles prior to their first retail sale, and to Registered Importers of vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards that are determined eligible for importation by NHTSA, based on the vehicles’ capability of being modified to conform to those standards. The regulations require each manufacturer to affix to each vehicle, in a prescribed location, a label that, among other things, identifies the vehicle’s manufacturer (defined as the person who assembles the vehicle), the vehicle’s date of manufacture, and the statement that the vehicle complies with all applicable Federal motor vehicle safety standards and, where applicable, bumper and theft prevention standards in effect on the date of manufacture. The label must also include the vehicle’s gross vehicle and gross axle weight ratings (GVWR and GAWRs), vehicle identification number, and vehicle type classification (i.e., passenger car, multipurpose passenger vehicle, truck, bus, trailer, motorcycle, low-speed vehicle). The regulations specify other labelling requirements for incomplete vehicle, intermediate, and final-stage manufacturers of vehicles built in two or more stages, such as commercial trucks that are built by adding work performing components, such as a cargo box or cement mixer, to a previously manufactured chassis or chassis-cab, and to persons who alter previously certified vehicles, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, before the first purchase of the vehicle for purposes other than resale. As NHTSA estimates that fewer than 8,00 replica vehicles will be manufactured in each year, the implementation of the replica provision is not expected to change the estimate that 17,600,000 vehicles will be labeled according to Part 567 in each of the next three years. Description of the Likely Respondents (Including Estimated Number and Proposed Frequency of Responses to the Collection of Information): The agency estimates that it will receive 1,254 submissions of VIN-deciphering information under Part 565 from approximately 629 manufacturers of motor vehicles per year. The manufacturers need only submit the required information on a one-time PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 815 basis, with the proviso that they notify the agency of any changes in the information on file within 30 days from the date that any change in that information occurs. In addition, the agency estimates that approximately 7,600 manufacturers of motor vehicles of all types, including manufacturers of passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, motorcycles, low-speed vehicles, and replica motor vehicles as well as incomplete vehicle manufacturers, intermediate and final-stage manufacturers of vehicles built in two or more stages, and vehicle alterers, will need to comply with the certification labeling requirements of Part 567 in each of the next three years. Estimate of the Total Annual Reporting and Recordkeeping Burden of the Collection of Information: 1,254 hours for supplying required VINdeciphering information to NHTSA under Part 565; 88,000 hours for meeting the labeling requirements of Part 567. Estimate of the Total Annual Costs of the Collection of Information: Assuming that the Part 565 information is submitted to the agency’s website by company officers or employees compensated at an average rate of $33.98 69 per hour using the Bureau of Labor’s mean hourly wage estimate for technical writers in the motor vehicle manufacturing industry (Standard Occupational Classification #27– 3042),70 the agency estimates that $42,610.92 will be expended on an annual basis by all manufacturers required to submit that information (1,254 hours × $33.98 = $42,610.92). Additionally, NHTSA assumes that it will take an average of .005 hours to affix a certification label to each of the approximately 17,600,000 vehicles produced each year for sale in the United States, at an average cost of $22.94,71 using the Bureau of Labor Statistic’s mean hourly wage estimate for motor vehicle assemblers and fabricators (Standard Occupational Classification #51–2000).72 Therefore, the agency estimates that roughly $2,018.720 will be expended by all manufacturers to comply with the labeling requirements of Part 567 69 National Industry-Specific Occupational Employment and Wage Estimates NAICS 336100— Motor Vehicle Manufacturing, May 2018, https:// www.bls.gov/oes/current/naics4_336100.htm#470000, last accessed July 1, 2019. 70 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. 71 Occupational Employment and Wages, May 2018, https://www.bls.gov/oes/current/ oes434031.htm, last accessed July 1, 2019. 72 U.S. Office of Management and Budget. Standard Occupation Classification Manual, 2018. E:\FR\FM\07JAP2.SGM 07JAP2 816 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 (17,600,000 vehicles × .005 hours = 88,000 hours; 88,000 hours × $20.00 = $2,018.720). The total hourly wage cost associated with this information collection is $2,061,330.92. The Bureau of Labor Statistics estimates that for private industry workers, wages represent 70.1% of total compensation.73 Therefore, the total cost associated with the hourly burden of this information collection is estimated to be $2,940,557.66. Comments are invited on: i. Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ii. The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; iii. How to enhance the quality, utility, and clarity of the information to be collected; iv. How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Please submit any comments, identified by the docket number in the heading of this document, by the methods described in the ADDRESSES section of this document to NHTSA and OMB. Plain Language E.O. 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this proposal. 73 Employer Costs for Employee CompensationMarch 2019, https://www.bls.gov/news.release/pdf/ ecec.pdf, last accessed June 28, 2019. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Regulation Identifier Number (RIN) The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an organization, business, labor union, etc.). You may review DOT’s complete Privacy Act statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://www.dot.gov/ privacy.html. XIV. Public Participation How long do I have to submit comments? We are providing a 30-day comment period. The comment period is shorter than the customary 45-day comment period used by the agency for nonsignificant rulemakings. A shorter comment period is in the public interest because it will allow us to issue a final rule more quickly and allow qualifying low-volume manufacturers to begin manufacturing replica motor vehicles sooner. We do not believe a longer comment period is necessary for the public to consider this proposal because most of the proposed requirements are mandated or contemplated by the FAST Act. How do I prepare and submit comments? • Your comments must be written in English. • To ensure that your comments are correctly filed in the Docket, please include the Docket Number shown at the beginning of this document in your comments. • Your comments must not be more than 15 pages long. (49 CFR 553.21). We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. • If you are submitting comments electronically as a PDF (Adobe) File, NHTSA asks that the documents be PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 submitted using the Optical Character Recognition (OCR) process, thus allowing NHTSA to search and copy certain portions of your submissions. Comments may be submitted to the docket electronically by logging onto the Docket Management System website at http://www.regulations.gov. Follow the online instructions for submitting comments. • You may also submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES. Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB’s guidelines may be accessed at http://www.whitehouse.gov/ omb/fedreg/reproducible.html. DOT’s guidelines may be accessed at http:// www.bts.gov/programs/statistical_ policy_and_research/data_quality_ guidelines. How can I be sure that my comments were received? If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. How do I submit confidential business information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given above under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR part 512). E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules Will the agency consider late comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments that Docket Management receives after that date. If Docket Management receives a comment too late for us to consider in developing a final rule, we will consider that comment as an informal suggestion for future rulemaking action. How can I read the comments submitted by other people? You may read the comments received by Docket Management at the address given above under ADDRESSES. The hours of the Docket are indicated above in the same location. You may also see the comments on the internet. To read the comments on the internet, go to http://www.regulations.gov. Follow the online instructions for accessing the dockets. Please note that, even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. List of Subjects 49 CFR Part 565 Incorporation by reference, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 566 Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 567 Labeling, Motor vehicle safety, Reporting and recordkeeping requirements. khammond on DSKJM1Z7X2PROD with PROPOSALS2 49 CFR Part 586 Labeling, Motor vehicle safety, Replica motor vehicles, Reporting and recordkeeping requirements. In consideration of the foregoing, NHTSA proposes to amend 49 CFR chapter V as follows: PART 565—VEHICLE IDENTIFICATION NUMBER (VIN) REQUIREMENTS 1. The authority citation for part 565 is revised to read as follows: ■ Authority: 49 U.S.C. 322, 30111, 30114, 30115, 30117, 30141, 30146, 30166, and 30168; delegation of authority at 49 CFR 1.95. ■ 2. Revise § 565.12 to read as follows: VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 § 565.12 Definitions. (a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3. (b) Other definitions. As used in this part— Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargocarrying features and the roofline (e.g., sedan, fastback, hatchback). Check digit means a single number or the letter X used to verify the accuracy of the transcription of the vehicle identification number. Engine type means a power source with defined characteristics such as fuel utilized, number of cylinders, displacement, and net brake horsepower. The specific manufacturer and make shall be represented if the engine powers a passenger car or a multipurpose passenger vehicle, or truck with a gross vehicle weight rating of 4,536 kg (10,000 lb) or less. High-volume manufacturer, for purposes of this part, means a manufacturer of 1,000 or more vehicles of a given type each year. Incomplete vehicle means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle. Line means a name that a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type. Low-volume manufacturer, for purposes of this part, means a manufacturer of fewer than 1,000 vehicles of a given type each year. Make means a name that a manufacturer applies to a group of vehicles or engines. Manufacturer means a person— (1) Manufacturing or assembling motor vehicles or motor vehicle equipment; or (2) Importing motor vehicles or motor vehicle equipment for resale. Manufacturer identifier means the first three digits of a VIN of a vehicle manufactured by a high-volume manufacturer, and the first three digits of a VIN and the twelfth through fourteenth digits of a VIN of a vehicle PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 817 manufactured by a low-volume manufacturer. Model means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series and body type. Model year means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months. Original model year of a replicated vehicle means the stated model year of a vehicle that has been replicated pursuant to 49 CFR part 586. Plant of manufacture means the plant where the manufacturer affixes the VIN. Replica motor vehicle means a motor vehicle meeting the definition of replica motor vehicle in 49 CFR part 586. Replica model year means the calendar year in which a replica motor vehicle was manufactured. Series means a name that a manufacturer applies to a subdivision of a ‘‘line’’ denoting price, size or weight identification and that is used by the manufacturer for marketing purposes. Trailer kit means a trailer that is fabricated and delivered in complete but unassembled form and that is designed to be assembled without special machinery or tools. Type means a class of vehicle distinguished by common traits, including design and purpose. Passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, low speed vehicles, and motorcycles are separate types. VIN means a series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identification purposes. ■ 3. In § 565.15(b), amend Table I— Type of Vehicle and Information Decipherable by adding an entry for ‘‘Replica motor vehicle’’ after the entry for ‘‘Low speed vehicle’’ to read as follows: 565.15 [Amended] (b) * * * TABLE I—TYPE OF VEHICLE AND INFORMATION DECIPHERABLE * * * * * Replica motor vehicle: The make, model, and model year of the original replicated vehicle; and the information listed in this table for the vehicle’ type classification (e.g., if the replica meets the definition for passenger car in 49 CFR 571.3, the following information is required: body type; engine type; and all restraint devices and their locations). E:\FR\FM\07JAP2.SGM 07JAP2 818 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules this chapter), Bumper Standards (part TABLE I—TYPE OF VEHICLE AND INFORMATION DECIPHERABLE—Contin- 581 of this chapter), and Federal Theft Prevention Standards (part 541 of this ued chapter), are applicable to the vehicle. 8. Amend § 567.3 by adding in alphabetical order a definition for ‘‘Replica motor vehicle’’ to read as follows: ■ * * * * * * * * * * PART 566—MANUFACTURER IDENTIFICATION § 567.3 4. The authority citation for part 566 is revised to read as follows: ■ Authority: National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30166) and Sec. 24405(a) of the Fixing America’s Surface Transportation Act (49 U.S.C. 30114(b)); delegation of authority at 49 CFR 1.95. 5. Amend § 566.5 by revising the introductory text and adding paragraph (c)(4) to read as follows: ■ § 566.5 Requirements. Each manufacturer of motor vehicles, and each manufacturer of covered equipment, shall furnish the information specified in paragraphs (a) through (c) of this section to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590 or at https:// vpic.nhtsa.dot.gov/. * * * * * (c) * * * (4) In the case of replica motor vehicles, the manufacturer shall include, in the description of each type of motor vehicle it manufactures, a designation that the vehicle is a replica motor vehicle. PART 567—CERTIFICATION 6. The authority citation for part 567 is revised to read as follows: ■ Authority: 49 U.S.C. 322, 30111, 30114, 30115, 30117, 30166, 32504, 33101–33104, 33108 and 33109; delegation of authority at 49 CFR 1.95. ■ 7. Revise § 567.1 to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 567.1 Purpose. The purpose of this part is to specify the content and location of, and other requirements for, the certification label to be affixed to motor vehicles as required by the National Traffic and Motor Vehicle Safety Act, as amended (the Vehicle Safety Act) (49 U.S.C. 30114 and 30115) and the Motor Vehicle Information and Cost Savings Act, as amended (the Cost Savings Act), (49 U.S.C. 30254 and 33109), to address certification-related duties and liabilities, and to provide the consumer with information to assist him or her in determining which of the Federal Motor Vehicle Safety Standards (part 571 of VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Definitions. * * * * * Replica motor vehicle means a motor vehicle meeting the definition of replica motor vehicle in 49 CFR part 586. ■ 9. Revise § 567.4(a) to read as follows: § 567.4 Requirements for manufacturers of motor vehicles. (a) Each manufacturer of motor vehicles (except replica motor vehicles or vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described in this section, containing the statements specified in paragraph (g) of this section. * * * * * ■ 10. Add § 567.8 to read as follows: § 567.8 Requirements for manufacturers of replica motor vehicles. (a) Each manufacturer of replica motor vehicles shall affix to each vehicle a label, of the type and in the manner described in this section, containing the statements specified in paragraph (e) of this section. (b) The label shall be riveted or permanently affixed in such a manner that it cannot be removed without destroying or defacing it. (c) The label shall be affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver’s seating position, or if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver’s seating position. If none of the preceding locations is practicable, notification of that fact, together with drawings or photographs showing a suggested alternate location in the same general area, shall be submitted for approval to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door. (d) The lettering on the label shall be of a color that contrasts with the background of the label. (e) The label shall contain the following information and statements, PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown: (1) Name of manufacturer: The full corporate or individual name of the actual assembler of the vehicle shall be spelled out, except that such abbreviations as ‘‘Co.’’ or ‘‘Inc.’’ and their foreign equivalents, and the first and middle initials of individuals, may be used. The name of the manufacturer shall be preceded by the words ‘‘Manufactured By’’ or ‘‘Mfd By.’’ (2) Month and year of manufacture: This shall be the time during which work was completed at the place of main assembly of the vehicle. It may be spelled out, as ‘‘June 2000,’’ or expressed in numerals, as ‘‘6/00.’’ (3) ‘‘Gross Vehicle Weight Rating’’ or ‘‘GVWR’’ followed by the appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the number of the vehicle’s designated seating positions. (4) ‘‘Gross Axle Weight Rating’’ or ‘‘GAWR,’’ followed by the appropriate value in pounds, for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the manufacturer, be stated as a single value, with the label indicating to which axles the ratings apply. Examples of combined ratings: GAWR: (a) All axles—2,400 kg (5,290 lb.) with LT245/75R16(E) tires. (b) Front—5,215 kg (11,500 lb.) with 295/75R22.5(G) tires. First intermediate to rear—9,070 kg (20,000 lb.) with 295/75R22.5(G) tires. (5) The following statement: ‘‘This vehicle is a replica motor vehicle that replicates a [insert make and model of the replicated motor vehicle] originally manufactured in model year [insert year].’’ (6) The following statement: ‘‘This replica motor vehicle is exempt from the following Federal motor vehicle safety, theft prevention, and bumper standards in effect on [insert the date of manufacture of the replica motor vehicle] for [insert replica’s type of motor vehicle (e.g., passenger cars)].’’ The expression ‘‘U.S.’’ or ‘‘U.S.A.’’ may be inserted before the word ‘‘Federal.’’ List all standards that the vehicle has been granted an exemption from under part 586. (7) Vehicle identification number. ■ 11. Add part 586 to read as follows: E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules § 586.3 PART 586—REPLICA MOTOR VEHICLES Sec. 586.1 586.2 586.3 586.4 586.5 586.6 586.7 586.8 586.9 586.10 586.11 586.12 586.14 Scope. Purpose. Applicability. Definitions. General requirements. Registration. Timing for processing registrations. Deemed approved registrations. Updating existing registrations. Written notice. Temporary label. Annual report. Revocation of registrations. Authority: 49 U.S.C. 30112 and 30114; delegation of authority at 49 CFR 1.95. § 586.1 Scope This part specifies requirements and procedures under 49 U.S.C. 30114(b) for the registration of low-volume manufacturers as replica motor vehicle manufacturers and establishes the duties of the manufacturers. Once approved, replica motor vehicle manufacturers are granted a conditional exemption from 49 U.S.C. 30112(a), 32304, 32502, and 32902 and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) to produce up to 325 replica motor vehicles. That is replica motor vehicles granted an exemption under this part are exempt from all applicable Federal motor vehicle safety standards in part 571 of this chapter (except for standards applicable to motor vehicle equipment), passenger motor vehicle country of origin labeling requirements, bumper standards, average fuel economy standards, and vehicle labeling and safety rating disclosure requirements. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 586.2 Purpose. The purpose of this part is to implement a program under 49 U.S.C. 30114(b) to annually exempt not more than 325 replica motor vehicles per year that are manufactured or imported by low-volume manufacturers from existing requirements for motor vehicles. This part specifies eligibility requirements for low-volume manufacturers that wish to register with NHTSA as a replica motor vehicle manufacturer, procedures for the registration of such manufacturers, content and format requirements for registration submissions, and requirements for updating registrations. This part also provides for the revocation of registrations and sets forth the duties required of replica vehicle manufacturers. Manufacturers are not exempted under 49 U.S.C. 30114(b) unless they register with NHTSA pursuant to this part 586. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 Applicability. This part applies to low-volume manufacturers that wish to register with NHTSA as a replica motor vehicle manufacturer, and to manufacturers registered as replica motor vehicle manufacturers. § 586.4 Definitions. All terms in this part that are defined in 49 U.S.C. 30102 and in 49 CFR 571.3 are used as defined therein. Low-volume manufacturer is defined in 49 U.S.C. 30114(b)(7). Original model year of a replicated vehicle means the stated model year of a vehicle that has been replicated pursuant to 49 CFR part 586. Replica motor vehicle manufacturer means a low-volume manufacturer that is registered as a replica motor vehicle manufacturer pursuant to the requirements in this part. Replica model year means the calendar year in which a replica motor vehicle was manufactured. Replica motor vehicle means a motor vehicle that— (1) Is produced by a manufacturer meeting the definition of replica motor vehicle manufacturer under 49 CFR part 586 that has not manufactured 325 replica motor vehicles in the current calendar year; and (2) Is intended to resemble the body of another motor vehicle that was manufactured for consumer sale not less than 25 years before the manufacture of the replica motor vehicle; and (3) Is either: (i) Manufactured under a license for all of the intellectual property rights of the motor vehicle that is intended to be replicated, including, but not limited to, product configuration, trade dress, trademark, and patent, from the original manufacturer, or its successors or assignees; or, (ii) Manufactured by a current owner of such intellectual property, including, but not limited to, product configuration trade dress, trademark, and patent rights. § 586.5 (a) Each manufacturer wishing to register as a replica motor vehicle manufacturer must have a calendar year, worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, of not more than 5,000 motor vehicles, and must not be a registered importer under 49 CFR part 592. Only one registration is permitted for manufacturers sharing common ownership. If a manufacturer wishes to manufacture replica vehicles and it shares common ownership with a registered replica motor vehicle, it PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 may only do so after the registered replica manufacturer submits a revised registration submission indicating that the exemption for 325 replica vehicles will be divided between the manufacturers. Replica manufacturers sharing common ownership will be limited to a total of 325 replica vehicles. An update to a registration to add a manufacturer under common ownership shall allocate the exemption for 325 replica vehicles between the manufacturers. An update to the registration to adjust the allocation must be made pursuant to § 586.9. (b) Each manufacturer wishing to manufacture replica motor vehicles under this program must be registered, according to the requirements in 49 CFR 586.6, as a replica motor vehicle manufacturer for the calendar year in which the replica motor vehicle is manufactured. (c) Each replica motor vehicle manufacturer shall meet all statutory and regulatory requirements applicable to motor vehicle manufacturers, except: (1) 49 U.S.C. 30112(a) regarding the Federal motor vehicle safety standards applicable to vehicles in effect on the date of manufacture of the replica motor vehicle; and (2) 49 U.S.C. 32304, 32502, 32902 and 15 U.S.C. 1232. (d) Each replica motor vehicle manufacturer shall: (1) Meet all the requirements set forth in this part; and, (2) Not manufacture more than 325 replica motor vehicles in a calendar year. (e) Each replica motor vehicle, as manufactured, shall closely resemble the original replicated vehicle. (f) An exemption granted by NHTSA may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the replica motor vehicle manufacturer to vehicles built during that calendar year. § 586.6 General requirements. 819 Registration. (a) A manufacturer may register under this part as a manufacturer of replica motor vehicles if: (1) The manufacturer is not registered as an importer under 49 CFR part 592; (2) The manufacturer’s annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles; (3) The manufacturer has submitted manufacturer identification information pursuant to part 566 of this chapter. (b) To register as a replica motor vehicle manufacturer, a manufacturer E:\FR\FM\07JAP2.SGM 07JAP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 820 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules must submit, using the NHTSA Product Information Catalog and Vehicle Listing (vPIC) platform (https:// vpic.nhtsa.dot.gov/) its name, address, and email address, and the following: (1) Information sufficient to establish: (i) That the manufacturer’s annual world-wide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles, and a statement certifying to that effect, including the total number of motor vehicles produced by or on behalf of the registrant in the 12-month prior to filing the registration; and, (ii) That the manufacturer is not registered as an importer under 49 CFR part 592; (2) A statement identifying the original vehicle(s) the manufacturer intends to replicate by make, model, and model year; (3) Information sufficient to establish that the replica vehicle(s) the manufacturer intends to replicate is intended to resemble the body of the original vehicle, including: (i) The images of the front, rear, and side views of the exterior of the original vehicle; (ii) If the manufacturer has previously replicated the original vehicle(s), images of the front, rear, and side views of the exterior of a representative replica motor vehicle; (iii) If the manufacturer has not previously replicated the original vehicle(s), design plans for the replica vehicles; (iv) Information to show that the replica vehicle will be the same height, width, and length as the original vehicle; and (v) If any deviations were made to accommodate safety features, highlight those deviations for NHTSA’s consideration. (4) A certification that the manufacturer has determined the intellectual property rights required and obtained all licenses and permissions necessary to legally produce the replica and documentation to support that it has obtained the required licenses from the original manufacturer, its successors or assignees, or the current owner of any product configuration, trade dress, trademark, or patent necessary to produce the replicated vehicle. The intellectual property rights for the original vehicle may include, but are not limited to, the following: (i) Trade dress of the vehicle; (ii) Trademarks for the body style of the vehicle; (iii) Patents for the vehicle’s exterior shape or features; and/or VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 (iv) Trademarks for make and/or model names used in connection with the manufacturer and sale of the original vehicle. (5) A statement certifying that the manufacturer will not manufacture more than the number of replica motor vehicles covered by the requested exemption, a number not more than 325 replica motor vehicles in a calendar year; and, (6) All information required by part 566 of this chapter to identify itself to NHTSA as a motor vehicle manufacturer. (7) A statement certifying that the manufacturer understands that information provided under this part is information upon which the Federal Government will rely, and that submission of false, fictitious or fraudulent information may result in civil or criminal penalties under 18 U.S.C. 1001. (c) A manufacturer is not considered registered under this part 586 until it receives written confirmation from NHTSA that: (1) The registration is approved; or, (2) The registration is deemed approved by NHTSA’s failure to approve or deny the registration pursuant to § 586.7. (d) A replica manufacture shall submit an updated registration submission prior to beginning manufacture of any replica vehicle model(s) not covered by their existing registration and will not begin manufacturing those additional replica vehicle model(s) until the registration is either approved or deemed approved as specified under § 586.9. (e) A registrant need not reapply annually if the registrant seeks to manufacture the same replica vehicles (make, model and model year) for which it received approval. The registrant must provide notification, by way of its annual report pursuant to § 586.12, of its intent to continue manufacturing covered replica vehicles. § 586.7 Timing for processing registrations. Upon receipt of a registration submitted on vPIC, NHTSA will notify the registrant within 90 days, in writing which includes by email, whether the registration is approved or denied. If notification is not sent to the registrant within 90 days from NHTSA’s receipt of the submission, the registration will be deemed approved pursuant to § 586.6(c) unless: (a) NHTSA determines that the submission is incomplete. If NHTSA notifies the registrant, in writing which includes by email, within 90 days that PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 the submission is incomplete, the manufacturer shall have 60 days to submit the missing information. If the manufacturer fails to submit additional information, the registration will be denied. (1) Upon receipt of additional information, NHTSA shall have 30 days plus the remaining time of the initial 90 days to review and grant or deny the registration. For example, if NHTSA notifies the manufacturer that registration is incomplete on the 30th day, NHTSA shall have the remaining 60 days plus 30 days to review the registration upon receipt of additional information. (2) A registration shall be denied if NHTSA requests additional information from the registrant necessary to complete the registration and the manufacturer does not submit information sufficient to complete the registration within 60 days. (b) The submission is repetitious. A repetitious registration submission is one that relies on the same facts and circumstances as a previously denied registration. § 586.8 Deemed approved registrations. (a) If a manufacturer believes that its registration is deemed approved by NHTSA’s failure to approve or deny the registration pursuant to § 586.7, the manufacturer must obtain written confirmation from NHTSA that its registration is deemed approved. If NHTSA confirms that the registration is deemed approved, NHTSA shall include each deemed approved registrant’s name on NHTSA’s published list of registrants. If NHTSA cannot find any record of the registration submitted on vPIC, NHTSA will inform the manufacturer in writing that the registration has not been deemed approved. (b) If NHTSA determines that a registration, deemed approved by a failure to approve or deny the registration within the allotted time, is incomplete or does not provide a basis for qualifying as a registrant, NHTSA may request additional information from the registrant, in writing which includes by email. A manufacturer shall have 60 days to respond to a request for additional information. If the manufacturer fails to respond within the 60 days or submits information that does not support qualification as a lowvolume manufacturer of replica vehicles, NHTSA may revoke the registration. § 586.9 Updating existing registrations. A registered replica manufacturer shall submit updated registration E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules information prior to commencing manufacturer of a new model of replica vehicle or reallocating the number of replica vehicles to be made by two or more replica manufacturers under common ownership. The manufacturer shall submit updated registration information pursuant to § 586.6. The manufacturer may not begin producing the new model of replica vehicle or reallocate replica vehicles until its registration is either approved or deemed approved by NHTSA. § 586.10 Written notice. Each replica motor vehicle manufacturer must provide the dealer and first retail purchaser the following information, either in the owner’s manual or a separate document: (a) A list of all current standards and regulations the vehicle would be required to comply with but with which it does not comply due to this exemption; (b) The purpose statements of each such standard or regulation, as provided in Table 1 of this part. § 586.11 Temporary label. The vehicle shall have a label attached to a location on the dashboard or the steering wheel hub that is clearly visible from all front seating positions. The label need not be permanently affixed to the vehicle. The label shall meet the following requirements: (a) The label shall include a heading area in yellow with an alert symbol consisting of a solid black equilateral triangle with a yellow exclamation point and the word ‘‘WARNING’’ in black block capitals in a type size that is larger than that used in the remainder of the label and the alert symbol in black. (b) The label shall include a message area in white with black text in at least 20-point font stating: ‘‘This vehicle is a replica motor vehicle and is exempt from complying with all current Federal motor vehicle safety standards that apply to motor vehicles, and with theft prevention and bumper standards in effect on the date of manufacture. [The expression ‘‘U.S.’’ or ‘‘U.S.A.’’ may be inserted before the word ‘‘Federal’’.] See the certification label or consumer disclosure for more specific information.’’ (c) The message area shall be no less than 30 cm2 (4.7 in2). § 586.12 Annual report. Each manufacturer of a replica motor vehicle shall furnish the following information to https:// vpic.nhtsa.dot.gov/ no later than March 1 following the end of a calendar year in which the manufacturer produced at least 1 (one) replica motor vehicle: (a) Full individual, partnership or corporate name of the manufacturer. (b) Residence address of the manufacturer, phone number and email address. (c) The calendar year for which the annual report is submitted (replica model year) and the total number of replica vehicles manufactured during that year. (d) The complete Vehicle Identification Number (VIN) of each replica vehicle manufactured. (e) List of the different versions of replica motor vehicles produced by make, model, and original model year of replicated vehicle. (f) List of the FMVSS and regulations from which each version of replica vehicle (by make, model, and original model year of replicated vehicle) is exempt. (g) Images of the front, rear, and side views of the original vehicle(s) replicated, of both the vehicle’s exterior, and images of the same views of a representative replica manufactured to resemble each original vehicle. (h) Information sufficient to establish that the replica motor vehicles, as 821 manufactured, resemble the body of the original vehicle. (i) State whether the replica vehicles contain any of the following vehicle safety features: (1) Front or side air bags; (2) Lap or lap and shoulder belts; (3) Advanced safety systems/passive safety systems (listed with locations); (4) Electronic stability control; (5) Rear visibility camera system; or (6) Ejection mitigation. (j) Notification to NHTSA if the registrant will be manufacturing the same replica motor vehicle(s) in the next calendar year and if so, how many vehicles it will be manufacturing. If the manufacturer intends to continue manufacturing replica motor vehicle(s), the manufacturer must also submit information sufficient to establish that their annual world-wide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles, and a statement certifying to that effect, including the total number of motor vehicles produced by or on behalf of the registrant in the 12-month prior to filing the registration. § 586.13 Revocation of registrations. NHTSA may require registrants to provide information at any time demonstrating compliance with the requirements of this part. NHTSA may revoke an existing registration or deny a registration based on a failure to comply with requirements of this part or a finding of a safety-related defect or unlawful conduct under 49 U.S.C. Chapter 301 et seq. that poses a significant safety risk. Prior to the revocation of the registration, NHTSA will provide the registrant a reasonable opportunity to correct deficiencies, if such are correctable, based on the sole discretion of NHTSA. Tables to Part 586 TABLE 1—PURPOSE STATEMENTS FOR INCLUSION IN CONSUMER DISCLOSURE 49 CFR 571.101; Controls and displays ............. khammond on DSKJM1Z7X2PROD with PROPOSALS2 49 CFR 571.102; Transmission shift position sequence, starter interlock, and transmission braking effect. 49 CFR 571.103; Windshield defrosting and defogging systems. 49 CFR 571.104; Windshield wiping and washing systems. 49 CFR 571.105; Hydraulic and electric brake systems. VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 The purpose of this standard is to ensure that motor vehicle controls, telltales, and indicators are accessible, visible, and recognizable. This is to help users select the proper controls under daytime and nighttime conditions to reduce safety hazards caused by the diversion of the driver’s attention from the driving tasks, and mistakes in selecting controls. The purpose of this standard is to specify the requirements for the transmission shift position sequence, a starter interlock, and for braking effect of automatic transmissions, to reduce the likelihood of shifting errors, to prevent starter engagement by the driver when the transmission is any driver position, and to provide supplemental braking at speeds below 40 kilometers per hour (25 miles per hour). The purpose of this standard is to specify requirements for windshield defrosting and defogging systems. The purpose of this standard is to specify requirements for windshield wiping and washing systems. The purpose of this standard is to insure safe braking performance under normal and emergency conditions by specifying requirements for hydraulic and electric service brake systems, and associated parking brake systems. PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\07JAP2.SGM 07JAP2 822 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules TABLE 1—PURPOSE STATEMENTS FOR INCLUSION IN CONSUMER DISCLOSURE—Continued 49 CFR 571.106; Brake hoses ........................... 49 CFR 571.108; Lamps, reflective devices, and associated equipment. 49 CFR 571.110; Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. 49 CFR 571.111; Rear visibility .......................... 49 CFR 571.113; Hood latch system .................. 49 CFR 571.114; Theft protection and rollaway prevention. 49 CFR 571.116; Motor vehicle brake fluids ...... 49 CFR 571.118; Power-operated window, partition, and roof panel systems. 49 CFR 571.120; Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). 49 CFR 571.121; Air brake systems ................... 49 CFR 571.122; Motorcycle brake systems ...... 49 CFR 571.122a; Motorcycle brake systems .... 49 CFR 571.123; Motorcycle controls and displays. 49 CFR 571.124; Accelerator control systems ... 49 CFR 571.126; Electronic stability control systems. 49 CFR 571.131; School bus pedestrian safety devices. 49 CFR 571.135; Light vehicle brake systems ... 49 CFR 571.136; Electronic stability control systems for heavy vehicles. 49 CFR 571.138; Tire pressure monitoring systems. 49 CFR 571.141; Minimum Sound Requirements for Hybrid and Electric Vehicles. khammond on DSKJM1Z7X2PROD with PROPOSALS2 49 CFR 571.201; Occupant protection in interior impact. 49 CFR 571.202a; Head restraints; Mandatory applicability begins on September 1, 2009. 49 CFR 571.203; Impact protection for the driver from the steering control system. 49 CFR 571.204; Steering control rearward placement. 49 CFR 571.205; Glazing materials .................... 49 CFR 571.206; Door locks and door retention components. 49 CFR 571.207; Seating systems ..................... 49 CFR 571.208; Occupant crash protection ..... VerDate Sep<11>2014 16:30 Jan 06, 2020 Jkt 250001 The purpose of this standard is to reduce deaths and injuries occurring as a result of brake system failure from pressure or vacuum loss due to hose or hose assembly rupture. The purpose of this standard is to reduce traffic accidents and deaths and injuries resulting from traffic accidents, by providing adequate illumination of the roadway, and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood, both in daylight and in darkness or other conditions of reduced visibility. The purpose of this standard is to specify requirements for tire selection to prevent tire overloading and motor home/recreation vehicle trailer load carrying capacity information. The purpose of this standard is to reduce the number of deaths and injuries that occur when the driver of a motor vehicle does not have a clear and reasonably unobstructed view to the rear. The purpose of this standard is to establish the requirement that each passenger car, multipurpose passenger car, truck and bus provides a hood latch system or hood latch systems. The purpose of this standard is to decrease the likelihood that a vehicle is stolen or accidently set in motion. The purpose of this standard is to reduce failures in the hydraulic braking systems of motor vehicles which may occur because of the manufacture or use of improper or contaminated fluid. The purpose of this standard is to minimize the likelihood of death or injury from accidental operation of power operated windows, partitions, and roof panel systems. The purpose of this standard is to provide safe operational performance by ensuring that vehicles to which it applies are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation and by ensuring that consumers are informed of motor home/recreation vehicle trailer load carrying capacity. The purpose of this standard is to ensure safe braking performance under normal and emergency conditions. The purpose of this standard is to ensure safe motorcycle braking performance under normal and emergency riding conditions. The purpose of this standard is to ensure safe motorcycle braking performance under normal and emergency riding conditions. The purpose of this standard is to minimize accidents caused by operator error in responding to the motoring environment, by standardizing certain motorcycle controls and displays. The purpose of this standard is to reduce deaths and injuries resulting from engine overspeed caused by malfunctions in the accelerator control system. The purpose of this standard is to reduce the number of deaths and injuries that result from crashes in which the driver loses directional control of the vehicle, including those resulting in vehicle rollover. The purpose of this standard is to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the bus. The purpose of this standard is to ensure safe braking performance under normal and emergency driving conditions. The purpose of this standard is to reduce crashes caused by rollover or by directional loss-ofcontrol. The purpose of this standard is to specify performance requirements for tire pressure monitoring systems (TPMSs) to warn drivers of significant under-inflation of tires and the resulting safety problems. The purpose of this standard is to reduce the number of injuries that result from electric and hybrid vehicle crashes with pedestrians by providing a sound level and sound characteristics necessary for these vehicles to be detected and recognized by pedestrians. The purpose of this standard is to require that vehicles provide impact protection to occupants. The purpose of this standard is to reduce the frequency and severity of neck injuries in rearend and other collisions by specifying requirements for head restraints. The purpose of this standard is to minimize chest, neck, and facial injuries to the driver as a result of impact with the steering control systems. The purpose of this standard is to reduce the likelihood of chest, neck, or head injury by limiting the rearward displacement of the steering control into the passenger compartment. The purpose of this standard is to reduce injuries resulting from impact to glazing surfaces, to ensure a necessary degree of transparency in motor vehicle windows for driver visibility, and to minimize the possibility of occupants being thrown through the vehicle windows in collisions. The purpose of this standard is to minimize the likelihood of occupants being rejected from the vehicle as a result of impact. The purpose of this standards is to minimize the possibility of seat failure by forces acting on them as a result of vehicle impact. The purpose of this standard is to reduce the number of deaths of vehicle occupants, and the severity of injuries, by specifying vehicle crashworthiness requirements in terms of forces and accelerations measured on anthropomorphic dummies in test crashes, and specifying equipment requirements for active and passive restraint systems. PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\07JAP2.SGM 07JAP2 Federal Register / Vol. 85, No. 4 / Tuesday, January 7, 2020 / Proposed Rules 823 TABLE 1—PURPOSE STATEMENTS FOR INCLUSION IN CONSUMER DISCLOSURE—Continued 49 CFR 571.210; Seat belt assembly anchorages. 49 CFR 571.212; Windshield mounting .............. 49 CFR 571.213; Child restraint systems ........... 49 CFR 571.214; Side impact protection ............ 49 CFR 571.216; Roof crush resistance; Applicable unless a vehicle is certified to § 571.216a. 49 CFR 571.216a; Roof crush resistance; Upgraded standard. 49 CFR 571.217; Bus emergency exits and window retention and release. 49 CFR 571.219; Windshield zone intrusion ...... 49 CFR 571.220; School bus rollover protection 49 CFR 571.221; School bus body joint strength 49 CFR 571.222; School bus passenger seating and crash protection. 49 CFR 571.224; Rear impact protection ........... 49 CFR 571.225; Child restraint anchorage systems. 49 CFR 571.226; Ejection Mitigation .................. 49 CFR 571.301; Fuel system integrity .............. 49 CFR 571.302; Flammability of interior materials. 49 CFR 571.303; Fuel system integrity of compressed natural gas vehicles. 49 CFR 571.304; Compressed natural gas fuel container integrity. 49 CFR 571.305; Electric-powered vehicles: Electrolyte spillage and electrical shock protection. 49 CFR 571.401; Interior trunk release .............. khammond on DSKJM1Z7X2PROD with PROPOSALS2 49 CFR 571.404; Platform lift installations in motor vehicles. 49 CFR 571.500; Low-speed vehicles ................ Issued in Washington, DC, on December 12, 2019. The purpose of this standard is to reduce the likelihood that seat belts will become disconnected from the vehicle frame during impact by specifying the location and strength performance of seat belt assembly anchorages. The purpose of this standard is to reduce crash injuries and fatalities by providing for retention of the vehicle windshield during a crash, thereby utilizing fully the penetration residence and injury-avoidance properties of the windshield glazing material and preventing the ejection of occupants from the vehicle. The purpose of this standard is to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. The purpose of this standard is to reduce the risk of serious and fatal injury to occupants, of passenger cars, multipurpose passenger vehicles, trucks, and buses in side impacts by specifying strength requirements for side doors, limiting the forces, deflections and accelerations measured on anthropomorphic dummies in test crashes, and by other means. The purpose of this standard is to reduce deaths and injuries due to the crushing of the roof into the occupant compartment in rollover crashes. The purpose of this standard is to reduce deaths and injuries due to the crushing of the roof into the occupant compartment in rollover crashes. The purpose of this standard is to minimize the likelihood of occupants being thrown from the bus and to provide accessible emergency exits. The purpose of this standard is to reduce crash injuries and fatalities that result from occupants contacting vehicle components displaced near or through the windshield. The purpose of this standard is to reduce the number of deaths and the severity of injuries that result from failure of the school bus body structure to withstand forces encountered in rollover crashes. The purpose of this standard is to reduce deaths and injuries resulting from the structural collapse of school bus bodies during crashes. The purpose of this standard is to reduce the number of deaths and the severity of injuries that result from the impact of school bus occupants against structures within the vehicle during crashes and sudden driving maneuvers. The purpose of this standard is to reduce the number of deaths and serious injuries occurring when light duty vehicles impact the rear of trailers and semitrailers with a GVWR of 4,536 kg or more. The purpose of this standard is to ensure the proper location and strength for the effective securing of child restraints, to reduce the likelihood of the anchorage systems’ failure, and to increase the likelihood that child restraints are properly secured and thus more fully achieve their potential effectiveness in motor vehicles. The purpose of this standard is to reduce the likelihood of complete or partial ejection of vehicle occupants through side windows during rollovers or side impact events. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after motor vehicle crashes, and resulting from ingestion of fuels during siphoning. The purpose of this standard is to reduce the deaths and injuries to motor vehicle occupants caused by vehicle fires, especially those originating in the interior of the vehicle from sources such as matches or cigarettes. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel leakage during and after motor vehicle crashes. The purpose of this standard is to reduce deaths and injuries occurring from fires that result from fuel leakage during and after motor vehicle crashes. The purpose of this standard is to reduce deaths and injuries during and after a crash that occurs because of electrolyte spillage from electric energy storage devices, intrusion of electric energy storage/conversion devices into the occupant compartment, and electrical shock. The purpose of this standard is to require providing a trunk release mechanism that allows a person trapped inside the trunk compartment of a passenger to escape from the compartment. The purpose of this standard is to prevent injuries and fatalities to passengers and bystanders during the operation of platform lifts installed in motor vehicles. The purpose of this standard is to ensure that low-speed vehicles operated on the public streets, roads, and highways are equipped with the minimum motor vehicle equipment appropriate for motor vehicle safety. Under authority delegated in 49 CFR part 1.95 and 49 CFR 501.4. James Clayton Owens, Acting Administrator. [FR Doc. 2019–27211 Filed 1–6–20; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 18:36 Jan 06, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 9990 E:\FR\FM\07JAP2.SGM 07JAP2

Agencies

[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Proposed Rules]
[Pages 792-823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27211]



[[Page 791]]

Vol. 85

Tuesday,

No. 4

January 7, 2020

Part II





Department of Transportation





-----------------------------------------------------------------------





 National Highway Traffic Safety Administration





-----------------------------------------------------------------------





49 CFR Parts 565, 566, 567, et al.





Replica Motor Vehicles; Vehicle Identification Number (VIN) 
Requirements; Manufacturer Identification; Certification; Proposed Rule

Federal Register / Vol. 85 , No. 4 / Tuesday, January 7, 2020 / 
Proposed Rules

[[Page 792]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 565, 566, 567, and 586

[Docket No. NHTSA-2019-0121]
RIN 2127-AL77


Replica Motor Vehicles; Vehicle Identification Number (VIN) 
Requirements; Manufacturer Identification; Certification

AGENCY: National Highway Traffic Safety Administration (NHTSA); 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Section 24405 of the Fixing America's Surface Transportation 
Act (FAST Act) amended the National Traffic and Motor Vehicle Safety 
Act (Safety Act) to direct the Secretary of Transportation (NHTSA by 
delegation) to exempt annually a limited number of replica motor 
vehicles manufactured or imported by low-volume manufacturers from 
Federal motor vehicle safety standards (FMVSS) that apply to motor 
vehicles, but not standards that apply to motor vehicle equipment. To 
implement the exemption program and the procedural mandates of the FAST 
Act, NHTSA is proposing, in a new Part 586, requirements for 
registering as a replica manufacturer, submitting annual reports, 
providing consumer disclosures, and labeling. NHTSA is proposing 
procedures to exempt replica vehicles produced by registrants from all 
the FMVSS that apply to new motor vehicles. This Notice of Proposed 
Rulemaking (NPRM) also proposes changes to Part 565, to require 
manufacturers to encode specific information into each replica 
vehicle's VIN, and to Parts 566 and 567 for manufacturer identification 
and vehicle certification, respectively.

DATES: You should submit your comments early enough to ensure that the 
docket receives them not later than February 6, 2020. In compliance 
with the Paperwork Reduction Act, NHTSA is also seeking comment on a 
new information collection and revisions to existing information 
collections. For additional information, see the Paperwork Reduction 
Act section under the Regulatory Notices and Analyses section below. 
All comments relating to the information collection requirements should 
be submitted to NHTSA and to the Office of Management and Budget (OMB) 
at the address listed in the ADDRESSES section on or before February 6, 
2020.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.

Regardless of how you submit your comments, please be sure to mention 
the docket number of this document.
    Comments on the proposed information collection requirements should 
be submitted to: Office of Management and Budget, Office of Information 
and Regulatory Affairs, Washington, DC 20503, Attn: Desk Officer for 
NHTSA. It is requested that comments sent to the OMB also be sent to 
the NHTSA rulemaking docket identified in the heading of this document.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation section of this document. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
under Rulemaking Notices and Analyses regarding documents submitted to 
the agency's dockets.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues and information 
concerning the information collections, you may contact Ms. Mary 
Versailles, Office of Rulemaking, by telephone at 202-366-2057. For 
legal issues, you may contact Ms. Callie Roach, Office of the Chief 
Counsel, by telephone at 202-366-2992. The mailing address of both 
officials is: National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, West Building, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background--Summary of Significant FAST Act Provisions
III. NHTSA's Proposed Replica Vehicle Program--Basics
    a. Overview
    b. Number of Exempted Vehicles Permitted
    c. Low-Volume Manufacturer Requirement
    d. Vehicles Built in Two or More Stages
IV. Relevant Definitions
    a. Low-Volume Manufacturer
    b. Replica Motor Vehicle
    1. Requirement To Resemble the Replicated Vehicle
    2. Requirement To Manufacture Under License Agreement for 
Intellectual Property Rights
V. Safety Requirements
    a. Equipment FMVSS
    b. Considered Requirements
    c. Safety-Related Defects
VI. Registration Requirements
VII. Other Administrative Requirements
    a. Manufacturer Identification Requirements (49 CFR Part 566)
    b. Manufacturer Identifier
    c. Vehicle Identification Number (VIN)
    d. Certification
    e. Importation
VIII. Labels and Other Consumer Disclosures
    a. Permanent Label
    b. Written Notice to Dealers and First Purchasers
    c. Temporary Label
IX. Reporting
X. Revocation of Registrations
XI. Overview of Benefits and Costs
XII. Effective Date
XIII. Regulatory Notices and Analyses
XIV. Public Participation

I. Executive Summary

    The National Traffic and Motor Vehicle Safety Act (``Safety Act'') 
(49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 et seq.)) 
authorizes and directs the Secretary of Transportation (NHTSA by 
delegation) to prescribe Federal motor vehicle safety standards (FMVSS) 
to reduce traffic accidents and deaths and injuries resulting 
therefrom.\1\ Under section 30112(a) of the Safety Act, a person may 
not manufacture for sale, sell, offer for sale, introduce or deliver 
for introduction into interstate commerce, or import into the United 
States, any new motor vehicle or motor vehicle equipment unless the 
vehicle or equipment complies with all applicable FMVSS in effect on 
the date of manufacture.
---------------------------------------------------------------------------

    \1\ The Secretary of Transportation has delegated the 
responsibility to promulgate regulations under 49 U.S.C. Chapter 
301, Motor Vehicle Safety (49 U.S.C. 30101 et seq.) to NHTSA. See, 
49 CFR 1.95.
---------------------------------------------------------------------------

    Pursuant to the Safety Act, NHTSA has issued FMVSS to protect the 
public against unreasonable risk of crashes occurring because of the 
design, construction, or performance of a vehicle and against 
unreasonable risk of death or injury in a crash. Some of the

[[Page 793]]

FMVSS are ``vehicle'' standards that apply only to new completed 
vehicles as a unit and not to aftermarket components, some are 
``equipment'' standards that apply to original and aftermarket items of 
equipment, and a few are both vehicle and equipment standards. Section 
30115 of the Safety Act requires that the manufacturer or distributor 
of a motor vehicle or motor vehicle equipment subject to the FMVSS 
certify at delivery that the vehicle or equipment complies with all 
applicable FMVSS.
    The Safety Act provides limited authority to NHTSA to exempt motor 
vehicles from section 30112(a). Section 30113 authorizes NHTSA to 
exempt motor vehicles from a motor vehicle safety standard on a 
temporary basis and under tightly defined circumstances. Section 30114 
sets forth ``special exemptions'' for motor vehicles and motor vehicle 
equipment from section 30112(a). Until the Fixing America's Surface 
Transportation Act (FAST Act), exemptions under section 30114 were 
limited to those necessary for research, investigations, 
demonstrations, training, competitive racing events, show, or display.
    On December 4, 2015, Congress enacted the FAST Act (Pub. L. 114-
94). Section 24405 of the FAST Act amended section 30114 of the Safety 
Act by, among other things, adding a subsection (b)(1)(A) that directs 
NHTSA by delegation to ``exempt from section 30112(a) of this title not 
more than 325 replica motor vehicles per year that are manufactured or 
imported by a low-volume manufacturer.'' Section 30114(b)(1)(B) states 
that exemptions are available from FMVSS for motor vehicles (i.e., 
vehicle standards), but not from FMVSS for motor vehicle equipment 
(i.e., equipment standards).\2\
---------------------------------------------------------------------------

    \2\ Using the above example, the FAST Act exempts the vehicle 
from meeting the FMVSS in effect on January 1, 2018 applying to 
passenger cars that are ``vehicle'' standards, such as the standards 
for braking systems, advanced frontal air bags, side impact head 
protection, ejection mitigation, roof crush resistance, fuel system 
crash integrity, and electronic stability control. The equipment 
used in the manufacture of a replica vehicle would still need to 
meet any applicable ``equipment'' standards in effect when the 
equipment was manufactured, such as those for lamps, glazing 
materials, and tires.
---------------------------------------------------------------------------

    Under the delegation in 49 CFR 1.95 and pursuant to section 24405 
of the FAST Act, NHTSA is proposing to adopt a regulation, 49 CFR part 
586, and amend others to implement the low-volume manufacturer replica 
vehicle program. The FAST Act contains specific procedural requirements 
for the registration of low-volume manufacturers, labeling of replica 
vehicles, reporting, and other matters related to the exemption 
program. To implement the program and the procedural mandates of the 
FAST Act, NHTSA is proposing a new Part 586 to set forth requirements 
for registration, labeling, providing consumer disclosures, submitting 
annual reports, and other requirements needed for the administration of 
the program. This NPRM also proposes changes to Part 565 to require 
manufacturers to encode specific information into each replica 
vehicle's VIN, and to Parts 566 and 567 for manufacturer identification 
and vehicle certification, respectively.
    NHTSA highlights the following aspects of the replica vehicle 
exemption program.
    1. Low-volume manufacturers registering for this program would be 
conditionally exempt from section 30112(a)'s prohibitions on 
manufacturing, selling, and importing noncomplying motor vehicles for 
325 replica motor vehicles per year (``covered replica vehicles'') per 
manufacturer. The exemption for replica vehicles would be conditioned 
on the manufacturer complying with all requirements of the program.\3\ 
The covered replica vehicles would be exempt from complying with the 
``vehicle'' standards in effect on the date of manufacture of the 
replica that apply to new vehicles of the replica's type (e.g., 
passenger car, multipurpose passenger vehicle) and configuration, but 
would not be exempt from the ``equipment'' standards. That is, any 
equipment to which equipment standards apply that is installed on the 
covered replica vehicles would need to meet all applicable equipment 
standards in effect on the equipment's date of manufacture.
---------------------------------------------------------------------------

    \3\ If a manufacturer produces vehicles that do not qualify as 
replica vehicles, the vehicles would be non-exempt vehicles and 
would be required to comply with all applicable FMVSS. For example, 
NHTSA is proposing requirements to ensure that replica vehicles 
resemble the original vehicle. If a manufacturer submits design 
plans and NHTSA approves the registration, a deviation from those 
plans that results in vehicles that do not resemble the original 
would render those vehicles non-exempt.
---------------------------------------------------------------------------

    2. NHTSA emphasizes that a replica vehicle manufacturer's obtaining 
of an exemption from the FMVSS applicable to vehicles would have no 
effect on the manufacturer's obligation under the Safety Act to recall 
and remedy its vehicles if they are found by the manufacturer or NHTSA 
to contain a defect that creates an unreasonable risk to safety. 
Further, in such instance, manufacturers of covered replica vehicles 
must comply with the requirements of 49 U.S.C. 30116 through 30120A 
relating to defect reporting and notification.\4\ In addition, the FAST 
Act specifies that a low-volume manufacturer's registration in the 
program may be revoked if the manufacturer fails to comply with 
requirements or if its vehicles are found to contain a safety-related 
defect or if the manufacturer engages in unlawful conduct that poses a 
significant safety risk.\5\
---------------------------------------------------------------------------

    \4\ 49 U.S.C. 30114(b)(8).
    \5\ 49 U.S.C. 30114(b)(5).
---------------------------------------------------------------------------

II. Background--Summary of Significant FAST Act Provisions

    On December 4, 2015, Congress enacted the FAST Act. Section 24405, 
``Treatment of Low-Volume Manufacturers,'' provides a framework to 
exempt replica vehicles manufactured by low-volume manufacturers from 
certain vehicle safety standards. Section 24405 amends 49 U.S.C. 30114 
by adding a new subsection.\6\
---------------------------------------------------------------------------

    \6\ The FAST Act replica motor vehicle provision is not self-
executing, i.e., the Secretary must take steps to implement it. The 
provision states that the Secretary (NHTSA by delegation) ``shall 
exempt'' the vehicles. Further, the provision requires low-volume 
manufacturers to ``register with the Secretary at such time, in such 
manner, and under such terms that the Secretary determines 
appropriate'' in order ``[t]o qualify for an exemption.'' NHTSA is 
proposing to establish 49 CFR part 586 to set forth those 
determinations in order to implement the program.
---------------------------------------------------------------------------

    Section 30114(b)(1)(A) directs NHTSA to exempt ``325 replica motor 
vehicles per year that are manufactured or imported by a low-volume 
manufacturer'' from 49 U.S.C. 30112(a). Under 49 U.S.C. 30112(a), a 
person may not manufacture for sale, sell, offer for sale, introduce or 
deliver for introduction in interstate commerce, or import into the 
United States, any motor vehicle or motor vehicle equipment 
manufactured on or after the date an applicable motor vehicle safety 
standard prescribed under this chapter takes effect unless the vehicle 
or equipment complies with the standard and is covered by a 
certification issued under section 30115 of this title. The exemption, 
as provided in section 30114(b)(1)(B), is limited to the ``Federal 
Motor Vehicle Safety Standards applicable to motor vehicles and not 
motor vehicle equipment.''
    The FAST Act defines ``low-volume manufacturer'' at 49 U.S.C. 
30114(b)(7)(A) as a manufacturer ``whose annual worldwide production, 
including by a parent or subsidiary of the manufacturer, if applicable, 
is not more than 5,000 motor vehicles.'' The definition also 
specifically excludes persons who are registered as importers under 49 
U.S.C. 30141.

[[Page 794]]

    The Act defines ``replica motor vehicle'' at section 30114(b)(7)(B) 
as a motor vehicle produced by a low-volume manufacturer that ``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 further specifies that the replica motor 
vehicle must be ``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 product 
configuration, trade dress, trademark, or patent rights.''
    To obtain an exemption, the FAST Act requires that a low-volume 
manufacturer, pursuant to section 30114(b)(2), ``register with [NHTSA] 
at such time, in such manner, and under such terms that [NHTSA] 
determines appropriate'' and requires that NHTSA establish terms to 
``ensure that no person may register as a low-volume manufacturer if 
the person is registered as an importer under 49 U.S.C. 30141.''
    Under section 30114(b)(5), NHTSA has 90 days to review and approve 
or deny a low-volume manufacturer's registration. If the agency 
determines that any such registration is incomplete, the agency has an 
additional 30 days for review. Any registration not approved or denied 
within 90 days after initial submission, or 120 days if the 
registration submission is incomplete, is deemed approved. Under 
section 30114(b)(5), NHTSA is authorized to revoke an existing 
registration based on a failure to comply with the requirements or a 
finding by the agency of a safety-related defect or unlawful conduct 
under this chapter that poses a significant safety risk. NHTSA must 
provide the registrant a reasonable opportunity to correct all 
deficiencies, if deemed correctable, at the sole discretion of NHTSA. 
An exemption granted by NHTSA may not be transferred to any other 
person, and expires at the end of the calendar year in which it was 
granted with respect to any volume authorized by the exemption that was 
not produced by the low-volume manufacturer. The Act directs NHTSA to 
maintain an up-to-date list of registrants and a list of the make and 
model of motor vehicles exempted on at least an annual basis and 
publish such list in the Federal Register or on a website operated by 
NHTSA.
    The FAST Act requires, at section 30114(b)(3), that NHTSA require 
low-volume manufacturers to affix permanent labels to the exempted 
motor vehicles that identify the specified standards and regulations 
for which such vehicle is exempt from section 30112(a), state that the 
vehicle is a replica, and designate the model year such vehicle 
replicates. The provision also provides an option, under section 
30114(b)(3)(B), for the agency to require low-volume manufacturers to 
deliver written notice of the exemption to the dealer and the first 
purchaser of the motor vehicle if the first purchaser is not an 
individual that purchases the motor vehicle for resale.
    Further, under section 30114(b)(3)(C), low-volume manufacturers 
``shall annually submit a report to [NHTSA] including the number and 
description of the motor vehicles exempted'' under the exemption for 
replica vehicles and the list of exemptions described on the required 
label.
    Section 24405 of the FAST Act also exempts replica motor vehicles 
from 49 U.S.C. 32304, 32502, and 32902 and from section 3 of the 
Automobile Information Disclosure Act (15 U.S.C. 1232). That is, 
replica motor vehicles will be exempt from passenger motor vehicle 
country of origin labeling requirements, bumper standards, average fuel 
economy standards, and vehicle labeling and safety rating disclosure 
requirements.
    Section 30114(b)(8) provides that aside from the express exemptions 
provided, manufacturers of replica motor vehicles ``shall be considered 
a motor vehicle manufacturer for purposes of parts A and C of subtitle 
VI'' of title 49. The FAST Act also expressly states that ``[n]othing 
shall be construed to exempt a registrant from complying with the 
requirements under sections 30116 through 30120A.'' Sections 30116 
through 30120A provide the requirements for defects and noncompliance 
reporting, notification and remedies.
    Section 30114(b)(9) states that nothing in section 30114(b) ``shall 
be construed to preempt, affect, or supersede any State titling or 
registration law or regulation for a replica motor vehicle, or exempt a 
person from complying with such law or regulation.''
    Further, section 24405(b) of the FAST Act amends the Clean Air Act 
to provide a framework for replica motor vehicles (referred to as 
exempted specially produced motor vehicles) to be exempt from vehicle 
certification testing and vehicle emission control inspection and 
maintenance requirement.\7\ Among other requirements, the FAST Act 
directs manufacturers of replica motor vehicles to register with the 
Administrator of the Environmental Protection Agency and provides 
requirements for installing engines in exempted replica vehicles.
---------------------------------------------------------------------------

    \7\ The exemption program is limited to light-duty vehicles and 
light-duty trucks. 42 U.S.C. 7525(a)(5)(H)(i).
---------------------------------------------------------------------------

III. NHTSA's Proposed Replica Vehicle Program--Basics

a. Overview

    NHTSA proposes the following provisions to implement the low-volume 
manufacturer replica vehicle program. Comments are requested on all 
aspects of the proposal.
    The FAST Act contains specific definitions pertinent to the program 
and has numerous substantive and procedural requirements related to the 
exemption program. To implement the program and the procedural mandates 
of the FAST Act, we propose to establish Part 586 to specify 
definitions, procedural requirements for registration, labeling, 
consumer disclosures, submitting annual reports, and other matters 
needed for the administration of the program. This NPRM also proposes 
changes to Part 565 to require manufacturers to encode specific 
information into each replica vehicle's VIN, and to Parts 566 and 567 
for manufacturer identification and vehicle certification, 
respectively.

b. Number of Exempted Vehicles Permitted

    Under the FAST Act, the exemption program is limited to ``not more 
than 325 replica motor vehicles per year that are manufactured or 
imported by a low-volume manufacturer'' that registers with NHTSA.\8\
---------------------------------------------------------------------------

    \8\ See section 30114(b)(1) and (2).
---------------------------------------------------------------------------

    NHTSA has interpreted the FAST Act to allow NHTSA to grant each 
registered low-volume manufacturer exemptions to produce up to 325 
replica vehicles per calendar year.

c. Low-Volume Manufacturer Requirement

    Congress specified that replica vehicles must be ``manufactured or 
imported by a low-volume manufacturer.'' NHTSA interprets this to mean 
that the vehicles must be produced by a ``low-volume manufacturer,'' 
and that replica vehicles may only be imported by their fabricating 
low-volume manufacturer.\9\ This means that replica vehicles

[[Page 795]]

fabricated by a foreign low-volume manufacturer may only be imported by 
that specific registered low-volume manufacturer (and each low-volume 
manufacturer would be limited to importing 325 replica vehicles per 
year, regardless of the calendar year of manufacture).\10\
---------------------------------------------------------------------------

    \9\ Interpreting the statute to allow replicas to be produced by 
foreign manufacturers that do not qualify as low-volume 
manufacturers and then imported by low-volume manufacturers is 
contrary to Congress's intent to create an exemption program 
designed to address the unique financial challenges small 
manufacturers face.
    \10\ A low-volume manufacturer would not be permitted to import 
326 replica vehicles into the U.S. in a single calendar year, 
regardless of whether those vehicles were fabricated over the course 
of two calendar years.
---------------------------------------------------------------------------

    NHTSA interprets the FAST Act provision in the same way NHTSA has 
interpreted the hardship exemption provision in 49 U.S.C. 30113, i.e., 
as not authorizing the agency to grant hardship exemptions to entities 
that seek to import vehicles they did not produce.\11\ NHTSA believes 
interpreting section 24405 of the FAST Act in the same manner is 
appropriate because both provisions recognize that small manufacturers 
are faced with unique financial challenges in meeting the FMVSS and 
provide exemptions to alleviate this burden.
---------------------------------------------------------------------------

    \11\ See letter to Mr. Bill Cox (March 24, 1997) available at 
https://isearch.nhtsa.gov/files/kill.ztv.html.
---------------------------------------------------------------------------

    Although the Safety Act includes importers in the definition of 
manufacturer,\12\ importers are not always treated the same as 
fabricating manufacturers. For example, fabricating manufacturers bear 
the primary responsibility for meeting the FMVSS and certifying to 
those standards. For this reason, NHTSA does not believe limiting the 
exemption to fabricating manufacturers is contrary to the statute.
---------------------------------------------------------------------------

    \12\ 49 U.S.C. 30102.
---------------------------------------------------------------------------

    This proposed requirement would mean that an entity seeking to 
import replica motor vehicles could not register as a low-volume 
manufacturer of replica vehicles unless it is also the entity 
fabricating the replica vehicles. NHTSA's interpretation ensures that 
small importers are not permitted to import replica vehicles that are 
manufactured by large foreign manufacturers.
    NHTSA requests comment on NHTSA's interpretation.

d. Vehicles Built in Two or More Stages

    NHTSA requests comment on whether the replica vehicle program 
should exclude vehicles manufactured in two or more stages. As 
discussed below, some of the requirements that NHTSA is proposing may 
be impossible to meet unless the replica vehicle is manufactured in a 
single stage. This exclusion would provide clarity to manufacturers and 
ensure that incomplete, intermediate, and final-stage manufacturers do 
not attempt to become low-volume manufacturers of replica vehicles and 
later, after expending resources, realize they cannot comply with all 
the procedural requirements.
    NHTSA seeks comment on excluding vehicles manufactured in two or 
more stages from the exemption program for the following reasons.
    First, NHTSA wishes to ensure replica vehicles are properly 
identified as replicas in their VINs, which could be a problem with 
replica vehicles manufactured in two or more stages. NHTSA's proposed 
VIN requirements would stipulate that each replica vehicle must have 
the identification of its low-volume manufacturer and a designation 
that the vehicle is a replica encoded in its VIN. The VIN would also be 
required to indicate the make, model, and model year of the replicated 
vehicle. Those requirements could not be met by vehicles produced in 
two or more stages because under NHTSA's VIN regulation, each vehicle 
manufactured in two or more stages has a VIN assigned by the incomplete 
vehicle manufacturer.\13\ The VIN of an incomplete vehicle may not be 
able to meet the proposed VIN requirements because the incomplete 
manufacturer may not know the make, model, and model year of the 
vehicle being replicated.
---------------------------------------------------------------------------

    \13\ 49 CFR 565.13(a). See also 49 CFR 567.3 for definitions of 
``incomplete vehicle,'' ``incomplete vehicle manufacturer,'' 
``final-stage manufacturer,'' and other terms relevant to this 
discussion.
---------------------------------------------------------------------------

    NHTSA is proposing a requirement that replica vehicle VINs 
designate the vehicle as a replica, what year it was manufactured, what 
vehicle it intends to replicate, the year of the original vehicle, and 
the identification of the manufacturer responsible for certifying the 
vehicle's compliance. Although that information may be provided on the 
certification label, including the information within the VIN provides 
an easier and more reliable way of verifying the characteristics of the 
vehicle. Including this information in the VIN and would also allow 
NHTSA to search its databases for crashes involving replica vehicles 
and better evaluate the safety of replica vehicles.
    Second, NHTSA does not believe that the replica program is 
conducive to the multi-stage manufacture of replica vehicles as a 
practical matter. The FAST Act emphasizes that the replica vehicle 
exemption program is designed for ``low-volume manufacturers.'' The 
program is set forth in section 24405 of the FAST Act, which is 
entitled, ``Treatment of Low-Volume Manufacturers.'' The statute 
repeatedly describes the ``exemption'' as one for ``low-volume 
manufacturers'' and specifically exempts replica motor vehicles ``that 
are manufactured or imported by a low-volume manufacturer.'' NHTSA 
interprets this language to mean that if we were to permit the 
manufacture of replica vehicles produced in two or stages, each of the 
manufacturers, at all stages, would need to be a low-volume 
manufacturer. To our knowledge, incomplete vehicle manufacturers are 
typically not low-volume manufacturers. As a practical matter, 
therefore, it is likely that vehicles made in two or more stages would 
not qualify for the program because of the size of their 
manufacturer(s).\14\
---------------------------------------------------------------------------

    \14\ NHTSA believes problems with program administration could 
also result if incomplete vehicle manufacturers do not need to be 
low-volume manufacturers. NHTSA's VIN regulation requires vehicles 
manufactured in one stage to have the type of vehicle and bus body 
information encoded into the VIN. For vehicles manufactured in two 
or more stages, the VIN only identifies the incomplete vehicle 
manufacturer. If the incomplete vehicle manufacturer were not a low-
volume manufacturer and the vehicle was completed as a replica motor 
vehicle by a final-stage manufacturer which was registered as a low-
volume manufacturer of replica vehicles, the replica vehicle's VIN 
would not be encoded to identify the vehicle as a replica vehicle. 
This would be a problem because, as noted above, the replica vehicle 
information included in the VIN identifies what standards are 
applicable to the vehicle.
---------------------------------------------------------------------------

    As an alternative to excluding multi-stage manufacturing from the 
exemption program, NHTSA is considering allowing joint registration 
submissions from two or more manufacturers wishing to manufacture 
replica vehicles. This would allow an incomplete vehicle manufacturer, 
a final-stage manufacturer, and any intermediate-stage manufacturers to 
jointly manufacture up to 325 replica vehicles annually. As a 
condition, however, any manufacturer with a joint registration would 
not be permitted to participate in the manufacture of any replica 
vehicles not covered by that registration. Under a joint registration 
program, the incomplete vehicle manufacturers would be required to code 
the information about the finished replica vehicle into its VIN. At the 
onset of manufacturing, the incomplete vehicle would know, as specified 
in the registration submission, the make, model, and model year of the 
vehicle the replica resembles.
    NHTSA requests comment on whether the replica vehicle exemption 
program should exclude vehicles made in two or more stages or allow 
those vehicles to be manufactured under joint registrations from the 
incomplete

[[Page 796]]

vehicle manufacturer, final-stage manufacturer and any intermediate 
manufacturers. Although NHTSA has concerns about administering the 
program to allow multi-stage manufacturing, NHTSA believes either 
proposals will ensure that Congress's goal of limiting the exemption to 
325 vehicles per manufacturer per year is not circumvented.

IV. Relevant Definitions

a. Low-Volume Manufacturer

    Section 30114(b)(7)(A) defines ``low-volume manufacturer'' as: ``a 
motor vehicle manufacturer, other than a person who is registered as an 
importer under section 30141 of this title, whose annual worldwide 
production, including by a parent or subsidiary of the manufacturer, if 
applicable, is not more than 5,000 motor vehicles.'' NHTSA is proposing 
to use the term ``replica motor vehicle manufacturer'' in the proposed 
Part 586 rather than ``low-volume manufacturer'' to identify the 
manufacturers exempted by Part 586 because the latter term is used and 
defined differently in several other NHTSA regulations. For example, 
``low-volume manufacturer'' is defined in the VIN regulation (Part 565) 
as a manufacturer of fewer than 1,000 vehicles of a given type.
    For proposed Part 586, the term ``replica motor vehicle 
manufacturer'' would be defined as a low-volume manufacturer that is 
registered as a replica motor vehicle manufacturer pursuant to the 
requirements in Part 586. The regulation would specify that ``low-
volume manufacturer'' is defined in 49 U.S.C. 30114(b)(7). (Hereinafter 
in this NPRM, NHTSA will use the terms ``replica motor vehicle 
manufacturer,'' ``replica manufacturer,'' and ``registrant'' to mean a 
low-volume manufacturer that is registered under Part 586.)

b. Replica Motor Vehicle

    Section 30114(b)(7)(B) defines ``replica motor vehicle'' as 
follows: A motor vehicle produced by a low-volume manufacturer 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 
product configuration, trade dress, trademark, or patent rights.
    NHTSA is proposing requirements that would provide clarifications 
to the definition. First, ``replica motor vehicle'' would be defined, 
in part, as a motor vehicle that is produced by a manufacturer meeting 
the definition of replica motor vehicle manufacturer under Part 586 
that has not yet manufactured 325 replica motor vehicles in that 
calendar year. This emphasizes the limit of 325 vehicles. Second, we 
propose requirements that will ensure that a replica vehicle meets the 
requirement that it be intended to resemble the original vehicle. 
Third, we address the provision about the manufacture of the vehicle 
pursuant to certain agreements for the intellectual property rights 
associated with the original vehicle that is being replicated. The 
second and third aspects are discussed below.
1. Requirement To Resemble the Replicated Vehicle
    The FAST Act states that a replica vehicle is a vehicle that is 
``intended to resemble the body'' of another motor vehicle that was 
manufactured at least 25 years before the replica. NHTSA is proposing 
requirements that replica manufacturers demonstrate objective 
manifestations of intent.
    To balance objectivity, feasibility, and enforceability, NHTSA is 
proposing a requirement that manufacturers submit documentation to 
support the assertion that the replica vehicle is intended to resemble 
the original. The documentation must demonstrate that the replica 
vehicle has the same length, width, and height as the original and must 
include images of the original vehicle and design plans for the replica 
vehicle.
    One way to ensure that a vehicle is intended to resemble another 
vehicle would be to require the measurements and shape of the replica 
motor vehicle body to be identical to those of the replicated vehicle. 
NHTSA has tentatively decided not to propose requiring replica vehicles 
to have the exact same specifications as the original vehicles. All of 
the specifications for the original may not be available and some 
adjustments may be necessary (e.g., to accommodate modern safety 
features). That being said, our research shows that information 
regarding the dimensions of popular car models is available. Therefore, 
NHTSA believes that requiring the replica vehicles to have the same 
height, width, and length of original would be a reasonable and 
objective requirement that would help ensure that replica vehicles are 
intended to resemble the replicated vehicle.
    In addition to the dimension and shape requirement, NHTSA is 
proposing a requirement that each replica vehicle have the same outward 
appearance or exterior as the original vehicle. This would mean that 
each replica must have the same body styling, shape, and exterior 
features as the original. Compliance with this requirement would be 
determined based primarily on the location, size, and shape of exterior 
features and the overall shape of the body of the vehicle.
    We interpret the Act's reference to ``body'' to mean any part of 
the vehicle that is not part of the chassis or frame. Therefore, NHTSA 
interprets ``body'' to include, but not be limited to: The exterior 
sheet metal and trim, the passenger compartment, trunk, bumpers, 
fenders, grill, hood, interior trim, lights and glazing. In making this 
interpretation, NHTSA looked at, among other things, its concept of 
``body type'' as defined at 49 CFR 565.12. ``Body type'' is defined as 
the general configuration or shape of a vehicle distinguished by such 
characteristics as the number of doors or windows, cargo-carrying 
features and the roofline (e.g., sedan fastback, hatchback). This 
definition helped NHTSA identify vehicle features and components that 
are part of the vehicle body. Because the definition includes reference 
to the shape of the vehicle as well as both exterior and interior 
features, NHTSA interprets the concept of ``body'' to include both 
exterior and interior characteristics. Although a replica vehicle must 
be the same body type as the original vehicle, merely replicating the 
number of doors and windows, cargo-carrying features, and the roofline 
is not sufficient.
    In each manufacturer's annual report, the manufacturer would 
submit: Images of the original vehicle, images of the replica produced, 
and full and complete descriptive information, views, and arguments 
sufficient to establish that the replica motor vehicles, as 
manufactured, resemble the body of the original vehicle.
    Deviations in the appearance of the exterior would be considered 
carefully. While reasonable allowances would be made to accommodate 
safety equipment, NHTSA would consider any unjustified exterior changes 
(e.g., not for safety) as potential indications that the vehicle is not 
a replica. If a replica manufacturer wants to make deviations to the 
exterior of the vehicle to accommodate safety features, it would be 
required to highlight those deviations for NHTSA's consideration.
    To be clear, the statute provides for the creation of an exemption 
program

[[Page 797]]

designed to allow old models to be replicated in a less costly way for 
low-volume manufacturers. It does not allow manufacturers to experiment 
with new motor vehicle designs or produce vehicles that do not resemble 
vehicles made not less than 25 years before the replica motor vehicle's 
manufacture.
    As the statutory definition refers specifically to the ``body'' of 
the original vehicle, we propose that the interior of the replica 
vehicle does not need to ``resemble'' that of the original vehicle. 
NHTSA believes this approach would allow low-volume manufacturers to 
update the interiors to provide modern amenities and safety 
improvements.
    NHTSA does not interpret the resemblance or licensing provisions in 
the FAST Act as requiring replica vehicle manufacturers to obtain 
rights to put all logos and emblems that were on the original vehicle 
on the replica vehicle. Although separate from body styling, the logos 
and emblems are part of the distinctive external appearance of a 
vehicle. Whether vehicle logos and emblems are required to appear as 
part of the requirements to produce a vehicle that resembles an 
original vehicle is a separate concern from whether replica 
manufacturers are required to obtain licenses from rights holders to 
use the logos and emblems. NHTSA addresses intellectual property rights 
requirements in the next section. In this section, NHTSA requests 
comment on whether replica production under these requirements should 
mandate the use of the actual logos, emblems and vehicle model names 
that appear originally or if something less or different in this area 
should apply. To be clear, NHTSA is not proposing to require the use of 
vehicle logos and emblems as a requirement of resemblance under the 
statute at this time.
    NHTSA considered a provision requiring replica vehicles to resemble 
the body of the original vehicle not only cosmetically, but also with 
respect to the vehicle's conformance with the ``vehicle'' FMVSS that 
applied to the original vehicle. This provision would require at a 
minimum, the replica vehicle's body to include the safety features 
incorporated in the original vehicle to meet the vehicle FMVSS. The 
section titled ``Considered Requirements'' below discusses this further 
and the reasons NHTSA decided not to take this approach.
    Because we interpret ``body'' not to include chassis or frame 
components, the replica would not need to have the same engine, 
transmission or drive axles, or drive train as the original vehicle. 
For example, a replica vehicle could be a battery electric vehicle, 
while the original vehicle was powered by an internal combustion 
engine.
    Further, we propose that the replica vehicle must resemble the body 
of another motor vehicle that was manufactured ``for consumer sale'' 
not less than 25 years before the manufacture of the replica motor 
vehicle. The provision ``for consumer sale'' is intended to make clear 
that the proposed replica vehicle exemption program does not apply to 
prototype or concept vehicles that were never sold to consumers. NHTSA 
intends to prevent the replication of prototypes because the vehicles 
were never intended for sale to the public. Further, a prototype would 
not be eligible for replication under this provision because the Safety 
Act defines motor vehicle as a vehicle driven or drawn by mechanical 
power and manufactured primarily for use on public streets, roads, and 
highways, but does not include a vehicle operated only on a rail 
line.\15\ A prototype not intended for sale to the public does not meet 
the definition of a vehicle manufactured for use on public streets, 
roads, and highways. Therefore, as the FAST Act provision requires that 
the replica vehicle resemble another motor vehicle, a vehicle 
replicating a prototype would not qualify for the exemption provided by 
section 30114(b).
---------------------------------------------------------------------------

    \15\ 49 U.S.C. 30102(a)(7).
---------------------------------------------------------------------------

    NHTSA requests comment on the requirement for replica vehicles to 
have the same dimensions and outward appearance as the original vehicle 
and whether the logos and emblems from the original vehicle should be 
reproduced on each replica vehicle. We also seek comment on the 
requirement that manufacturers submit images of the both the original 
vehicle and design plans or images of a representative replica vehicle 
in the registration submission and requirement to submit images of the 
replica vehicle(s) in the annual report.
2. Requirement To Manufacture Under License Agreement for Intellectual 
Property Rights
    The FAST Act states that a replica motor vehicle ``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 product configuration, trade dress, trademark, or patent 
rights.'' NHTSA views this provision as requiring replica vehicles 
manufactured under this program to be licensed products. This means 
that the manufacturer must obtain all legal rights necessary to produce 
the replica vehicle from the original manufacturer, its successes or 
assignees, or current owner of such intellectual property rights. As is 
clear from the comprehensive listing of the type of rights that might 
apply in such an effort, while creating an exemption for replica 
manufacturers, Congress also sought to protect the rights of the 
original manufacturers and their successors.
    NHTSA is defining legal rights to be primarily based on the 
external appearance of the vehicle. Under the statute, replica 
manufacturers are defined as producing vehicles that are intended to 
resemble the body of another motor vehicle. NHTSA is not applying the 
definition to require that manufacturers also obtain rights associated 
with vehicle mechanics, electronic components or other interior aspects 
of a vehicle, unless implicated by the reproduction or otherwise 
necessary to ensure that the outward facing appearance of the replica 
vehicle resembles the original vehicle. While it is clear that such 
rights might exist, in our view, it is not necessary in most situations 
to obtain those rights for the purpose of producing a replica. However, 
we accept that some types of replica production may require 
intellectual property rights to components or other parts that are 
separate from the outward facing appearance of a vehicle.
    In this document, NHTSA is not identifying any specific 
intellectual property rights that must be obtained by a replica 
manufacturer. However, as noted above, the FAST Act includes a 
definition of replica vehicle that identifies specifically ``product 
configuration, trade dress, trademark, or patent'' as intellectual 
property rights that might be licensed from a current rights holder 
prior to production. Based on this, replica manufacturers should 
consider what intellectual property rights are needed for production 
and obtain such rights prior to seeking registration with NHTSA.
    For example, the FAST Act expressly includes trademarks as part of 
the rights that a manufacturer would obtain from an original 
manufacturer to produce a replica. Trademarks may cover vehicle make 
and model names or logos. Since NHTSA is requiring that replica 
manufacturers identify the original vehicle(s) it intends to replicate 
by make and model name and certify that the replica is intended to 
resemble and replicate the original, the manufacturer should consider 
whether it is necessary to obtain these rights. Certifying that a

[[Page 798]]

vehicle is intended to resemble another vehicle could implicate 
intellectual property rights for trademarked, or otherwise protected, 
make or model names. However, NHTSA is not proposing any specific 
requirement at this time that replica manufactures affirmatively obtain 
these rights in connection with the manufacture of replica vehicles. 
NHTSA seeks comment on whether the replica vehicle manufacturer must 
obtain a license to use the original vehicle's make and model names and 
reserves the right to add a requirement based on the nature of the 
comments received.
    NHTSA's role is to ensure that the manufacturers who register under 
this program meet the statutory requirements set forth in the FAST Act. 
Although NHTSA will review registration applications, NHTSA will not 
determine what intellectual property is required to produce a replica 
vehicle. Manufacturers remain responsible for performing the due 
diligence necessary to determine what rights are needed, and to obtain 
relevant rights. In areas of dispute, where the rights of a replica 
manufacturer are questioned, NHTSA plans to allow general legal 
procedures to take place without involvement.
    That being said, NHTSA wants to ensure that manufacturers seeking 
registration under the statute have the legal basis to produce the 
replica vehicle. In order to protect rights holders and to mitigate the 
chance that lawsuits will emerge from this process, NHTSA is proposing 
that, when submitting its registration, manufacturers must provide a 
binding certification that attests that they can legally produce each 
replica vehicle model they propose to make. This requirement means that 
manufacturers must certify that they have determined the legal rights 
required and that they have obtained all licenses or permissions 
necessary to produce the replica vehicle. Applications that contain a 
missing or incomplete certification would be disapproved.
    In addition to the required certification, the manufacturer also 
must provide supporting documentation that sets forth a description of 
the types of intellectual property that are necessary to produce the 
replica vehicle, addressing the status of each of those rights. If the 
manufacturer has a license for particular rights, it should provide 
documentation to that effect. If intellectual property rights for the 
original vehicle are no longer protected, the manufacturer should 
include a statement briefly stating the basis for concluding that no 
license is required. As an example,\16\ a manufacturer seeking to 
replicate a Shelby Cobra must be able to state that it has the legal 
right to produce its distinctive body styling or explain why the body 
styling is no longer protected and provide support for this position. 
The information submitted also must address the fact that ``Shelby'' 
and ``Cobra'' are both trademarked and that permission may be required 
from both Carroll Shelby International and Ford Motor Company to 
manufacture the replica vehicle. As shown in the example above, the 
intellectual property of one vehicle may be owned by multiple 
individuals or entities. In those situations, licenses would need to be 
obtained from each one.
---------------------------------------------------------------------------

    \16\ Please note that this example is provided for illustrative 
purposes only. The types of intellectual property rights discussed 
for the Shelby Cobra are not meant to be authoritative or 
exhaustive. It is merely provided as an example of some of the types 
of intellectual property rights a prospective replica manufacturer 
should look to when obtaining licenses to manufacture a replica.
---------------------------------------------------------------------------

    NHTSA is also proposing clarifying an aspect of the requirement 
that replica motor vehicles be manufactured under licensing agreements 
for the intellectual property rights of the original vehicles. The 
statute is ambiguous concerning the treatment of current owners of 
intellectual property rights that wish to manufacture replica vehicles. 
That is, the statute could arguably be read to require license 
agreements even when the current owner of the intellectual property 
also intends to manufacture the replica vehicles. NHTSA believes this 
creates an unnecessary step for current rights holders and does not 
meet Congress' intent with these requirements. Accordingly, NHTSA 
interprets the licensing requirement to apply only when a manufacturer 
intending to produce replica vehicles does not own the intellectual 
property rights to the original vehicle (which is being replicated).

V. Safety Requirements

a. Equipment FMVSS

    The FMVSS apply to motor vehicles and/or motor vehicle equipment 
that are manufactured on or after the effective date of the 
standard.\17\ The covered replica vehicles would be exempt from 
complying with the ``vehicle'' standards in effect on the date of 
manufacture of the replica that apply to new vehicles of the replica's 
type (e.g., passenger car, multipurpose passenger vehicle) and 
configuration. However, equipment on a replica vehicle would not be 
exempt from the ``equipment'' standards in effect on the equipment's 
date of manufacture that apply to equipment items on or in the vehicle. 
Equipment to which an FMVSS applies must meet the applicable standard 
in effect on the equipment's date of manufacture, regardless of whether 
it is installed on a conforming vehicle or a vehicle granted a replica 
vehicle exemption.
---------------------------------------------------------------------------

    \17\ 49 CFR 571.7(a).
---------------------------------------------------------------------------

    Whether an FMVSS is a ``vehicle'' standard or an ``equipment'' 
standard is determined by the ``Application'' section of the standard. 
If vehicle types are listed in the section, such as ``passenger cars, 
multipurpose passenger vehicle, trucks, and buses,'' \18\ the standard 
is considered a ``vehicle'' standard. If equipment items are listed in 
the section, the standard is an ``equipment'' standard.\19\ A standard 
that lists both motor vehicles and equipment items in its applicability 
section is considered both a vehicle and an equipment standard.\20\ 
Replica vehicles would be exempt from any standard or portion of a 
standard that applies only to vehicles.
---------------------------------------------------------------------------

    \18\ See e.g., FMVSS No. 101, ``Controls and displays,'' S3, 
``Application.''
    \19\ E.g., FMVSS No. 209, ``Seat belt assemblies,'' S2, 
``Application,'' states: ``This standard applies to seat belt 
assemblies for use in passenger cars, multipurpose passenger 
vehicles, trucks, and buses.''
    \20\ E.g., FMVSS No. 205, ``Glazing materials,'' S3, 
``Application,'' states, in relevant part: ``This standard applies 
to passenger cars, multipurpose passenger vehicles, trucks, buses, 
motorcycles, slide-in campers, pickup covers designed to carry 
persons while in motor and low speed vehicles, and to glazing 
materials for use in those vehicles.''
---------------------------------------------------------------------------

    If an FMVSS that is both a vehicle and an equipment standard has 
requirements that apply to vehicles that are vehicle-specific, separate 
from requirements that apply to the equipment items, in NHTSA's view 
the replica motor vehicles are exempt from the vehicle-specific 
requirements but the requirements applying to the motor vehicle 
equipment would continue to apply. For example, for FMVSS No. 108, 
``Lamps, reflective devices, and associated equipment,'' while the 
replica vehicle would not need to comply with vehicle-specific 
requirements specifying where lamps must be placed on the vehicle, the 
replica vehicle's lamps must meet the applicable portions of the 
standard that apply to lamps as equipment items on the date that the 
lamps were manufactured. Compliance with the vehicle portion of FMVSS 
No. 108 may be difficult or impossible when trying to produce a vehicle 
that resembles the appearance of an older vehicle, e.g., the number 
and/or location of headlamps and/or tail lamps on the replica might not 
meet the specifications of FMVSS No. 108.

[[Page 799]]

    Another notable standard that is both a vehicle and an equipment 
standard is FMVSS No. 208, ``Occupant crash protection.'' FMVSS No. 208 
is mainly thought of as a vehicle standard requiring the installation 
of air bags and seat belts and specifying vehicle crash tests to 
evaluate the protective capabilities of those devices. However, section 
S9, ``Pressure vessels and explosive devices,'' applies to vessels 
designed to contain a pressurized fluid or gas, and to explosive 
devices, for use in covered motor vehicles as part of a system designed 
to provide protection to occupants in the event of a crash.\21\ If a 
replica motor vehicle has a pressure vessel or explosive device, it 
must meet the requirements of S9 of FMVSS No. 208.
---------------------------------------------------------------------------

    \21\ 49 CFR 571.208, S9.
---------------------------------------------------------------------------

    To assist the reader, the following is a list of current equipment 
FMVSS that would apply to motor vehicle equipment manufactured on 
today's date for installation in replica motor vehicles \22\ if the 
program were in place today:
---------------------------------------------------------------------------

    \22\ These are the FMVSS applying now to equipment only and to 
both vehicles and equipment. This list is provided here for 
illustration purposes only and not for purposes of establishing 
compliance. The list is also subject to change and/or correction. 
Manufacturers are responsible for ensuring the compliance of their 
vehicles and/or equipment with all applicable FMVSS and for keeping 
current with the FMVSS that apply to their vehicles and/or 
equipment.
---------------------------------------------------------------------------

    FMVSS No. 106, Brake hoses;
    FMVSS No. 108, Lamps, reflective devices, and associated equipment;
    FMVSS No. 109, New pneumatic and certain specialty tires;
    FMVSS No. 110, Tire selection and rims and motor home/recreation 
vehicle trailer load carrying capacity information for motor vehicles 
with a GVWR of 4,536 kilograms (10,000 pounds) or less;
    FMVSS No. 116, Motor vehicle brake fluids;
    FMVSS No. 117, Retreaded pneumatic tires;
    FMVSS No. 119, New pneumatic tires for motor vehicles with a GVWR 
of more than 4,536 kilograms (10,000 pounds) and motorcycles;
    FMVSS No. 120, Tire selection and rims and motor home/recreation 
vehicle trailer load carrying capacity information for motor vehicles 
with a GVWR of more than 4,536 kilograms (10,000 pounds);
    FMVSS No. 125, Warning devices;
    FMVSS No. 129, New non-pneumatic tires for passenger cars;
    FMVSS No. 139, New pneumatic radial tires for light vehicles;
    FMVSS No. 205, Glazing materials;
    FMVSS No. 208, Occupant crash protection, for pressure vessels and 
explosive devices;
    FMVSS No. 209, Seat belt assemblies;
    FMVSS No. 213, Child restraint systems;
    FMVSS No. 218, Motorcycle helmets;
    FMVSS No. 223, Rear impact guards;
    FMVSS No. 304, Compressed natural gas fuel container integrity; and
    FMVSS No. 403 Platform lift systems for motor vehicles.

b. Considered Requirements

    In drafting this proposed rulemaking, NHTSA considered adding 
requirements to ensure that replicas provide a minimum level of vehicle 
safety beyond the performance of discrete equipment items. At this 
time, NHTSA is not proposing any additional safety requirements, but 
comments are requested to inform future agency action.
    One considered approach would require replica vehicles to resemble 
the body of the original vehicle not only cosmetically, but also with 
respect to the safety designs and components incorporated into the body 
of the original vehicle to meet the vehicle FMVSS applying to that 
original vehicle. Features that meet a more current version of a 
standard would also be permitted under this approach.\23\
---------------------------------------------------------------------------

    \23\ Note that, as explained above, regarding equipment items 
for which an FMVSS applies, the replica vehicle would be required to 
have the equipment that met the equipment FMVSS when it was 
manufactured.
---------------------------------------------------------------------------

    The language of the FAST Act directs NHTSA to exempt covered 
replica vehicles but to limit that exemption only to the current 
``vehicle'' FMVSS that apply today to contemporary, newly completed 
vehicles. The Act defines ``replica motor vehicle'' in relevant 
part,\24\ as ``a motor vehicle produced by a low-volume manufacturer 
and that . . . 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.'' The agency is considering 
whether replica vehicles should be required to resemble the body of the 
original vehicle not just superficially but also structurally with 
respect to designs that met the vehicle FMVSS applying to the original, 
but is not proposing to do so at this time.
---------------------------------------------------------------------------

    \24\ 49 U.S.C. 30114(b)(7)(B).
---------------------------------------------------------------------------

c. Safety-Related Defects

    NHTSA emphasizes that a replica vehicle manufacturer's obtaining of 
an exemption from the FMVSS applicable to vehicles would have no effect 
on the manufacturer's obligation under the Safety Act to recall and 
remedy its vehicles if they are found by the manufacturer or NHTSA to 
contain a defect that creates an unreasonable risk to safety. Further, 
in such instance, manufacturers of covered replica vehicles must comply 
with the requirements of 49 U.S.C. 30116 through 30120A relating to 
defect reporting and notification. In addition, the FAST Act specifies 
that a low-volume manufacturer's registration in the program may be 
revoked if the manufacturer fails to comply with requirements or if its 
vehicles are found to contain a safety-related defect or if the 
manufacturer engages in unlawful conduct that poses a significant 
safety risk.

VI. Registration Requirements

    This NPRM proposes requirements to implement the amendments made by 
section 24405 of the FAST Act to 49 U.S.C. 30114. Each manufacturer 
wishing to manufacture replica motor vehicles under this program must 
register, according the requirements in Part 586, as a replica motor 
vehicle manufacturer for the calendar year in which the replica motor 
vehicle is manufactured. Under 49 U.S.C. 30114(b)(2), low-volume 
manufacturers must be registered ``[t]o qualify for an exemption.''
    NHTSA would determine whether a manufacturer is eligible and 
permitted to manufacture replica motor vehicles based on the 
information the manufacturer provides in its registration documents. We 
propose that manufacturers would register using the NHTSA Product 
Information Catalog and Vehicle Listing (vPIC) platform (https://vpic.nhtsa.dot.gov/). We request comment on whether submissions should 
be allowed to be submitted by mail as well.
    We propose that manufacturers must submit information sufficient to 
establish that their annual world-wide production, including by a 
parent or subsidiary of the manufacturer, if applicable, is not more 
than 5,000 motor vehicles, and a statement certifying to that effect, 
including the total number of motor vehicles produced by or on behalf 
of the registrant in the 12-month prior to filing the registration.
    NHTSA proposes requiring that each manufacturer provide 
information, in its registration submission, about the replica vehicle 
it intends to manufacture, including a statement identifying the 
original vehicle(s) the manufacturer intends to replicate by make, 
model, and model year. The manufacturer must submit images of the

[[Page 800]]

front, rear, and side views of the original vehicle's exterior.
    The manufacturer would also need to provide documents showing that 
it has obtained the intellectual property rights to produce the replica 
vehicle, documents to support that it has done so, and a statement 
certifying to that effect. Proof of such rights could be shown by 
furnishing 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 the current owner of such product configuration, trade dress, 
trademark, or patent. As discussed above this documentation could also 
include a statement as to why obtaining licenses for certain 
intellectual property is not required.
    The manufacturer would also need to certify that it will not 
manufacture more than the number of replica motor vehicles covered by 
the requested exemption, a number not more than 325 replica motor 
vehicles in a calendar year. NHTSA interprets this limitation to mean 
that a manufacturer is limited to 325 replica vehicles, regardless of 
whether it is manufacturing replicas of different makes and models of 
vehicles. NHTSA also interprets this limitation to apply to 
manufacturers under common ownership. For example, if a parent company 
or individual owns two low-volume manufacturers, the 325-limit would 
apply to all manufacturers under common ownership. Each low-volume 
manufacturer would not be permitted to manufacture 325 replicas. 
Instead, the two manufacturers under common ownership would need to 
submit one registration submission and collectively cannot manufacture 
more than 325 replica vehicles in any given calendar year. NHTSA 
interprets the statute this way to ensure that the 325-replica limit 
set by Congress is not circumvented.
    Further, the manufacturer would need to submit information required 
by other administrative regulations, including all information required 
by 49 CFR part 566 to identify itself to NHTSA as a replica motor 
vehicle manufacturer (see below for proposed amendments to Part 566), 
VIN-deciphering information required by 49 CFR part 565, and a 
designation of a permanent resident of the United States as its agent 
for service of process if the manufacturer is not located in the United 
States (49 CFR part 551, subpart D). (NHTSA does not believe that any 
changes to the regulation at 49 CFR part 551, subpart D for 
manufacturers of replica motor vehicles are needed.)
    49 U.S.C. 30114(b)(5) specifies that NHTSA has 90 days to review 
and approve or deny a registration. This new subsection also provides 
an additional 30 days if the registration is determined to be 
incomplete. We anticipate setting up the program so that registration 
under Part 586 on the vPIC portal provides an acknowledgment of receipt 
of the registration to the manufacturer when the registration is 
submitted. As some of the information will be provided by the 
manufacturer in attachments, NHTSA will review the submission, 
including attachments, within 90 days of acknowledging receipt to 
ensure that the registration is complete. If the registration is 
incomplete, NHTSA will inform the manufacturer that the registration is 
incomplete via email. NHTSA is proposing to give manufacturer 60 days 
from the date of NHTSA's email to submit the necessary information to 
complete the registration. If the necessary information is not 
submitted within 60 days, the registration will be denied. NHTSA 
requests comment on whether this 60-day period to respond is 
appropriate. The manufacturer may resubmit the denied registration 
(presumably, the resubmitted registration will include the information 
NHTSA identified as missing from the prior application) but the 90-day 
clock will reset.\25\
---------------------------------------------------------------------------

    \25\ Repetitious incomplete or inadequate registrations will be 
denied. For example, if a manufacturer submits the same, previously-
denied registration in identical form a second time, NHTSA may deny 
it without going through the step of asking for more information.
---------------------------------------------------------------------------

    A manufacturer may submit additional information to supplement its 
registration per NHTSA's notification of an incomplete registration 
(within 60 days of receipt of such notice), or may submit additional 
information on its own initiative. In these instances, NHTSA will have 
30 additional days to review the amended registration. That is, these 
30 days will be added to any remaining days from the initial 90-day 
review period. If the submission is still incomplete, NHTSA will deny 
the registration.
    On receipt of a complete registration, NHTSA will review and 
approve or deny the registration. 49 U.S.C. 30114(b)(5) states that any 
registration not approved or denied within 90 days after initial 
submission, or 120 days if the registration submitted is incomplete, 
shall be deemed approved.
    We propose that a low-volume manufacturer is not considered 
registered with NHTSA unless the manufacturer receives confirmation 
from NHTSA that its registration is approved. A manufacturer whose 
registration is not approved or denied within the allotted time, who 
believes its registration is thus deemed approved, must obtain 
confirmation of the approval from NHTSA. When NHTSA confirms the 
approval, NHTSA would add the manufacturer to the up-to-date list of 
registrants.
    The reason for requiring that manufacturers obtain confirmation of 
approvals in the circumstances describe above is to better safeguard 
the integrity of the exemption program against confusion and fraud. 
This approach would avoid situations in which a manufacturer might 
assume its registration was deemed to be approved when in fact it was 
never received by NHTSA. An up-to-date list of registrants will show 
the ``deemed to be approved'' registrants, and the confirmation process 
better establishes a means of communication between NHTSA and the 
manufacturer to achieve this end. The list will be important to enable 
members of the public to check whether the low-volume manufacturer they 
are dealing with in fact qualifies for an exemption under this replica 
vehicle program and which vehicles are covered by the exemption. The 
list will also provide NHTSA with a strong enforcement mechanism to 
monitor if manufacturers are lawfully presenting themselves as 
registrants and to check which vehicles they are offering for sale, a 
mechanism that would better ensure that only vehicles covered by 
approved and deemed to be approved registrations are being manufactured 
and sold.
    NHTSA is proposing that, in the case that a registration is deemed 
approved, NHTSA may request additional information from a ``deemed 
approved'' replica manufacturer when the registration submission is 
incomplete or does not meet the requirements in the new Part 586. NHTSA 
is proposing that, when notified of the submission's shortcomings, the 
manufacturer would have 60 days to submit information to correct and/or 
complete the registration. If the manufacturer fails to submit the 
requisite information, NHTSA may revoke the registration.
    NHTSA requests comment on requirement for ``deemed approved'' 
replica manufacturers to respond within 60 days. NHTSA also requests 
comment on what actions NHTSA should take in regards to revoking a 
``deemed approved'' replica manufacturer. For purposes of this NPRM, 
NHTSA is proposing to revoke a registration if the manufacturer fails 
to respond within the allotted time. At NHTSA's discretion, additional 
time may be provided if the deficiencies of the registration are deemed 
correctable. And, consideration would be provided for the length of 
time that NHTSA took to identify the

[[Page 801]]

deficiency and the extent that the manufacturer should have been aware 
that the registration did not comply with the requirements.
    49 U.S.C. 30114(b)(5) specifies that NHTSA has the authority to 
revoke a registration based on a failure to comply with requirements or 
a finding of a safety-related defect or unlawful conduct.
    Section 30114(b)(5) also states that an exemption granted to a low-
volume manufacturer may not be transferred to any other person, and 
expires at the end of the calendar year for which it was granted with 
respect to any volume authorized by the exemption that was not applied 
by the manufacturer to vehicles built during that calendar year. NHTSA 
understands 49 U.S.C. 30114(b)(5) to address the vehicles that could 
have been made under an exemption in a calendar year but which were 
not, and not as requiring that manufacturers must re-register (renew 
their registrations) annually. NHTSA has tentatively decided that 
registrants may carry forward their registration by informing NHTSA in 
an annual report (discussed below) of their intent to continue 
manufacturing the vehicles covered by the approved registration, and 
need not formally re-register annually at the end of the calendar year 
concerning those covered vehicles. If an approved replica manufacturer 
wishes to manufacture a different replica vehicle or make modifications 
to a replica covered by an existing registration, the registrant must 
submit an update to their existing registration with all necessary 
supporting documentation. 49 U.S.C. 30114(b)(5) specifies that NHTSA 
must maintain an up-to-date list of registrants and a list of the make 
and model of exempted motor vehicles on at least an annual basis and 
publish such list in the Federal Register or on a website operated by 
NHTSA. We anticipate posting such a list on NHTSA's website where it 
can be easily accessed and updated.

VII. Other Administrative Requirements

a. Manufacturer Identification Requirements (49 CFR Part 566)

    NHTSA is proposing an amendment to Part 566 to list replica motor 
vehicles among the types of vehicles manufactured. Manufacturers who 
have already submitted information under Part 566 would be required to 
update their information as required by Sec.  566.6 before 
manufacturing replica vehicles.
    The addition of replica motor vehicles to the types of vehicles is 
merely for identifying the vehicle as a replica and does not supplant 
the vehicle's type for application of FMVSS. The manufacturer of a 
replica vehicle would determine which standards the replica vehicle is 
exempt from by looking at the standards for a vehicle of that body type 
and the VIN and certification labels would reflect that the vehicle is 
a replica of a specific body type (e.g., replica passenger car).
    In addition, NHTSA is proposing to update \26\ Sec.  566.5 to 
indicate that the required information for all manufacturers may either 
be submitted via mail or the vPIC portal.\27\ Replica motor vehicle 
manufacturers, however, would be required under Sec.  586.6 to submit 
the required Part 566 information via vPIC. Due to the potential for 
delay when filing outside the vPIC portal, either due to errors or 
delivery delays, most, if not all Part 566 manufacturer identification 
entries are currently being submitted on vPIC.
---------------------------------------------------------------------------

    \26\ The existing address in this section is an out-of-date 
address for NHTSA.
    \27\ https://vpic.nhtsa.dot.gov/.
---------------------------------------------------------------------------

b. Manufacturer Identifier

    Replica motor vehicle manufacturers would need to obtain a 
manufacturer identifier in this program, like other manufacturers are 
currently required to do. Currently, a manufacturer that intends to 
manufacture motor vehicles for sale or introduction into interstate 
commerce in the United States must obtain a manufacturer identifier 
from SAE International. The manufacturer identifier is incorporated 
into the vehicle's VIN (see section below). NHTSA has a contract with 
SAE International to assign manufacturer identifiers to manufacturers 
in the United States. Manufacturers would contact SAE International 
directly (and not NHTSA) to request the assignment of a manufacturer 
identifier. They would do so by telephoning 724-772-8511 or by writing 
to: SAE International, 400 Commonwealth Avenue, Warrendale, PA 15096, 
Attention: WMI Coordinator.

c. VIN

    NHTSA's regulations at 49 CFR part 565 require, among other things, 
a motor vehicle manufacturer to assign each motor vehicle manufactured 
for sale in the United States a 17-character VIN that uniquely 
identifies the vehicle. Under regulations administered by NHTSA, a 
vehicle identification number is ``a series of Arabic numbers and Roman 
letters that is assigned to a motor vehicle for identification 
purposes.'' (49 CFR 565.12(r)).
    VINs serve a variety of public safety purposes. One of the original 
purposes of the VIN requirements was to enhance public safety by 
deterring vehicle theft based on the assumption that drivers of stolen 
vehicles are more likely to operate those vehicles unsafety and thus be 
involved in vehicle crashes.\28\ The current VIN system continues to 
serve this purpose and, as stated in Part 565, also serves ``to 
increase the accuracy and efficiency of vehicle recall campaigns.'' 
\29\ The VIN has also become the key identifier in data systems that 
track such things as compliance with Federal importation regulations, 
vehicle registrations, insurance coverage, and motor vehicle crashes. 
Entities that today utilize VINs in data systems include NHTSA, state 
motor vehicle departments, law enforcement agencies, insurance 
companies, organizations involved in motor vehicle research, and 
manufacturers.\30\
---------------------------------------------------------------------------

    \28\ 73 FR 23367-01, September 30, 2008.
    \29\ 49 CFR 565.10.
    \30\ 73 FR 23367-01, September 30, 2008.
---------------------------------------------------------------------------

    NHTSA has considered whether changes are required to the 
regulations at 49 CFR part 565 for replica motor vehicles. The first 
section of the VIN (positions 1-3) uniquely identifies the manufacturer 
and type of the motor vehicle if the manufacturer is a high-volume 
manufacturer. If the manufacturer is a low-volume manufacturer, 
positions one through three along with positions twelve through 
fourteen in the VIN must uniquely identify the manufacturer and the 
type of the motor vehicle. The manufacturer identifier occupies the 
first three characters of the VIN for manufacturers that produce 1,000 
or more vehicles of a specified type within a model year, and positions 
1, 2, 3, 12, 13, and 14 of VINs assigned by manufacturers that produce 
less than 1,000 vehicles of a specified type of motor vehicle per model 
year. Because this proposal would create a new vehicle type for replica 
motor vehicles in Part 565 and each manufacturer is limited to 
manufacturing 325 replica vehicles per year, all manufacturers of 
replica vehicles would need to obtain new manufacturer identifiers that 
contain six characters. Therefore, even existing manufacturers who are 
manufacturing passenger cars would need to obtain new manufacturer 
identifier to manufacture replica passenger cars. However, the same 
identifier could be used for manufacturing different vehicle types. The 
vehicle type of the replica vehicles (e.g., passenger car, MPV) would 
be

[[Page 802]]

indicated in positions four through eight.
    The second section of the VIN (positions 4-8) is known as the 
``Vehicle Descriptor Section.'' This section contains information on 
vehicle attributes, which vary based on the vehicle's type 
classification (i.e., passenger car, multipurpose passenger vehicle, 
truck, bus, trailer, motorcycle, low speed vehicle).
    The third section (position 9) is a check digit, used to determine 
whether the remainder of the VIN is properly configured.
    The fourth section (positions 10-17) contains a variety of 
information. Position 10 represents the vehicle's model year. NHTSA 
interprets model year for the purposes of this replica vehicle program 
as the calendar year in which the vehicle was manufactured, and not, in 
the case of replica motor vehicles, the year the vehicle being 
replicated was originally manufactured. While these vehicles will be 
exempt from vehicle FMVSS, this information will be important for 
enforcement purposes. As discussed below, NHTSA is also required to 
include reporting requirements in this regulation, and NHTSA has 
proposed requirements that distinguish the year of manufacture from the 
year the replicated vehicle was manufactured.
    Position 11 is the plant code, assigned by the manufacturer and 
reported to NHTSA.
    For manufacturers of replica motor vehicles, positions 12-14 will 
be the remainder of the manufacturer identifier, which, with the 
characters in positions 1-3 of the VIN, uniquely identify the 
manufacturer and vehicle type for manufacturers that produce less than 
1,000 vehicles of that type per model year. Positions 15-17 are the 
numbers sequentially assigned by the manufacturer during the production 
process.
    NHTSA is proposing to amend the second section (Vehicle Descriptor 
Section), positions 4-8, of the VIN to include specific vehicle 
attributes for replica vehicles. Within positions 4-8, the manufacturer 
must identify, in addition to the attributes specified in table I of 
Part 565 for the vehicle's type classification (i.e., passenger car, 
multipurpose passenger vehicle, truck bus) that the vehicle is a 
replica.
    This information would be important to NHTSA for tracking the 
safety of the replica motor vehicles and for other purposes. It also 
may be desirable to the States, which are permitted to regulate these 
vehicles under the provisions of the FAST Act.
    NHTSA is also proposing amendments to Table I of Sec.  565.15 which 
would require replica manufacturers to encode the make, model, and 
model year of the original replicated vehicle into the replica 
vehicle's VIN.
    NHTSA is requesting comment on the proposed VIN requirements for 
replica motor vehicles.

d. Certification

    Section 30114(b)(3)(a) directs NHTSA to require low-volume 
manufacturers to affix permanent labels to the exempted vehicles that 
identify the specified standards and regulations for which the vehicle 
is exempt, states that the vehicle is a replica, and designates the 
model year such vehicle replicates. NHTSA considered whether the label 
should be conspicuous or whether it should be in the same location as 
the certification labels required under 49 CFR part 567. While NHTSA 
believes that consumers should be provided a conspicuous warning label, 
NHTSA believes that aim is better accomplished by a requirement that 
manufacturers affix a temporary label, as discussed below.
    To satisfy the requirement to have a permanent label, NHTSA is 
proposing requirements similar to those for certification labels that 
are required under 49 CFR part 567. NHTSA believes these labels will 
provide necessary information about the safety of the replica vehicle 
without detracting from the customer experience. NHTSA requests 
comments regarding the permanent label's placement and content 
requirements.
    49 CFR part 567 includes permanent labeling requirements for motor 
vehicles to implement the certification requirements of 49 U.S.C. 
30115. This NPRM proposes amendments to Part 567 to include a specific 
provision for certifying replica vehicles. Most of the requirements 
would be the same as those for non-replica vehicles.
    For example, NHTSA is first proposing that Sec.  567.4(a) be 
amended to include ``replica motor vehicles'' in the list of vehicles 
that are exempt from those requirements. Section 567.3 would be amended 
to include a definition of ``replica motor vehicles'' as discussed 
above. Next, new requirements for replica motor vehicles would be added 
in a similar format to the existing requirements. NHTSA is proposing to 
include the requirements in a new Sec.  567.8. Many of the requirements 
would be the same or similar to those for other vehicles, such as the 
location on the vehicle where the label is to be affixed, as well as 
the contents of the label, including manufacturer name, month and year 
of manufacture, VIN, GVWR, vehicle type classification, and gross 
vehicle and gross axle weight ratings.
    However, as amended by the FAST Act, 49 U.S.C. 30114(b)(3)(A) 
specifies that NHTSA shall require low-volume manufacturers to affix a 
permanent label to motor vehicles produced pursuant to a replica 
vehicle exemption. The label must identify the specified standards and 
regulations from which the replica vehicle is exempt under 49 U.S.C. 
30112(a), state that the vehicle is a replica, and designate the model 
year such vehicle replicates. NHTSA is proposing that the requirements 
for permanent labeling be incorporated into the requirements for 
certification labels under 49 CFR part 567. NHTSA is proposing to 
incorporate the permanent label requirements for replica motor vehicles 
in the certification section to avoid duplicative requirements.
    Details of the proposed permanent label requirements are discussed 
in a section below.

e. Importation of Replica Motor Vehicles

    Imported replica vehicles will be subject to requirements in Part 
591, Importation of Vehicles and Equipment Subject to Federal Safety, 
Bumper and Theft Prevention Standards. Section 591.5, Declarations 
required for importation, requires importers to file declarations and 
documentations with U.S. Customs and Border Protection at the time 
vehicles or items of motor vehicle equipment are imported. Consistent 
with NHTSA's treatment of vehicles that are subject to exemptions under 
Part 555, Temporary Exemption from Motor Vehicle Safety and Bumper 
Standards, replica vehicles will be permitted to be imported pursuant 
to 49 CFR 591.5(b). This means that importers will mark box ``2A'' on 
NHTSA's HS-7 declaration form, Importation of Motor Vehicles and Motor 
Vehicle Equipment Subject to Federal Motor Vehicle Safety, Bumper when 
importing a replica motor vehicle. NHTSA requests comment on whether 
the agency should amend 49 CFR 591.5 to provide clarity and include 
specific language that states that replica vehicles may be imported 
pursuant to a declaration under 49 CFR 591.5(b).

VIII. Labels and Other Consumer Disclosures

a. Permanent Label

    As amended by the FAST Act, 49 U.S.C. 30114(b)(3)(A) specifies that 
NHTSA shall require low-volume manufacturers to affix a permanent label 
to motor vehicles produced pursuant to

[[Page 803]]

a replica vehicle exemption. NHTSA is proposing that the requirements 
for replica labeling be incorporated into the requirements for 
certification labels under 49 CFR part 567 because Part 567 includes 
permanent labeling requirements for motor vehicles pertaining to 
certification to the FMVSS.
    Part 567 currently requires manufacturers to certify that the 
vehicle conforms to all applicable FMVSS. This NPRM proposes a 
different statement for replica vehicles. For replicas, the label would 
state that the vehicle is a replica, and designate the model year such 
vehicle replicates. The label would state that the vehicle is exempt 
from FMVSS that apply to a vehicle of its type and include a list of 
all vehicle FMVSS and regulations the vehicle does not meet.

b. Written Notice to Dealers and First Purchasers

    The FAST Act permits NHTSA to require registrants to provide 
``written notice of the exemption'' to dealers and first purchasers of 
replica vehicles.\31\ Accordingly, NHTSA proposes to require a written 
disclosure to dealers and first purchasers of these vehicles which 
would consist of a list of the FMVSS and regulations from which the 
vehicle is exempt. To better inform consumers, NHTSA is proposing that 
the manufacturers provide a ``purpose'' statement for each standard and 
regulation from which the vehicle is exempt. The purpose statement 
would assist consumers in understanding the safety implications of the 
exemptions.
---------------------------------------------------------------------------

    \31\ 49 U.S.C. 30114(b)(3)(B).
---------------------------------------------------------------------------

    NHTSA has proposed purpose statements for each of the standards and 
regulations covered by the replica vehicle exemptions for inclusion in 
a table to Part 586. NHTSA is proposing using slight revisions of the 
existing ``purpose'' statements set forth at the beginning of each 
NHTSA regulation and standard in the CFR. NHTSA is asking for comments 
about whether the statements are easy to understand. The agency also 
requests comment on whether the table is needed or desirable. 
Registrants could research the CFR and provide the purpose statements 
on their own without NHTSA's intervention and without the need for 
NHTSA to conduct rulemaking to amend the table as necessary.

c. Temporary Label

    To draw the potential purchaser's attention to the written 
disclosure and to better inform consumers about the safety implications 
of their purchasing decisions, NHTSA is proposing a requirement that 
each replica vehicle have a temporary label on the dashboard or 
steering wheel hub, similar to the temporary air bag warning required 
by 49 CFR 571.208 S4.5.1(e) when the vehicle is offered for sale. NHTSA 
is proposing that the label conform to the color and size requirements 
of 49 CFR 571.208 S4.5.1(e)(1)(i) and (ii), and include the following 
statement in at least 20-point font: ``This motor vehicle does not 
conform to all applicable Federal motor vehicle safety standards. Refer 
to the written disclosures provided for further information.'' Comments 
are requested on whether there are more effective means of warning 
consumers about the replica vehicles' nonconformance with the 
applicable FMVSS, such as whether the warning should also be provided 
on advertisements and other marketing materials for the vehicles. NHTSA 
also requests comment on the appropriate minimum lettering size for the 
temporary warning label. Specifically, NHTSA requests comment on 
whether the requirement that the warning statement be in 20-point font 
or larger is appropriate to ensure legibility and conspicuity.

IX. Reporting

    Under 49 U.S.C. 30114(b)(3)(C), NHTSA must require replica 
manufacturers to submit an annual report providing the number and 
description of motor vehicles exempted as replica motor vehicles, 
including a list of the exemptions included on the mandatory label 
described above. Because of this requirement, NHTSA is proposing to 
specify that ``replica model year'' for replica motor vehicles must 
correspond to the calendar year in which the replica was manufactured. 
This would differ from ``Original model year of a replicated vehicle,'' 
which would be the year in which the vehicle being replicated was 
originally manufactured.
    NHTSA is also proposing that annual reports must be submitted 
within 60 days of the end of the calendar year. Because these vehicles 
would be produced in limited quantities, NHTSA believes that the 
information for the report could be entered after each vehicle is 
manufactured and that meeting a 60-day deadline for submitting the 
report at the end of the calendar year is therefore reasonable.
    NHTSA is proposing to require that annual reports include:

--Manufacturer's legal name;
--Manufacturer's address and phone number and email address;
--The calendar year for which the annual report is submitted (replica 
model year) and the total number of replica vehicles manufactured 
during that year.
--List of the different versions of replica motor vehicles produced by 
make, model, and original model year of replicated vehicle.
--List of the FMVSS and regulations from which each version of replica 
vehicle (by make, model, and original model year of replicated vehicle) 
is exempt.
--Images of the front, rear, and side views of the original vehicle(s) 
replicated, of both the vehicle's exterior, and images of the same 
views of a representative replica manufactured to resemble each 
original vehicle.
--Full complete descriptive information, views, and arguments 
sufficient to establish that the replica motor vehicles, as 
manufactured, resemble the body of the original vehicle;
--The complete Vehicle Identification Number (VIN) of each replica 
vehicle manufactured.
--Statement as to whether the replica vehicle contains any of the 
following vehicle safety features:
    [cir] Air bags
    [cir] Seat belts
    [cir] Advanced safety systems/passive safety systems (listed w/
locations)
    [cir] Electronic Stability Control
    [cir] Rear visibility camera system

    Statement of whether to the registrant will be manufacturing the 
same replica motor vehicle(s) in the next calendar year and if so, how 
many vehicles it will be manufacturing.\32\ If the manufacturer intends 
to continue manufacturing replica motor vehicle(s), the manufacturer 
must also submit information sufficient to establish that their annual 
world-wide production, including by a parent or subsidiary of the 
manufacturer, if applicable, is not more than 5,000 motor vehicles, and 
a statement certifying to that effect, including the total number of 
motor vehicles produced by or on behalf of the registrant in the 12-
month prior to filing the registration.
---------------------------------------------------------------------------

    \32\ Section 30114(b)(5) states that an exemption shall expire 
at the end of the calendar year for which it was granted with 
respect to any volume authorized by the exemption that was not 
applied by the low-volume manufacturer to vehicles built during that 
calendar year. NHTSA has tentatively decided not to require 
manufacturers to re-register (renew their registrations) annually, 
but instead may carry forward their registration by informing NHTSA 
in the annual report of their intent to continue manufacturing the 
vehicles covered by the approved registration.
---------------------------------------------------------------------------

    NHTSA is proposing that the annual report must be submitted using 
the NHTSA Product Information Catalog and Vehicle Listing (vPIC). The 
website

[[Page 804]]

would be updated to accommodate the submission of the annual replica 
vehicle reports. NHTSA believes that the use of the online portal would 
be less burdensome than requiring manufacturers to submit their annual 
reports by mail. Online submission of the annual reports would also 
assist NHTSA in complying with the FAST Act requirement that NHTSA 
maintain a list of manufacturers of replica motor vehicles and the make 
and model of exempted vehicles being produced. NHTSA intends to 
maintain this list on its website as allowed by new subsection (b)(5) 
added to 49 U.S.C. 30114 by Sec. 24405(a) of the FAST Act. NHTSA 
requests comments on whether vPIC should be mandated for annual reports 
or whether manufacturers should have the option of sending them by 
mail.
    NHTSA is proposing requiring a list of the complete VINs of all 
replica vehicles to be included in the annual report. This requirement 
will assist NHTSA in enforcing the annual limit of 325 replica vehicles 
per manufacturer. And, as manufacturers already maintain lists of all 
VINs manufactured in a given year, the burden should be very 
minimal.\33\
---------------------------------------------------------------------------

    \33\ Although manufacturers keep lists for business purposes, it 
is also required by 49 CFR part 573, Defect and Non-Compliance 
Responsibility and Reports.
---------------------------------------------------------------------------

X. Revocation of Registrations

    New subsection (b)(5) added to 49 U.S.C. 30114 by Sec. 24405 of the 
FAST Act specifies that NHTSA has the authority to revoke a 
registration ``based on a failure to comply with requirements set forth 
in this subsection [of the FAST Act] or a finding by the Secretary of a 
safety-related defect or unlawful conduct under this chapter that poses 
a significant safety risk.'' NHTSA is including this provision in the 
proposed Part 586 regulation.\34\
---------------------------------------------------------------------------

    \34\ As stated in section 30114(b)(8), a low-volume manufacturer 
shall be considered a motor vehicle manufacturer for purposes of 
Title 49 subtitle VI parts A and C except as expressly provided. 
Therefore, replica manufacturers are subject to the same 
requirements as other manufacturers unless there is an express 
provision that exempts them, as replica manufacturers, from the 
requirement. Designation as a low-volume manufacturer under section 
30114(b)(8) only applies in the context of exemptions for 
manufacturers of replica motor vehicles. Section 30114(b)(8) states 
that replica manufacturers will not be exempt from the requirements 
of 49 U.S.C. 30116 through 30120A which provide requirements for 
defects and noncompliance reporting, notification and remedies. 
NHTSA is not proposing any regulatory changes based on this 
provision. NHTSA requests comments about whether regulatory changes 
are necessary for clarification. If commenters believe regulatory 
changes are desirable, NHTSA requests that commenters provide 
details on what changes should be made.
---------------------------------------------------------------------------

    NHTSA would like to emphasize that revocation of registrations is 
not NHTSA's only means of enforcement. NHTSA's defect and recall 
authority under 49 U.S.C. 30116 through 30120A continues to apply.

XI. Overview of Benefits and Costs

    NHTSA has developed a Preliminary Regulatory Evaluation (PRE) that 
discusses the potential costs, benefits and other impacts of this 
regulatory action. The PRE is available in the docket for this NPRM and 
may be obtained by downloading it or by contacting Docket Management at 
the address or telephone number provided at the beginning of this 
document.
    The table below provides a summary of the various benefits and 
costs that may accrue from this rule, as well as the various factors 
that define the range of possible outcomes.

       Table 1--Ranges of Outcomes for Benefit and Cost Categories
------------------------------------------------------------------------
            Element                  Low case            High case
------------------------------------------------------------------------
Benefits:
    Incremental consumer        Not estimated:     Not estimated: If
     surplus.                    Incremental        replicas
                                 consumer surplus   manufactured under
                                 would be low if    the rule differ
                                 substitutes such   greatly in price and/
                                 as luxury sports   or transaction cost
                                 cars and kit       from luxury sports
                                 cars are viable    cars and kit cars--
                                 alternatives for   thus behave more
                                 consumers.         like a unique
                                                    product--incremental
                                                    consumer surplus
                                                    could be high.
    Incremental fatalities,     Estimated:         Estimated: Fatalities
     injuries and property       Fatalities would   would be higher if:
     damage.                     be lower if:       Voluntary compliance
                                 Voluntary          is low; production
                                 compliance with    is high; and if VMT
                                 safety standards   is high. Not
                                 is high;           Estimated:
                                 production of      Fatalities would be
                                 replicas is on     higher if replicas
                                 the low end; and   function as a new
                                 VMT by replicas    market that attracts
                                 is also low. Not   new consumers--
                                 Estimated:         implying
                                 Fatalities will    substitution from
                                 be lower if        more compliant
                                 replicas           vehicles--or, if
                                 primarily          replica vehicle
                                 function as a      drivers choose to
                                 substitute for     increase their VMT
                                 kit cars.          specifically to
                                                    enjoy the replica
                                                    vehicle, rather than
                                                    as a substitute for
                                                    mileage driven in
                                                    substitute vehicles.
    Innovation................  Not Estimated:     Not Estimated:
                                 The proposed       Manufacturers
                                 rule is            producing under the
                                 primarily used     proposed rule seek
                                 to replicate old   to incorporate some
                                 technology.        newer technologies
                                                    into replica
                                                    vehicles. Could lead
                                                    to innovation to
                                                    make technology fit
                                                    into older designs.
                                                    (e.g.,
                                                    miniaturization).
    Incremental employment      Not Estimated:     Not Estimated: If kit
     impacts.                    Job losses from    car production
                                 contractors and    remains relatively
                                 small businesses   stable and replica
                                 that assemble      car production
                                 kit cars are       increases
                                 around or equal    significantly
                                 to the job gains   (consistent with
                                 for small          case where replicas
                                 replica            are a new and
                                 manufacturers.     separate product
                                                    category),
                                                    employment effects
                                                    would be greater.
Costs:
    Mitigated compliance costs  Estimated:         Not Estimated: Would
                                 Captures the       consider the avoided
                                 cost of            costs of forcing
                                 installing         required safety
                                 required safety    technologies into
                                 technologies on    older vehicle
                                 an average         designs.
                                 modern car.
    Incremental fuel use......  Not Estimated:     Not Estimated:
                                 Reflects low VMT.  Reflects high VMT.
    Reporting costs...........  Estimated:         Estimated: Reflects
                                 Reflects low       high bound of
                                 bound of           production.
                                 production.
------------------------------------------------------------------------


[[Page 805]]

    NHTSA requests comment on the framework for the benefit cost 
analysis and preliminary estimates included in the analysis.

XII. Effective Date

    NHTSA proposes to make the changes discussed in this NPRM effective 
immediately upon publication of the final rule in the Federal Register. 
The Administrative Procedure Act (APA) states that a rule cannot be 
made effective less than 30 days after publication, unless the rule 
falls under one of three enumerated exceptions. One of these exceptions 
is for a rule that ``grants or recognizes an exemption or relieves a 
restriction.'' \35\ This rule would fall under this exception because 
it would create a process through which manufacturers could obtain 
exemptions to manufacture replica vehicles.
---------------------------------------------------------------------------

    \35\ 5 U.S.C. 553(d)(1).
---------------------------------------------------------------------------

XIII. Regulatory Notices and Analyses

Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    OMB has determined that this rule is nonsignificant. The amendments 
proposed by this NPRM implement an exemption program mandated by 
section 24405 of the FAST Act for low-volume manufacturers involving a 
relatively small number of motor vehicles. Potential benefits include 
costs avoided by low-volume manufacturers when producing replica 
vehicles that would not be required to meet all the Federal regulations 
and FMVSS applicable to new motor vehicles. Potential benefits could 
also include increased consumer surplus, reduced barriers to 
innovation, and increased incremental employment impacts among small 
manufacturers. Safety impacts could result from crashes if replica 
vehicles do not meet certain safety standards. However, we expect the 
program to have no significant effect on the national economy, due to 
the small number of vehicles affected by this program.

Regulatory Reform (E.O. 13771 and E.O. 13783)

    NHTSA has reviewed this proposed rule for compliance with E.O. 
13771 (``Reducing Regulation and Controlling Regulatory Costs''), which 
requires Federal agencies to offset the number and costs of new 
regulations through the repeal, revocation, and revision of existing 
regulations. As provided in OMB Memorandum M-17-21 (``Implementing E.O. 
13771''), a ``regulatory action'' subject to E.O. is a significant 
regulatory action as defined in section 3(f) of E.O. 12866 that has 
been finalized and that imposes total costs greater than zero.
    For the reasons identified in the previous sections, this proposed 
rule is not a significant regulatory action under E.O. 12866 and is a 
``deregulatory action'' under E.O. 13771 because its total costs to 
manufacturers will be less than zero.
    Details on the estimated cost savings of this proposed rule are 
presented in the Preliminary Regulatory Evaluation. The document 
evaluates the economic impact, in terms of benefits and costs, on 
Federal, State, and local governments, as well as private entities 
regulated under this action and the public, as required by E.O. 12866 
and E.O. 13563.

National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321-4347) requires Federal agencies to consider the environmental 
impacts of proposed major Federal actions significantly affecting the 
quality of the human environment, as well as the impacts of 
alternatives to the proposed action.\36\ The FAST Act requires NHTSA to 
establish an exemption program for replica vehicles, and this action 
implements that exemption program and the procedural mandates in the 
Act. The aspects of the program under the jurisdiction of NHTSA that 
could have environmental impacts include the exemption from the FMVSS 
(including those that may affect motor vehicle fuel economy) and the 
exemption from average fuel economy standards that are both 
specifically prescribed by statute. Although the PRE considers the 
impacts of this proposal, NHTSA does not have the authority to consider 
alternatives that would subject replica vehicles covered under this 
program to the FMVSS or the average fuel economy standards in 49 U.S.C. 
32902. Therefore, NHTSA is precluded from considering the environmental 
and safety impacts of those aspects of the replica vehicle exemption 
program in its rulemaking and is not required to address them in its 
Environmental Assessment.
---------------------------------------------------------------------------

    \36\ 42 U.S.C. 4332(2)(C).
---------------------------------------------------------------------------

    When a Federal agency prepares an environmental assessment, the 
Council on Environmental Quality (CEQ) NEPA implementing regulations 
(40 CFR parts 1500 through 1508) require it to ``include brief 
discussions of the need for the proposal, of alternatives [. . .], of 
the environmental impacts of the proposed action and alternatives, and 
a listing of agencies and persons consulted.'' \37\ This section serves 
as the agency's Draft Environmental Assessment (Draft EA) for those 
aspects of the program for which NHTSA may exercise discretion. NHTSA 
invites public comments on the contents and tentative conclusions of 
this Draft EA.
---------------------------------------------------------------------------

    \37\ 40 CFR 1508.9(b).
---------------------------------------------------------------------------

    This document sets forth the purpose of and need for this action. 
The purpose of this rulemaking is to implement the exemption program 
and the procedural mandates described in Section 24405 of the FAST Act, 
which directs NHTSA to exempt annually a limited number of replica 
motor vehicles manufactured or imported by low-volume manufacturers 
from the FMVSS that apply to motor vehicles, but not standards that 
apply to motor vehicle equipment. In addition, replica vehicles will be 
exempt from the requirements of 49 U.S.C. 32304, 32502, and 32902, as 
well as from section 3 of the Automobile Information Disclosure Act (15 
U.S.C. 1232). This action is needed to implement a program to grant 
exemptions, as directed by Congress, for the manufacture of replica 
vehicles. NHTSA is also proposing labeling, consumer disclosure, and 
registration requirements to ensure adequate public awareness and 
agency oversight over these vehicles.
    NHTSA seeks comment on all aspects of its proposal, including 
limitations on importers, application to vehicles manufactured in two 
or more stages, the use of vehicle logos and emblems as a requirement 
of resemblance, the requirement to have the same dimensions and outward 
appearance as the original vehicle, labeling requirements, and more. 
The above requests for public comment specifically describe alternative 
approaches to regulation that are being considered by the agency. NHTSA 
will consider all substantive public comments received and 
recommendations on alternatives in its final rule.
    The aspects of the program over which NHTSA has the most 
discretion, including labeling requirements and registration, are not 
anticipated to have anything other than de minimis environmental 
impacts. These aspects of the program are largely ministerial in nature 
for replica vehicle manufacturers and importers and are not likely to 
result in a significant change in sales volumes. Further, NHTSA assumes 
that 40 low-volume manufacturers will produce between 4,000 and 8,000 
replica vehicles annually, and the vehicles are expected to be driven, 
on average, no more than 2,280 miles per year. With regard to all 
aspects of the replica vehicle exemption program

[[Page 806]]

(including the exemption from the FMVSS and average fuel economy 
standards), these vehicles represent an extremely small fraction of 
overall motor vehicle sales and on-road VMT that will be disbursed 
throughout the country. As a result, they are unlikely to cause 
environmental impacts that could rise to any level of significance. 
NHTSA seeks comments on this analysis and whether there are any 
environmental impacts it has not considered that are relevant to a 
reasoned choice by the decisionmaker.
    NHTSA and DOT have consulted with EPA in developing this proposal.
    NHTSA has reviewed the information presented in this Draft EA and 
concludes that the proposed action and alternatives it may consider 
would have nothing more than de minimis impacts on the quality of the 
human environment. Based on the information in this Draft EA and 
assuming no additional information or changed circumstances, NHTSA 
expects to issue a Finding of No Significant Impact (FONSI). Such a 
finding will be made only after careful review of all public comments 
received. A Final EA and a FONSI, if appropriate, will be issued as 
part of the final rule.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish an NPRM or 
final rule, generally it must prepare and make available for public 
comment a regulatory flexibility analysis that describes the effect of 
the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). The Small 
Business Administration's regulations at 13 CFR part 121 define a small 
business, in part, as a business entity ``which operates primarily 
within the United States.'' (13 CFR 121.105(a)). A regulatory 
flexibility analysis is not required if the head of the agency 
certifies that the action would not have a significant economic impact 
on a substantial number of small entities. The Regulatory Flexibility 
Act requires Federal agencies to provide a statement of the factual 
basis for certifying that a proposal would not have a significant 
economic impact on a substantial number of small entities.
    In compliance with the Regulatory Flexibility Act, NHTSA has 
evaluated the effects of this proposed rule on small entities and has 
prepared an Initial Regulatory Flexibility Analysis (IRFA).
    This proposed rule would directly impact low-volume manufacturers 
that choose to produce replica vehicles and that would fall under North 
American Industry Classification System (NAICS) Nos. 336111, 336112, 
and 336120 for Automobile Manufacturing, Light Truck and Utility 
Vehicle Manufacturing, and Heavy Duty Truck Manufacturing. According to 
13 CFR 121.201, the Small Business Administration's size standards 
regulations used to define small business concerns, entities in these 
industries are small business concerns if they have 1,500 or fewer 
employees. NHTSA expects that most, if not all, replica manufacturers 
will have 1,500 employees or fewer. NHTSA estimates that up to 40 
manufacturers will register as low-volume manufacturers of replica 
vehicles. However, as the Small Business Administration's regulations 
define a small business, in part, as a business entity ``which operates 
primarily within the United States,'' foreign manufacturers that 
participate in the replica vehicle program are not considered small 
businesses for the purposes of the Regulatory Flexibility Act.\38\ Of 
the expected 40 such manufacturers, 10 of them are assumed to be 
foreign replica manufacturers.\39\ Therefore, this proposed rule is 
expected to impact 30 small entities.
---------------------------------------------------------------------------

    \38\ 13 CFR 121.105(a).
    \39\ This assumption is based on the percent of all passenger 
cars sold in the US but are manufactured outside the U.S. Between 
January and August 2018, 76.1% of vehicles sold in the U.S. were 
produced domestically and 23.9% were imported. ``U.S. light-vehicle 
sales by nameplate, August & 8 months.'' Automotive News. September 
10, 2018, pp. 56-7.
---------------------------------------------------------------------------

    Until the FAST Act was enacted, all low-volume manufacturers of 
replica vehicles were subject to virtually the same Vehicle Safety Act 
requirements as the largest manufacturers when producing new motor 
vehicles. Occasionally, small manufacturers are given more time to 
comply with new FMVSS requirements, such as by having longer phase-in 
timelines to comply with new requirements, and can also petition for 
exemptions from certain FMVSS for limited periods of time on certain 
specific grounds.\40\ However, notwithstanding the flexibility 
regarding compliance dates and limited-period exemptions, until the 
FAST Act, low-volume manufacturers of replica vehicles had the same 
responsibilities as larger manufacturers to certify their vehicles as 
complying with all FMVSS applying to the vehicle that were in effect on 
the day of manufacture of the vehicle. These FMVSS comprise standards 
applying to ``equipment'' and standards applying to the ``vehicle'' as 
a unit.
---------------------------------------------------------------------------

    \40\ Pursuant to 49 CFR part 555, a manufacturer may petition 
for a temporary 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.
---------------------------------------------------------------------------

    The FAST Act allows low-volume manufacturers of replica vehicles 
registered in the proposed exemption program to manufacture vehicles 
that are exempt from meeting the ``vehicle'' FMVSS. NHTSA estimates 
that involvement in the proposed Part 586 exemption program would save 
low-volume manufacturers of replica passenger cars and light trucks, 
MPVs, and buses (LTVs) between $3.4 million and $17.2 million at a 
three-percent discount rate (between $3.3 million and $16.8 million at 
a seven-percent discount rate) annually resulting from the elimination 
of the requirement to comply with the vehicle FMVSS, fuel economy 
standards, bumper standards, and labeling requirements.\41\ This means 
that each replica vehicle manufacture would, on average, experience 
cost savings of between $85,000 and $430,000 annually at a three-
percent discount rate and between $82,000 and $420,000 annually at a 
seven-percent discount rate.\42\ NHTSA expects this cost savings would 
have a significant positive economic impact on the 30 regulated small 
entities.
---------------------------------------------------------------------------

    \41\ Additional detail on these estimates is provided in the 
Preliminary Regulatory Evaluation.
    \42\ NHTSA divided the total cost savings by 40 because these 
estimates are based on NHTSA's assumption that there will be a total 
of 40 replica manufacturers producing, on average, 200 vehicles per 
year. In addition to the 30 replica manufacturers that NHTSA expects 
to be considered small businesses by SBA, the total cost savings 
also include savings to an estimated 10 replica manufacturers that 
would not be considered small businesses by SBA.
---------------------------------------------------------------------------

    According to guidance provided by the SBA's Office of Advocacy, to 
determine whether the number of small entities significantly impacted 
is substantial, an agency may need to look not only at the number of 
significantly impacted entities, but also at the percentage of affected 
small entities so impacted.\43\ In view of the fact that the proposal 
is expected to significantly economically impact 100 percent of the 30 
regulated small entities, this would be a substantial number. 
Therefore, the replica vehicle program is expected to significantly 
economically impact a substantial number of small entities.

[[Page 807]]

Accordingly, NHTSA has prepared this Initial Regulatory Flexibility Act 
Analysis.
---------------------------------------------------------------------------

    \43\ U.S. Small Business Administration Office of Advocacy, A 
Guide for Government Agencies: How to Comply with the Regulatory 
Flexibility Act, 21-22 (August 2017), available at https://www.sba.gov/sites/default/files/advocacy/How-to-Comply-with-the-RFA-WEB.pdf (last accessed Oct. 15, 2018).
---------------------------------------------------------------------------

Overview of the Objectives of and Legal Basis for the Proposed Rule
    NHTSA is proposing requirements in this NPRM to implement a program 
mandated under the National Traffic and Motor Vehicle Safety Act 
(Vehicle Safety Act), as amended by the Fixing America's Surface 
Transportation Act (the FAST Act). The FAST Act directs the NHTSA by 
delegation to exempt not more than 325 replica motor vehicles per year 
that are manufactured or imported by a low-volume manufacturer. The 
exemption must be limited to the FMVSS applicable to motor vehicles, 
not motor vehicle equipment.
    NHTSA is issuing this NPRM proposing to establish 49 CFR part 586 
to implement the replica motor vehicle exemption program.\44\ NHTSA is 
proposing a new 49 CFR part 586 to establish the requirements and 
procedures for the registration of low-volume manufacturers as replica 
motor vehicle manufacturers and establishes the duties of the 
manufacturers.
---------------------------------------------------------------------------

    \44\ The FAST Act replica motor vehicle provision is not self-
executing. That is, the Secretary must take steps to implement it.
---------------------------------------------------------------------------

Description and Estimate of the Number of Small Entities to Which the 
Rule, if Made Final, Will Apply; Compliance Impacts
    This proposed rule would affect manufacturers who have a total 
annual worldwide production of 5,000 vehicles or less. According to 13 
CFR 121.201, the Small Business Administration's size standards 
regulations used to define small business concerns, vehicle 
manufacturers would fall under North American Industry Classification 
(NAICS) No. 336111, Automobile Manufacturing, which has a size standard 
of 1,000 employees. Using the size of 1,000 employees or fewer, NHTSA 
estimates that most, if not all, of the manufacturers that would 
produce replica vehicles would be small businesses. NHTSA estimates 
that there will be approximately 40 manufacturers that will take 
advantage of this program and manufacture replica vehicles under the 
replica vehicle exemption program.
    Although this proposed rule would affect small manufacturers, we do 
not anticipate that the proposed rule would have a significant negative 
economic impact. Instead, this proposed rule should reduce compliance 
costs for the small businesses that produce replica vehicles under the 
exemption program. NHTSA estimates that manufacturers will save between 
$3.4 million and $17.2 million at a three-percent discount rate 
(between $3.3 million and $16.8 million at a seven-percent discount 
rate) annually. The cost savings result from low-volume manufacturers 
no longer having to conform their vehicles to the ``vehicle'' FMVSS.
A Description of the Projected Reporting, Record Keeping and Other 
Compliance Requirements of the Proposed Rule, Including an Estimate of 
the Classes of Small Entities Which Will Be Subject to the Requirement 
and the Type of Professional Skills Necessary for Preparation of the 
Report or Record
    The proposed rule contains reporting, record keeping and other 
compliance requirements to implement the replica vehicle program. All 
the proposed reporting and record keeping requirements discussed below 
are mandated or contemplated by the FAST Act or are essential to 
carrying out the statute.
    First, in accordance with the FAST Act, low-volume manufacturers 
wishing to qualify for an exemption must register with NHTSA in 
accordance with this proposed regulation. The FAST Act mandates this 
registration requirement in section 30114(b)(1)(B)(2), specifying that 
``a low-volume manufacturer shall register with [NHTSA] at such time, 
in such manner, and under such terms that [NHTSA] determines 
appropriate.'' NHTSA estimates that it would take each manufacturer 10 
hours to draft and compile the submission. At an estimated cost of 
$48.47 per hour,\45\ this burden would cost each manufacturer $484.70 
one time for each original vehicle the manufacturer seeks to replicate.
---------------------------------------------------------------------------

    \45\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
---------------------------------------------------------------------------

    Second, in accordance with the FAST Act, manufacturers of replica 
vehicles would be required to submit annual reports. The annual reports 
are required by section 30114(b)(1)(C), which specifies that the annual 
report include the number and description of the motor vehicles 
exempted and a list of the exemptions described on a permanent label 
required by section 30114(b)(3)(A) (described below). The agency 
proposes that the annual report would be submitted online. In lieu of a 
requirement that registrants renew their registrations, the NPRM 
proposes only to require registrants to report to NHTSA if they will be 
producing the same replica motor vehicles the following calendar year. 
NHTSA estimates that compiling and submitting the annual report would 
take two hours and would involve primarily administrative skills. NHTSA 
estimates that labor to compile the report would cost $48.47 per hour, 
for a total cost to compile the report of $96.94.\46\
---------------------------------------------------------------------------

    \46\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
---------------------------------------------------------------------------

    Third, in accordance with the FAST Act, the proposed rule would 
also require the registrants to disclose information to consumers. 
Because the replica vehicles would be exempt from complying with 
current FMVSS, it is important that the consumer understand the reduced 
level of safety provided by the vehicle. In accordance with a mandate 
in section 30114(b)(3)(A), the NPRM would require registrants to affix 
a permanent label to the vehicle identifying the specified standards 
and regulations from which the vehicle is exempt, stating that the 
vehicle is a replica, and designating the model year such vehicle 
replicates. In accordance with discretion provided to NHTSA in section 
30114(b)(3)(B), the proposed rule would require registrants to provide 
written notice of the exemption to the dealer and the first purchaser 
of the vehicle for purposes other than resale. NHTSA estimates that the 
consumer disclosures would cost $1 per vehicle and the temporary labels 
would cost $1 per vehicle. If each manufacturer manufacturers 200 
vehicles, the total cost per manufacturer would be $400 for both the 
consumer disclosures and the temporary labels.
An Identification, to the Extent Practicable, of All the Relevant 
Federal Rules Which May Duplicate, Overlap, or Conflict With the Final 
Rule
    NHTSA does not know of any Federal rules which duplicate, overlap, 
or conflict with this proposal.

[[Page 808]]

A Description of any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of the Applicable Statutes and 
Minimize any Significant Economic Impact of the Final Rule on Small 
Entities
    The FAST Act provision directing the establishment of the replica 
exemption program prescribes specific requirements that limit NHTSA's 
discretion to adopt different regulatory approaches. For the purpose of 
evaluating regulatory alternatives under the requirements of the 
Regulatory Flexibility Act, NHTSA considers here not only alternatives 
that are within NHTSA's discretion, but also alternatives that are not 
permitted by statute. The alternative approaches impact: Which entities 
may participate in the replica vehicle program; the safety performance 
of replica motor vehicles; requirements for replica vehicles to 
resemble the original vehicle; and reporting and informational 
requirements.
    First, NHTSA is considering limiting the exemption program to 
replica vehicles that are built in one stage or, alternatively, 
allowing replica vehicles to be manufactured in two or more stages, if 
they are produced under a registration that was jointly submitted to 
NHTSA by all of the low-volume manufacturers involved with the 
production of the vehicle. These two alternative approaches would 
impact which entities would qualify for the replica vehicle exemption 
program. NHTSA is requesting comment on these approaches out of concern 
about administering the program and the belief that some of the 
requirements for the program could not be met if the vehicle is built 
in more than one stage. NHTSA does not have sufficient data to quantify 
the impact of this alternative approach and requests comment.
    Second, there are alternatives that would impact the safety 
performance of replica vehicles. Although not permitted by statute, one 
alternative would be to take no action. This alternative, to maintain 
the status quo, is demonstrably more burdensome to manufacturers. NHTSA 
estimates that each replica manufacturer that participates in the 
exemption program would, on average, realize cost savings of between 
$85,000 and $430,000 annually (at a three-percent discount rate) and 
between $82,000 and $420,000 annually at a seven-percent discount rate; 
maintaining the status quo would forego these cost savings. Another 
alternative would be to require that replica motor vehicles resemble 
not only the original vehicle's exterior, but also its interior and its 
conformance with FMVSS in effect when the original vehicle was 
manufactured. NHTSA has not quantified the impact of this approach, but 
NHTSA has concluded that it would significantly increase the burden on 
small entities compared to the current proposal. This conclusion is 
based on data from NHTSA's Preliminary Regulatory Evaluation that 
estimates the savings that manufacturers may realize in manufacturing 
vehicles that are exempt from the FMVSS applicable to vehicles. 
Although NHTSA is not proposing the requirement to replicate the safety 
performance of the original vehicle, NHTSA is requesting comment to 
inform future decision-making.
    Third, NHTSA considered some alternative approaches to ensuring 
that vehicles exempted under Part 586 meet the definition for ``replica 
motor vehicle'' in the FAST Act. The definition states that a replica 
motor vehicle ``is intended to resemble the body of another motor 
vehicle.'' To balance objectivity, feasibility, and enforceability, 
NHTSA is proposing to require manufacturers to submit images with each 
registration and documentation confirming that the replica vehicle will 
have the same dimensions (height, width, and length) as the original 
vehicle. Alternatively, NHTSA could have proposed either (1) no 
requirements for resemblance; or (2) requirements that replica vehicles 
have the exact specifications of the original vehicle and fully 
replicate not only the exterior of the original, but also its interior. 
NHTSA believes the proposal strikes the right balance between ensuring 
that the program is limited, as Congress intended, to vehicles that 
resemble previously-made vehicles while not unduly burdening low-volume 
manufacturers. NHTSA decided not to propose requiring the more 
stringent requirements because NHTSA recognizes that obtaining exact 
specifications for original vehicles may be difficult and allowing 
manufacturers to incorporate modern amenities and safety features in 
the interior would enable a greater range of alternatives to customers 
in terms of (improved) vehicle attributes and safety. NHTSA, however, 
thought some minimum requirements would help bring some objectivity to 
NHTSA's evaluation of whether a vehicle met the statutory definition of 
``replica motor vehicle.'' NHTSA also believes that most replica 
manufacturers will act in good faith to ensure resemblance with the 
original and, even in the absence of requirements, will be motivated to 
closely replicate the original vehicle in appearance for marketing 
purposes. Therefore, although NHTSA does not have data to quantify the 
impact of the proposed approach, NHTSA does not expect the proposed 
requirements related to resemblance to generate any significant 
incremental burden for replica vehicle manufacturers.
    Fourth, there are some alternatives that would impact the amount of 
information replica manufacturers would be required to submit to NHTSA 
or disclose to members of the public. The new requirements that are 
specific to replica vehicles include: Registration requirements, annual 
reporting, temporary labels, and consumer disclosures. Some 
alternatives are within NHTSA discretion, such as not requiring the 
submission of images with registration and annual reports. Others, like 
requiring less frequent reporting are not. Because the FAST Act 
provision requires annual reporting, NHTSA does not have discretion to 
require reporting only ever two or five years. NHTSA also does not have 
the discretion to collect less information in the annual report than is 
required by the FAST Act. In proposing these requirements, NHTSA 
considered that most, if not all, of replica vehicle manufacturers 
would be small entities; NHTSA estimated the costs associated with 
these requirements with this in mind, as well. NHTSA estimates the 
total cost associated with these requirements to be less than $1,500 
for each replica manufacturer annually (approximately $4-$5 per vehicle 
if producing the maximum number of replica vehicles allowed per year). 
Thus, NHTSA does not believe these requirements will be burdensome to 
manufacturers, and does not believe less stringent requirements would 
constitute significant alternatives because the cost savings per 
vehicle would be minimal.
    Accordingly, NHTSA does not believe there are any significant 
alternative approaches which would not only accomplish all the 
objectives of the rulemaking and NHTSA's statutory mandate under the 
FAST Act, but also minimize burden on small entities. NHTSA invites 
public comment on this tentative conclusion and whether there are 
workable significant alternative approaches for small entities that the 
agency should consider.

E.O. 13132 (Federalism)

    NHTSA has examined this proposed rule pursuant to E.O. 13132 (64 FR 
43255, August 10, 1999) and concluded that no additional consultation 
with States, local governments or their representatives is mandated 
beyond the rulemaking process. The agency has

[[Page 809]]

concluded that the rulemaking would not have sufficient federalism 
implications to warrant consultation with State and local officials or 
the preparation of a federalism summary impact statement. The proposed 
rule would not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    The FAST Act provision directing NHTSA to allow low-volume 
manufacturers registering with NHTSA to produce replica vehicles 
contains two unique provisions that have preemption implications.\47\ 
The first provision, section 30114(b)(6), provides protection to the 
original manufacturer, its successor or assignee, or current owner, who 
grants a license or otherwise transfers rights to a low-volume 
manufacturer to produce replicas of vehicles. The Act states that those 
persons 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. This legislative command is set forth in the FAST Act and 
this proposed rule has no effect on that directive.
---------------------------------------------------------------------------

    \47\ NHTSA does not believe regulation is necessary to implement 
those provisions.
---------------------------------------------------------------------------

    The second provision, section 30114(b)(9), states that nothing in 
the ``exemption for low-volume manufacturers'' subsection of the Act 
shall be construed to preempt, affect, or supersede any State titling 
or registration law or regulation for a replica motor vehicle, or 
exempt a person from complying with such law or regulation. NHTSA 
interprets this section to mean that States may have their own replica 
motor vehicle standards for the vehicles to be titled or registered in 
that State. NHTSA also interprets this provision to mean that NHTSA's 
requirements for replica motor vehicles are intended to be minimum 
requirements only. Therefore, States may have higher safety 
requirements for replica vehicles than prescribed by NHTSA to be titled 
or registered in that State.
    In terms of preemption generally and the FMVSS, NHTSA rules can 
preempt in two ways. First, the National Traffic and Motor Vehicle 
Safety Act contains an express preemption provision under 49 U.S.C. 
30103(b)(1): When a motor vehicle safety standard is in effect, a State 
or political subdivision of State may prescribe or continue in effect a 
standard applicable to the same aspect of performance of a motor 
vehicle or motor vehicle only if the standard is identical to the 
standard prescribed under 49 U.S.C. 30103(b)(1). It is this statutory 
command by Congress that preempts any non-identical State legislative 
and administrative law addressing the same aspect of performance.
    The express preemption provision described above is subject to a 
savings clause under 49 U.S.C. 30103(e), which states that compliance 
with a motor vehicle safety standard prescribed under this chapter does 
not exempt a person from liability at common law. Pursuant to this 
provision, State common law tort causes of action against motor vehicle 
manufacturers that might otherwise be preempted by the express 
preemption provision are generally preserved. However, the Supreme 
Court has recognized the possibility, in some instances, of implied 
preemption of such State common law tort causes of action by virtue of 
NHTSA's rules, even if not expressly preempted. This second way that 
NHTSA rules can preempt is dependent upon there being an actual 
conflict between an FMVSS and the higher standard that would 
effectively be imposed on motor vehicle manufacturers if someone 
obtained a State common law tort judgment against the manufacturer, 
notwithstanding the manufacturer's compliance with the NHTSA standard. 
Because most NHTSA standards established by an FMVSS are minimum 
standards, a State common law tort cause of action that seeks to impose 
a higher standard on motor vehicle manufacturers will generally not be 
preempted. However, when such a conflict does exist--for example, when 
the standard at issue is both a minimum and a maximum standard--the 
State common law tort cause of action is impliedly preempted. See Geier 
v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered 
whether this proposed rule could or should preempt State common law 
causes of action. The agency's ability to announce its conclusion 
regarding the preemptive effect of one of its rules reduces the 
likelihood that preemption will be an issue in any subsequent tort 
litigation.
    To this end, the agency has examined the nature (e.g., the language 
and structure of the regulatory text) and objectives of this proposal 
and finds that this proposed rule, like many NHTSA rules, would 
prescribe only a minimum safety standard. As such, NHTSA does not 
intend that this proposal preempt State tort law that would effectively 
impose a higher standard on motor vehicle manufacturers than that to be 
established by this proposal. Establishment of a higher standard by 
means of State tort law would not conflict with the minimum standard 
announced here. Without any conflict, there could not be any implied 
preemption of a State common law tort cause of action.
    Proposed 49 CFR part 586 would be issued as a regulation, not as an 
FMVSS, so the express preemption provision under 49 U.S.C. 30103(b)(1) 
does not apply to matters relating to Part 586. Therefore, NHTSA has 
concluded that this rulemaking will not preempt State law and does not 
require additional consultation with States and local governments.

E.O. 12988 (Civil Justice Reform)

    When promulgating a regulation, E.O. 12988, ``Civil Justice 
Reform'' (61 FR 4729; February 7, 1996), specifically requires that the 
agency must make every reasonable effort to ensure that the regulation, 
as appropriate: (1) Specifies in clear language the preemptive effect; 
(2) specifies in clear language the effect on existing Federal law or 
regulation, including all provisions repealed, circumscribed, 
displaced, impaired, or modified; (3) provides a clear legal standard 
for affected conduct rather than a general standard, while promoting 
simplification and burden reduction; (4) specifies in clear language 
the retroactive effect; (5) specifies whether administrative 
proceedings are to be required before parties may file suit in court; 
(6) explicitly or implicitly defines key terms; and (7) addresses other 
important issues affecting clarity and general draftsmanship of 
regulations.
    Pursuant to this Order, NHTSA notes as follows. The preemptive 
effect of this proposal is discussed above in connection with E.O. 
13132. NHTSA has also considered whether this rulemaking would have any 
retroactive effect. This proposed rule does not have any retroactive 
effect. NHTSA notes further that there is no requirement that 
individuals submit a petition for reconsideration or pursue other 
administrative proceeding before they may file suit in court.

E.O. 13609: Promoting International Regulatory Cooperation

    Under E.O. 13609 (77 FR 26413, May 4, 2012), agencies must consider 
whether the impacts associated with significant variations between 
domestic and regulatory approaches are unnecessary or may impair the 
ability of American business to export and

[[Page 810]]

compete internationally. In meeting shared challenges involving health, 
safety, labor, security, environmental, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are or would be adopted in the absence of such 
cooperation. International regulatory cooperation can also reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. Sections 3 and 4 of E.O. 13609 direct an agency to 
conduct a regulatory analysis and ensure that a proposed rule does not 
cause unnecessary obstacles to foreign trade. This requirement applies 
if a rule constitutes a significant regulatory action, or if a 
regulatory evaluation must be prepared for the rule.
    NHTSA has analyzed this action under the policies and agency 
responsibilities of E.O. 13609, and has determined that this action 
would have no effect on international regulatory cooperation. NHTSA 
requests public comment on whether regulatory approaches taken by 
foreign governments concerning the subject matter of this rulemaking 
and the above policy statement have any implications for this 
rulemaking.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards to carry out 
policy objectives or activities determined by the agencies and 
departments, except when use of such a voluntary consensus standard 
would be inconsistent with the law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies, such as the SAE International. The NTTAA directs 
NHTSA to provide Congress, through OMB, explanations when the agency 
decides not to use available and applicable voluntary consensus 
standards. NHTSA has searched for but did not find any voluntary 
consensus standards that would apply to this proposal.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal 
agencies to prepare a written assessment of the costs, 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 (adjusted for inflation with base year of 1995).
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires NHTSA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with the applicable law. Moreover, 
section 205 allows NHTSA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
agency publishes with the final rule an explanation why the agency did 
not adopt the alternative.
    This proposed rule is not anticipated to result in the expenditure 
by State, local, or tribal governments, in the aggregate, or by the 
private sector in excess of 100 million, $154 million when adjusted for 
inflation, annually.

Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995 (PRA), a person is not required to respond to a collection of 
information by a Federal agency unless the collection displays a valid 
Office of Management and Budget (OMB) control number. The Information 
Collection Requests (ICR) for a proposed new information collection and 
proposed revisions to the existing information collections described 
below have been forwarded to the Office of Management and Budget (OMB) 
for review and comment. The ICR describes the nature of the information 
collections and their expected burden.
    This proposed rule would have new collection of information 
requirements that would require registrants to provide information to 
NHTSA and to dealers and consumers pertaining to registration, annual 
reporting, labeling, and written notification to dealers and owners. 
This proposed rule would also make changes to existing information 
collections for manufacturer identification, Vehicle Identification 
Number (VIN) requirements, and certification labeling. Accordingly, 
NHTSA is submitting requests to OMB for approval of a new collection of 
information for Replica Motor Vehicles and revisions to existing 
collections of information.
a. New Collection of Information for Replica Motor Vehicles
    In compliance with these requirements, NHTSA asks for public 
comments on the following proposed collection of information:
    Title: 49 CFR part 586, Replica motor vehicles.
    Type of Request: New collection.
    OMB Control Number: 2127-New.
    Form Number: The collection of this information would not use any 
standard forms.
    Requested Expiration Date of Approval: Three years from the date of 
approval.
    Summary of the Collection of Information: Manufacturers of replica 
motor vehicles would be required to: Register with NHTSA, provide 
dealers and first retail purchasers information on the standards with 
which the vehicle does not comply, and annually report the type and 
number of replica motor vehicles produced. Manufacturers would also be 
required to provide NHTSA with images of the front, rear, and side 
views of the exterior of the original vehicle, and if the manufacturer 
has previously replicated that original vehicle, images of the front, 
rear, and side views of the exterior of a representative replica motor 
vehicle in both the registration and in their annual reports. NHTSA 
considered but has tentatively decided against a requirement that 
manufacturers must re-register (renew their registrations) annually. 
Instead, we propose that registrants simply inform NHTSA in their 
annual reports of their plans to continue manufacturing the previously-
approved replica vehicles under their current registration.
    Manufacturers of replica vehicles would also be required to affix 
temporary labels on the dashboard or steering wheel hub of each 
exempted vehicle alerting passengers that the vehicle does not comply 
with all FMVSS and directing them to consult their customer disclosure 
for more information on the standards from which the vehicle is exempt. 
However, this requirement is not subject to the Paperwork Reduction Act 
because NHTSA provides the exact language to provide on the temporary 
labels.\48\
---------------------------------------------------------------------------

    \48\ The public disclosure of information originally supplied by 
the Federal Government to the recipient for the purpose of 
disclosure to the public is not included within [the definition of a 
collection of information]. 5 CFR 1320.3(c)(2).
---------------------------------------------------------------------------

    Description of the Need for the Information and Use of the 
Information: NHTSA is required by the Fixing America's Surface 
Transportation (FAST) Act to exempt a limited number

[[Page 811]]

of replica motor vehicles manufactured by low-volume manufacturers from 
certain Federal standards each year provided the manufacturer registers 
with NHTSA. NHTSA is issuing a regulation that implements the exemption 
program. All the proposed reporting and record keeping requirements 
discussed below are mandated or contemplated by the FAST Act or are 
essential to carrying out the statute.
    First, in accordance with the FAST Act, low-volume manufacturers 
wishing to qualify for an exemption must register with NHTSA in 
accordance with this proposed regulation. The FAST Act mandates this 
registration requirement in 49 U.S.C. 30114(b)(2), specifying that ``a 
low-volume manufacturer shall register with [NHTSA] at such time, in 
such manner, and under such terms that [NHTSA] determines 
appropriate.'' NHTSA needs this information to keep track of the 
exempted vehicles, ensure that the vehicles qualify as replica 
vehicles, and for enforcement purposes.
    Second, in accordance with the FAST Act, manufacturers of replica 
vehicles would be required to submit annual reports. The annual reports 
are required by 49 U.S.C. 30114(b)(3)(C). The Act specifies that the 
annual report include the number and description of the motor vehicles 
exempted and a list of the exemptions described on a permanent label 
required by 49 U.S.C. 30114(b)(3)(A) (described below). In the annual 
report, manufacturers that are registered in the program (registrants) 
would be required to show NHTSA images of the vehicles they produced so 
that NHTSA can assess if the vehicles resemble the original vehicle. 
The registrants must also notify NHTSA if they will be manufacturing 
the same replica motor vehicles in the next calendar year and if so, 
how many vehicles they will be manufacturing. 49 U.S.C. 30114(b)(5) 
states that an exemption ``shall expire at the end of the calendar year 
for which it was granted with respect to any volume authorized by the 
exemption that was not applied by the low-volume manufacturer to 
vehicles built during that calendar year.'' The annual reporting 
requirement would be essential to NHTSA's enforcement of the program, 
enabling the agency to better assess whether registrants are complying 
with the 325-vehicle limit and manufacturing vehicles qualifying as 
``replica motor vehicles.'' The reporting requirements would also 
enable NHTSA to keep track of registrants and the vehicles they 
produce, which would help the agency meet a FAST Act requirement to 
keep an up-to-date list of registrants and publish such list on an 
annual basis (section 30114(b)(5)). NHTSA considered requiring all 
registrants to formally renew their registration annually but believes 
that this reporting process would simplify and reduce paperwork by 
eliminating the need to re-register with NHTSA if the same replica 
vehicles would be produced in the next calendar year.
    Third, in accordance with the FAST Act, the proposed rule would 
require the registrants to disclose information to consumers. Because 
the replica vehicles will be exempt from current FMVSS, it is important 
that the consumer understand the reduced level of safety provided by 
the vehicle. In accordance with a mandate in 49 U.S.C. 30114(b)(3)(A), 
the NPRM, if adopted, would require registrants to affix a permanent 
label to the vehicle identifying the specified standards and 
regulations from which the vehicle is exempt, stating that the vehicle 
is a replica, and designating the model year such vehicle replicates. 
In accordance with discretion provided to NHTSA in section 30114 
(b)(3)(B), the proposed rule would require registrants to provide 
written notice of the exemption to the dealer and the first purchaser 
of the vehicle for purposes other than resale.
    Description of the Likely Respondents (Including Estimated Number, 
and Proposed Frequency of Response to the Collection of Information): 
NHTSA estimates that at most there would be approximately 40 
manufacturers in the replica vehicle program at any given time. NHTSA 
estimates that it will take some time before the total number of 
replica manufacturer reaches 40. By the end of the first three years of 
the program, NHTSA estimates that there will be 30 replica vehicle 
manufacturers. Therefore, in the first three years of the replica 
program, NHTSA expects to receive approximately 10 submissions from 
low-volume manufacturers to register as replica manufacturers each 
year. Based on an assumption that on average 30 manufacturers would 
each produce 200 vehicles each year, there would be 6,000 replica 
vehicles produced each year by the end of the third year, or an average 
of 4,000 replica vehicles a year over the first three years. For 
purposes of calculating the burden associated with the collections, we 
use the average of 4,000 replica vehicles a year and 20 replica 
manufacturers. Combined, manufacturers are expected to label 4,000 
replica vehicles with temporary and permanent labels and provide 4,000 
written disclosures to consumers. Each manufacturer must submit one 
report annually, for an average of 20 reports for the next three years.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting From the Collection of Information: NHTSA estimates the total 
burden of this collection to be an average of 400 hours and $24,239 
each year. The cost of labor associated with the 400 burden hours is 
estimated to be $16,239 and the cost of printing the consumer 
disclosures and temporary labels is estimated to be $8,000.
    NHTSA estimates that it will take 10 hours to complete an initial 
registration submission. NHTSA estimates the labor cost for compiling 
and submitting the required information to be $48.47 \49\ per hour, 
using the Bureau of Labor's mean hourly wage estimate for technical 
writers in the motor vehicle manufacturing industry (Standard 
Occupational Classification #27-3042).\50\ Therefore, NHTSA estimates 
that the labor cost for each registration will be $484.70 (10 hours x 
$48.47 per hour). NHTSA estimates that, over the first three years, a 
total of 30 manufacturers will submit registrations to become 
manufacturers of exempted replica vehicles. NHTSA estimates that, on 
average, ten manufacturers will submit registrations each year. 
Therefore, NHTSA estimates the total annual burden on low-volume 
manufacturers for initial submissions to be 100 hours (10 manufacturers 
x 10 hours). NHTSA estimates that the total cost associated with labor 
for the registrations to be $4,847 (10 submissions x $484.70 per 
submission) per year.
---------------------------------------------------------------------------

    \49\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
    \50\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
---------------------------------------------------------------------------

    For the annual reporting requirement, NHTSA estimates it would take 
a maximum of two hours to collect the necessary information and submit 
it on the vPIC portal. NHTSA estimates that, on average, 20 
manufacturers will submit annual reports each year. Therefore, the 
burden hours associated with this information collection would, on 
average, be 40 hours per year (20 manufacturers x 2 hours). NHTSA 
estimates the hourly cost associated

[[Page 812]]

with annual reports to be $48.47 \51\ per hour, using the Bureau of 
Labor's mean hourly wage estimate for technical writers in the motor 
vehicle manufacturing industry (Standard Occupational Classification # 
27-3042).\52\ Therefore, NHTSA estimates the total labor cost 
associated with annual reports will be $96.94 per manufacturer and a 
total of $1,939 for all manufacturers ($96.94 x 20 manufacturers) in 
each of the first three years. NHTSA does not estimate that there will 
be any additional costs because these reports would be submitted 
electronically.
---------------------------------------------------------------------------

    \51\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
    \52\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
---------------------------------------------------------------------------

    To estimate the burden to produce consumer disclosures, NHTSA 
looked at estimates for owner's manuals which provide required 
disclosures to consumers. Owner's manuals are much longer and contain 
far more information than the replica vehicle consumer disclosures. 
However, because owner's manuals are produced in higher quantities, 
NHTSA estimates that it only costs manufacturers, on average, about 
$.50 for each Owner's Manual.\53\ To account for the fact that replica 
manufacturers are smaller and less able to take advantage of economies 
of scale, NHTSA estimates that printing consumer disclosures will cost 
$1 per replica vehicle. NHTSA estimates that, in the next three years, 
20 manufacturers will each produce 200 replica vehicles. NHTSA 
estimates the cost for producing the 4,000 consumer disclosures will be 
$4,000 ($1 per disclosure x 4,000 replica vehicles).
---------------------------------------------------------------------------

    \53\ The estimate is provided in the supporting statements NHTSA 
submitted to OMB in 2015 in support of the renewal of NHTSA's 
Information Collection titled ``Consolidated Owner's Manual 
Requirements for Motor Vehicles and Motor Vehicle Equipment.'' NHTSA 
estimated costs as $8,198,948 for 16,500,000 vehicles, or 
approximately $.50 per vehicle. The supporting statements can be 
accessed at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201504-2127-001.
---------------------------------------------------------------------------

    NHTSA estimates that it will take no more than 1 hour per 
manufacturer to compile and format the consumer disclosures. Therefore, 
the total burden hours for twenty manufacturers would be 20 hours (20 
manufactures x 1 hour). NHTSA estimates the hourly cost associated with 
compiling consumer disclosures to be $48.47 \54\ per hour, using the 
Bureau of Labor's mean hourly wage estimate for technical writers in 
the motor vehicle manufacturing industry (Standard Occupational 
Classification #27-3042).\55\ Therefore, NHTSA estimates the total 
labor costs associated with compiling and formatting consumer 
disclosures to be $48.47 per manufacturer and $969 per year for all 
replica manufacturers (20 manufacturers x $48.47 per hour).
---------------------------------------------------------------------------

    \54\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
    \55\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
---------------------------------------------------------------------------

    Replica manufacturers will also be required to affix temporary 
labels. NHTSA estimates that it will take each manufacturer 2 hours to 
design and format the temporary labels for a total of 40 hours for all 
replica vehicle manufacturers. NHTSA estimates the hourly cost 
associated with designing and formatting temporary labels to be $48.47 
\56\ per hour, using the Bureau of Labor's mean hourly wage estimate 
for technical writers in the motor vehicle manufacturing industry 
(Standard Occupational Classification #27-3042).\57\ Therefore, NHTSA 
estimates the total annual labor cost associated with designing and 
formatting temporary labels to be $96.94 for each manufacturer and 
$1,939 for all manufacturers ($96.94 x 20 manufacturers). NHTSA 
estimates the cost to print or purchase printed labels for each replica 
vehicle to be $1 per vehicle, for a total cost of $4,000. This cost is 
higher than what NHTSA estimates for the total cost to provide 
certification labels.\58\ NHTSA has estimated a higher cost for 
temporary replica vehicle warning labels because they will be larger 
than certification labels and replica manufacturers will produce the 
labels in smaller batches. NHTSA estimates that it will take 
approximately 3 minutes to label each vehicle. This is longer than the 
estimated 18 seconds to label an average vehicle with a Part 567 
certification label.\59\ However, because replica vehicle manufacturers 
are expected to be much smaller than the average vehicle manufacturer, 
NHTSA assumes that replica vehicle manufacturers will not be able to 
label each vehicle as quickly. Based on the assumption that 4,000 
vehicles are manufactured, on average, in each of the next three years, 
the labor costs associated with affixing the temporary labels to the 
steering hub, at a cost of $32.72 per hour, using the Bureau of Labor 
Statistic's mean hourly wage estimate for motor vehicle assemblers and 
fabricators (Standard Occupational Classification #51-2000), will be 
approximately $6,545 annually (200 hours x $32.72 per hour).
---------------------------------------------------------------------------

    \56\ The hourly wage is estimated to be $33.98 per hour. 
National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019. The Bureau of Labor Statistics estimates that 
wages represent 70.1 percent of total compensation to private 
workers, on average. Bureau of Labor Statistics (2019). Employer 
Costs for Employee Compensation--March 2019. https://www.bls.gov/news.release/ecec.t04.htm, last accessed July 10, 2019. Therefore, 
NHTSA estimates the total hourly compensation cost to be $48.47.
    \57\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
    \58\ NHTSA estimates that the cost of 49 CFR part 567 
certification labels is approximately $.10 per label.
    \59\ 83 FR 8732, February 28, 2018.
---------------------------------------------------------------------------

    The total burden associated with this information collection 
request is estimated to be 400 hours. The cost associated with the 
burden hours is estimated to be $16,239 and the cost associated with 
printing consumer disclosures and temporary labels is estimated to be 
$8,000. The total cost associated with this information collection is 
estimated to be $24,239.

                                                                       Labor Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Total labor
          Information collection                  Time per response          Number of      Hourly wage    Total hourly      cost per       Total labor
                                                                             responses                         cost          response      cost overall
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Registration......................  10 hours....................              10          $33.98          $48.47         $484.70          $4,847
Annual Report.............................  2 hours.....................              20           33.98           48.47           96.94           1,939
Consumer Disclosures......................  1 hour......................              20           33.98           48.47           48.47             969

[[Page 813]]

 
Designing and Formatting Temporary Labels.  2 hours.....................              20           33.98           48.47           96.94           1,939
Labeling Each Vehicle.....................  3 minutes...................           4,000           22.94           32.72            1.64           6,545
                                                                         -------------------------------------------------------------------------------
    Total Cost............................  ............................  ..............  ..............  ..............  ..............          16,239
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                           Other Costs to Respondents
----------------------------------------------------------------------------------------------------------------
                                                                     Cost per        Number of
                                                                      vehicle        vehicles      Printing cost
----------------------------------------------------------------------------------------------------------------
Printing Temporary Labels.......................................              $1           4,000          $4,000
Printing Consumer Disclosures...................................               1           4,000           4,000
                                                                 -----------------------------------------------
    Total Cost..................................................  ..............  ..............            8,00
----------------------------------------------------------------------------------------------------------------

    Comments are invited on:
    i. Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    ii. The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    iii. How to enhance the quality, utility, and clarity of the 
information to be collected;
    iv. How to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. permitting electronic 
submission of responses.

    Please submit any comments, identified by the docket number in the 
heading of this document, by the methods described in the ADDRESSES 
section of this document to NHTSA and OMB.
b. Revision of Currently Approved Clearance for Manufacturer 
Identification
    In compliance with these requirements, NHTSA asks for public 
comments on the following proposed collection of information:
    Title: 49 CFR part 566, Manufacturer Identification.
    Type of Request: Revision of a currently approved collection.
    OMB Control Number: 2127-0043.
    Affected Public: New manufacturers of motor vehicles and motor 
vehicle equipment subject to the Federal motor vehicle safety 
standards.
    Requested Expiration Date of Approval: Three years from the date of 
approval.
    Form Number: None.
    Summary of the Collection of Information: If a motor vehicle or 
item of replacement motor vehicle equipment contains a defect related 
to motor vehicle safety or fails to comply with an applicable Federal 
motor vehicle safety standard (FMVSS), the manufacturer is required 
under 49 U.S.C. 30118 to furnish notification of the defect or 
noncompliance to NHTSA, as well as to owners, purchasers, and dealers 
of the motor vehicle or replacement equipment, and to remedy the defect 
or noncompliance without charge to the owner. To ensure that 
manufacturers are meeting these and other responsibilities under the 
statutes and regulations administered by NHTSA, the agency issued 49 
CFR part 566, Manufacturer Identification. The regulations in Part 566 
require manufacturers of motor vehicles or motor vehicle equipment to 
which an FMVSS applies, to submit to NHTSA, on a one-time basis, 
identifying information on themselves and a description of the products 
that they manufacture to those standards. With changes implemented in 
2015, manufacturers have been able to make these submissions using an 
online portal on the agency's website at https://vpic.nhtsa.dot.gov/.
    The information that must be submitted includes: (a) The full 
individual, partnership, or corporate name of the manufacturer; (b) the 
business name of the manufacturer commonly known to the public; (c) the 
residence address of the manufacturer and State of incorporation if 
applicable; (d) full contact information for the manufacturer and the 
submitting official; and (e) a description of each type of motor 
vehicle or of covered equipment manufactured by the manufacturer, 
including, for motor vehicles, the approximate ranges of gross vehicle 
weight ratings (GVWR) for each vehicle type. The regulations specify 
that the description may be of a general type, such as ``passenger 
cars'' or ``brake fluid,'' but that in the case of multipurpose 
passenger vehicles, trucks, and trailers, the description shall be 
specific enough to indicate the types of use for which the vehicles are 
intended, such as ``tank trailer,'' ``motor home,'' or ``cargo van.'' 
\60\
---------------------------------------------------------------------------

    \60\ 49 CFR 566.5(c)(1) and (2).
---------------------------------------------------------------------------

    The regulations further specify that in the case of motor vehicles 
produced in two or more stages, if the manufacturer is an incomplete 
vehicle manufacturer, the description shall so state and include a 
description indicating the stage of completion of the vehicle and, 
where known, the types of use for which the vehicles are intended, such 
as ``Incomplete vehicle manufacturer--Chassis-cab intended for 
completion as a van-type truck.'' \61\ The regulations also specify 
that if the manufacturer is an intermediate manufacturer, or a final 
stage manufacturer of a vehicle manufactured in two or more stages, the 
description shall so state and include a brief description of the work 
performed, such as ``Multipurpose passenger vehicles: Motor homes with 
GVWR from 8,000 to 12,000 pounds. Final-stage manufacturer--add body to 
bare chassis.'' \62\
---------------------------------------------------------------------------

    \61\ 49 CFR 566.5(c)(3).
    \62\ Id.
---------------------------------------------------------------------------

    The information must be submitted no later than 30 days after the 
manufacturer begins to manufacture motor vehicles or motor vehicle 
equipment subject to the FMVSS. No

[[Page 814]]

specific form need be used for the submission of this information. 
NHTSA provides an online portal with a fillable web-based format for 
use in submitting the required information. This is described in a 
handbook entitled Requirements for Manufacturers of Motor Vehicles and 
Motor Vehicle Equipment that can be accessed on the agency's website at 
https://vpic.nhtsa.dot.gov/.
    Manufacturers who have previously submitted identifying information 
must ensure that the information on file is accurate and complete by 
submitting revised information no later than 30 days after a change in 
the business that affects the validity of that information has 
occurred.
    In 2016, NHTSA received submissions of manufacturer identifying 
information under 49 CFR part 566 from 821 manufacturers. In 2016, the 
agency received 882 such submissions. Based on this volume and the 
estimating that the agency will receive 10 replica motor vehicle 
manufacturer submissions in each of the next three years, the agency 
projects that it will receive approximately 892 Part 566 submissions 
from manufacturers in each of the next three years. Assuming that it 
will take a manufacturer on average 15 minutes to prepare an online 
submittal, the agency estimates that 223 hours will be expended on an 
annual basis by all manufacturers required to submit Part 566 
identifying information.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Responses to the Collection of Information): 
The agency estimates that it will receive 892 submissions of 
manufacturer identifying information under Part 566 from manufacturers 
of motor vehicles and regulated items of motor vehicle equipment per 
year. The manufacturers need only submit the required information on a 
one-time basis, with the proviso that they refile their information 
through the online portal in the event of any changes in the 
information on file within 30 days from the date that any change in 
that information occurs.
    Estimate of the Total Annual Reporting and Recordkeeping Burden of 
the Collection of Information: 223 hours.
    Estimate of the Total Annual Costs of the Collection of 
Information: Assuming that the Part 566 information that needs to be 
submitted through the online portal is entered by company officers or 
employees compensated at an average rate of $33.98 \63\ per hour using 
the Bureau of Labor's mean hourly wage estimate for technical writers 
in the motor vehicle manufacturing industry (Standard Occupational 
Classification # 27-3042),\64\ the agency estimates that the total 
hourly wage cost associated with the burden hours is $7,577.54. The 
Bureau of Labor Statistics estimates that for private industry workers, 
wages represent 70.1% of total compensation.\65\ Therefore, NHTSA 
estimates that a total of $10,809.61 will be expended on an annual 
basis for wage by all manufacturers required to submit that 
information.
---------------------------------------------------------------------------

    \63\ National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019.
    \64\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
    \65\ Employer Costs for Employee Compensation-March 2019, 
https://www.bls.gov/news.release/pdf/ecec.pdf, last accessed June 
28, 2019.
---------------------------------------------------------------------------

    Comments are invited on:
    i. Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    ii. The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    iii. How to enhance the quality, utility, and clarity of the 
information to be collected;
    iv. How to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. permitting electronic 
submission of responses.

    Please submit any comments, identified by the docket number in the 
heading of this document, by the methods described in the ADDRESSES 
section of this document to NHTSA and OMB.
c. Revision of Currently Approved Clearance for Vehicle Identification 
Number (VIN) Requirements and Certification Labeling
    In compliance with these requirements, NHTSA asks for public 
comments on the following proposed collection of information:
    Title: Consolidated Labeling Requirements for 49 CFR parts 565 
Vehicle Identification Number (VIN) Requirements, and 567 
Certification.
    Type of Request: Revision of a previously approved collection.
    OMB Control Number: 2127-0510.
    Affected Public: Motor vehicle manufacturers.
    Form Number: None.
    Summary of the Collection of Information:
Part 565
    The regulations in Part 565 specify the format, contents, and 
physical requirements for a vehicle identification number (VIN) system 
and its installation to simplify vehicle identification information 
retrieval and to increase the accuracy and efficiency of vehicle recall 
campaigns. The regulations require each vehicle manufactured in one 
stage to have a VIN that is assigned by the vehicle's manufacturer. 
Each vehicle manufactured in more than one stage is to have a VIN 
assigned by the incomplete vehicle manufacturer. Each VIN must consist 
of 17 characters, including a check digit, in the ninth position, whose 
purpose is to verify the accuracy of any VIN transcription. The first 
section of the VIN consists of three characters that occupy positions 
one through three in the VIN. This section shall uniquely identify the 
manufacturer and type of the motor vehicle if the manufacturer is a 
high-volume manufacturer. If the manufacturer is a low-volume 
manufacturer, positions one through three along with positions twelve 
through fourteen in the VIN shall uniquely identify the manufacturer 
and the type of the motor vehicle. The manufacturer identifier occupies 
the first three characters of the VIN for manufacturers that produce 
1,000 or more vehicles of a specified type within a model year, and 
positions 1, 2, 3, 12, 13, and 14 of VINs assigned by manufacturers 
that produce less than 1,000 vehicles of a specified type of motor 
vehicle per model year. The remaining characters of the VIN describe 
various vehicle attributes, such as make, model, and type, which vary 
depending on the vehicle's type classification (i.e. passenger car, 
multipurpose passenger vehicle, truck, bus, trailer, motorcycle, low-
speed vehicle), and identify the vehicle's model year, plant code, and 
sequential production number. NHTSA has contracted with SAE 
International of Warrendale, Pennsylvania, to coordinate the assignment 
of manufacturer identifiers to manufacturers in the United States. Each 
manufacturer of vehicles subject to the requirements of Part 565 must 
submit, either directly or through an agent, the unique identifier for 
each make and type of vehicle it manufactures at least 60 days before 
affixing the first VIN using the identifier. Manufacturers are also

[[Page 815]]

required to submit to NHTSA information necessary to decipher the 
characters contained in their VINs, including amendments to that 
information, at least 60 days prior to offering for sale the first 
vehicle identified by a VIN containing that information or if 
information concerning vehicle characteristics sufficient to specify 
the VIN code is unavailable to the manufacturer by that date, then 
within one week after that information first becomes available. With 
changes implemented in 2015, manufacturers have been able to make these 
submissions using an online portal on the agency's website at https://vpic.nhtsa.dot.gov/. In 2016, NHTSA received 1,054 submissions of VIN-
deciphering information under Part 565 from manufacturers. In 2017, 
NHTSA received 1,239 submissions. NHTSA estimates it will receive, on 
average, 15 submissions of VIN-deciphering information from replica 
manufacturers in the next three years. Based on these figures, NHTSA 
expects to receive approximately 1,254 Part 565 submissions from 
manufacturers in each of the next three years. Assuming that it would 
take one hour to produce a VIN deciphering submission, at an average 
cost of $33.98 per hour for the administrative and professional staff 
preparing and reviewing the submission,\66\ NHTSA estimates that it 
will cost vehicle manufacturers $42,610.92 to comply with the Part 565 
requirements (1,254 submissions x $33.98 = $42,610.92).
---------------------------------------------------------------------------

    \66\ This estimate uses the Bureau of Labor's mean hourly wage 
estimate for technical writers in the motor vehicle manufacturing 
industry (Standard Occupational Classification # 27-3042). National 
Industry-Specific Occupational Employment and Wage Estimates NAICS 
336100--Motor Vehicle Manufacturing, May 2018, https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last accessed July 1, 2019.
---------------------------------------------------------------------------

Part 567
    The regulations in Part 567 specify the content and location of, 
and other requirements for, the certification label to be affixed to a 
motor vehicle, as required by the National Traffic and Motor Vehicle 
Safety Act,\67\ as amended (the Vehicle Safety Act) and the Motor 
Vehicle Information and Cost Savings Act,\68\ as amended (the Cost 
Savings Act), to address certification-related duties and liabilities, 
and to provide the consumer with information to assist him or her in 
determining which of the Federal motor vehicle safety standards (as 
found in 49 CFR part 571), bumper standards (as found in 49 CFR part 
581, and Federal theft prevention standards (as found in 49 CFR part 
541) are applicable to the vehicle. The regulations pertain to 
manufacturers of motor vehicles to which one or more standards are 
applicable, including persons who alter such vehicles prior to their 
first retail sale, and to Registered Importers of vehicles not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards that are determined eligible for importation 
by NHTSA, based on the vehicles' capability of being modified to 
conform to those standards. The regulations require each manufacturer 
to affix to each vehicle, in a prescribed location, a label that, among 
other things, identifies the vehicle's manufacturer (defined as the 
person who assembles the vehicle), the vehicle's date of manufacture, 
and the statement that the vehicle complies with all applicable Federal 
motor vehicle safety standards and, where applicable, bumper and theft 
prevention standards in effect on the date of manufacture. The label 
must also include the vehicle's gross vehicle and gross axle weight 
ratings (GVWR and GAWRs), vehicle identification number, and vehicle 
type classification (i.e., passenger car, multipurpose passenger 
vehicle, truck, bus, trailer, motorcycle, low-speed vehicle). The 
regulations specify other labelling requirements for incomplete 
vehicle, intermediate, and final-stage manufacturers of vehicles built 
in two or more stages, such as commercial trucks that are built by 
adding work performing components, such as a cargo box or cement mixer, 
to a previously manufactured chassis or chassis-cab, and to persons who 
alter previously certified vehicles, other than by the addition, 
substitution, or removal of readily attachable components such as 
mirrors or tire and rim assemblies, or minor finishing operations such 
as painting, before the first purchase of the vehicle for purposes 
other than resale.
---------------------------------------------------------------------------

    \67\ 49 U.S.C. 30115.
    \68\ 49 U.S.C. 30254 and 33109.
---------------------------------------------------------------------------

    As NHTSA estimates that fewer than 8,00 replica vehicles will be 
manufactured in each year, the implementation of the replica provision 
is not expected to change the estimate that 17,600,000 vehicles will be 
labeled according to Part 567 in each of the next three years.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Responses to the Collection of Information): 
The agency estimates that it will receive 1,254 submissions of VIN-
deciphering information under Part 565 from approximately 629 
manufacturers of motor vehicles per year. The manufacturers need only 
submit the required information on a one-time basis, with the proviso 
that they notify the agency of any changes in the information on file 
within 30 days from the date that any change in that information 
occurs. In addition, the agency estimates that approximately 7,600 
manufacturers of motor vehicles of all types, including manufacturers 
of passenger cars, multipurpose passenger vehicles, trucks, buses, 
trailers, motorcycles, low-speed vehicles, and replica motor vehicles 
as well as incomplete vehicle manufacturers, intermediate and final-
stage manufacturers of vehicles built in two or more stages, and 
vehicle alterers, will need to comply with the certification labeling 
requirements of Part 567 in each of the next three years.
    Estimate of the Total Annual Reporting and Recordkeeping Burden of 
the Collection of Information: 1,254 hours for supplying required VIN-
deciphering information to NHTSA under Part 565; 88,000 hours for 
meeting the labeling requirements of Part 567.
    Estimate of the Total Annual Costs of the Collection of 
Information: Assuming that the Part 565 information is submitted to the 
agency's website by company officers or employees compensated at an 
average rate of $33.98 \69\ per hour using the Bureau of Labor's mean 
hourly wage estimate for technical writers in the motor vehicle 
manufacturing industry (Standard Occupational Classification #27-
3042),\70\ the agency estimates that $42,610.92 will be expended on an 
annual basis by all manufacturers required to submit that information 
(1,254 hours x $33.98 = $42,610.92). Additionally, NHTSA assumes that 
it will take an average of .005 hours to affix a certification label to 
each of the approximately 17,600,000 vehicles produced each year for 
sale in the United States, at an average cost of $22.94,\71\ using the 
Bureau of Labor Statistic's mean hourly wage estimate for motor vehicle 
assemblers and fabricators (Standard Occupational Classification #51-
2000).\72\ Therefore, the agency estimates that roughly $2,018.720 will 
be expended by all manufacturers to comply with the labeling 
requirements of Part 567

[[Page 816]]

(17,600,000 vehicles x .005 hours = 88,000 hours; 88,000 hours x $20.00 
= $2,018.720).
---------------------------------------------------------------------------

    \69\ National Industry-Specific Occupational Employment and Wage 
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2018, 
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last 
accessed July 1, 2019.
    \70\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
    \71\ Occupational Employment and Wages, May 2018, https://www.bls.gov/oes/current/oes434031.htm, last accessed July 1, 2019.
    \72\ U.S. Office of Management and Budget. Standard Occupation 
Classification Manual, 2018.
---------------------------------------------------------------------------

    The total hourly wage cost associated with this information 
collection is $2,061,330.92. The Bureau of Labor Statistics estimates 
that for private industry workers, wages represent 70.1% of total 
compensation.\73\ Therefore, the total cost associated with the hourly 
burden of this information collection is estimated to be $2,940,557.66.
---------------------------------------------------------------------------

    \73\ Employer Costs for Employee Compensation-March 2019, 
https://www.bls.gov/news.release/pdf/ecec.pdf, last accessed June 
28, 2019.
---------------------------------------------------------------------------

    Comments are invited on:
    i. Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    ii. The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    iii. How to enhance the quality, utility, and clarity of the 
information to be collected;
    iv. How to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. permitting electronic 
submission of responses.

Please submit any comments, identified by the docket number in the 
heading of this document, by the methods described in the ADDRESSES 
section of this document to NHTSA and OMB.

Plain Language

    E.O. 12866 requires each agency to write all rules in plain 
language. Application of the principles of plain language includes 
consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an organization, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov/privacy.html.

XIV. Public Participation

How long do I have to submit comments?

    We are providing a 30-day comment period. The comment period is 
shorter than the customary 45-day comment period used by the agency for 
nonsignificant rulemakings. A shorter comment period is in the public 
interest because it will allow us to issue a final rule more quickly 
and allow qualifying low-volume manufacturers to begin manufacturing 
replica motor vehicles sooner. We do not believe a longer comment 
period is necessary for the public to consider this proposal because 
most of the proposed requirements are mandated or contemplated by the 
FAST Act.

How do I prepare and submit comments?

     Your comments must be written in English.
     To ensure that your comments are correctly filed in the 
Docket, please include the Docket Number shown at the beginning of this 
document in your comments.
     Your comments must not be more than 15 pages long. (49 CFR 
553.21). We established this limit to encourage you to write your 
primary comments in a concise fashion. However, you may attach 
necessary additional documents to your comments. There is no limit on 
the length of the attachments.
     If you are submitting comments electronically as a PDF 
(Adobe) File, NHTSA asks that the documents be submitted using the 
Optical Character Recognition (OCR) process, thus allowing NHTSA to 
search and copy certain portions of your submissions. Comments may be 
submitted to the docket electronically by logging onto the Docket 
Management System website at http://www.regulations.gov. Follow the 
online instructions for submitting comments.
     You may also submit two copies of your comments, including 
the attachments, to Docket Management at the address given above under 
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512).

[[Page 817]]

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider in developing 
a final rule, we will consider that comment as an informal suggestion 
for future rulemaking action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the internet. To read the comments on the internet, go to http://www.regulations.gov. Follow the online instructions for accessing the 
dockets.
    Please note that, even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

List of Subjects

49 CFR Part 565

    Incorporation by reference, Motor vehicle safety, Reporting and 
recordkeeping requirements.

49 CFR Part 566

    Motor vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 567

    Labeling, Motor vehicle safety, Reporting and recordkeeping 
requirements.

49 CFR Part 586

    Labeling, Motor vehicle safety, Replica motor vehicles, Reporting 
and recordkeeping requirements.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
chapter V as follows:

PART 565--VEHICLE IDENTIFICATION NUMBER (VIN) REQUIREMENTS

0
1. The authority citation for part 565 is revised to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30114, 30115, 30117, 30141, 
30146, 30166, and 30168; delegation of authority at 49 CFR 1.95.

0
2. Revise Sec.  565.12 to read as follows:


Sec.  565.12   Definitions.

    (a) Federal Motor Vehicle Safety Standards Definitions. Unless 
otherwise indicated, all terms used in this part that are defined in 49 
CFR 571.3 are used as defined in 49 CFR 571.3.
    (b) Other definitions. As used in this part--
    Body type means the general configuration or shape of a vehicle 
distinguished by such characteristics as the number of doors or 
windows, cargo-carrying features and the roofline (e.g., sedan, 
fastback, hatchback).
    Check digit means a single number or the letter X used to verify 
the accuracy of the transcription of the vehicle identification number.
    Engine type means a power source with defined characteristics such 
as fuel utilized, number of cylinders, displacement, and net brake 
horsepower. The specific manufacturer and make shall be represented if 
the engine powers a passenger car or a multipurpose passenger vehicle, 
or truck with a gross vehicle weight rating of 4,536 kg (10,000 lb) or 
less.
    High-volume manufacturer, for purposes of this part, means a 
manufacturer of 1,000 or more vehicles of a given type each year.
    Incomplete vehicle means an assemblage consisting, as a minimum, of 
frame and chassis structure, power train, steering system, suspension 
system and braking system, to the extent that those systems are to be 
part of the completed vehicle, that requires further manufacturing 
operations, other than the addition of readily attachable components, 
such as mirrors or tire and rim assemblies, or minor finishing 
operations such as painting, to become a completed vehicle.
    Line means a name that a manufacturer applies to a family of 
vehicles within a make which have a degree of commonality in 
construction, such as body, chassis or cab type.
    Low-volume manufacturer, for purposes of this part, means a 
manufacturer of fewer than 1,000 vehicles of a given type each year.
    Make means a name that a manufacturer applies to a group of 
vehicles or engines.
    Manufacturer means a person--
    (1) Manufacturing or assembling motor vehicles or motor vehicle 
equipment; or
    (2) Importing motor vehicles or motor vehicle equipment for resale.
    Manufacturer identifier means the first three digits of a VIN of a 
vehicle manufactured by a high-volume manufacturer, and the first three 
digits of a VIN and the twelfth through fourteenth digits of a VIN of a 
vehicle manufactured by a low-volume manufacturer.
    Model means a name that a manufacturer applies to a family of 
vehicles of the same type, make, line, series and body type.
    Model year means the year used to designate a discrete vehicle 
model, irrespective of the calendar year in which the vehicle was 
actually produced, provided that the production period does not exceed 
24 months.
    Original model year of a replicated vehicle means the stated model 
year of a vehicle that has been replicated pursuant to 49 CFR part 586.
    Plant of manufacture means the plant where the manufacturer affixes 
the VIN. Replica motor vehicle means a motor vehicle meeting the 
definition of replica motor vehicle in 49 CFR part 586.
    Replica model year means the calendar year in which a replica motor 
vehicle was manufactured.
    Series means a name that a manufacturer applies to a subdivision of 
a ``line'' denoting price, size or weight identification and that is 
used by the manufacturer for marketing purposes.
    Trailer kit means a trailer that is fabricated and delivered in 
complete but unassembled form and that is designed to be assembled 
without special machinery or tools.
    Type means a class of vehicle distinguished by common traits, 
including design and purpose. Passenger cars, multipurpose passenger 
vehicles, trucks, buses, trailers, incomplete vehicles, low speed 
vehicles, and motorcycles are separate types.
    VIN means a series of Arabic numbers and Roman letters that is 
assigned to a motor vehicle for identification purposes.
0
3. In Sec.  565.15(b), amend Table I--Type of Vehicle and Information 
Decipherable by adding an entry for ``Replica motor vehicle'' after the 
entry for ``Low speed vehicle'' to read as follows:


565.15  [Amended]

    (b) * * *

          Table I--Type of Vehicle and Information Decipherable
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
                                * * * * *
Replica motor vehicle: The make, model, and model year of the original
 replicated vehicle; and the information listed in this table for the
 vehicle' type classification (e.g., if the replica meets the definition
 for passenger car in 49 CFR 571.3, the following information is
 required: body type; engine type; and all restraint devices and their
 locations).

[[Page 818]]

 
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 566--MANUFACTURER IDENTIFICATION

0
4. The authority citation for part 566 is revised to read as follows:

    Authority:  National Traffic and Motor Vehicle Safety Act (49 
U.S.C. 30166) and Sec. 24405(a) of the Fixing America's Surface 
Transportation Act (49 U.S.C. 30114(b)); delegation of authority at 
49 CFR 1.95.

0
5. Amend Sec.  566.5 by revising the introductory text and adding 
paragraph (c)(4) to read as follows:


Sec.  566.5   Requirements.

    Each manufacturer of motor vehicles, and each manufacturer of 
covered equipment, shall furnish the information specified in 
paragraphs (a) through (c) of this section to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West 
Building, Washington, DC 20590 or at https://vpic.nhtsa.dot.gov/.
* * * * *
    (c) * * *
    (4) In the case of replica motor vehicles, the manufacturer shall 
include, in the description of each type of motor vehicle it 
manufactures, a designation that the vehicle is a replica motor 
vehicle.

PART 567--CERTIFICATION

0
6. The authority citation for part 567 is revised to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30114, 30115, 30117, 30166, 
32504, 33101-33104, 33108 and 33109; delegation of authority at 49 
CFR 1.95.

0
7. Revise Sec.  567.1 to read as follows:


Sec.  567.1   Purpose.

    The purpose of this part is to specify the content and location of, 
and other requirements for, the certification label to be affixed to 
motor vehicles as required by the National Traffic and Motor Vehicle 
Safety Act, as amended (the Vehicle Safety Act) (49 U.S.C. 30114 and 
30115) and the Motor Vehicle Information and Cost Savings Act, as 
amended (the Cost Savings Act), (49 U.S.C. 30254 and 33109), to address 
certification-related duties and liabilities, and to provide the 
consumer with information to assist him or her in determining which of 
the Federal Motor Vehicle Safety Standards (part 571 of this chapter), 
Bumper Standards (part 581 of this chapter), and Federal Theft 
Prevention Standards (part 541 of this chapter), are applicable to the 
vehicle.
0
8. Amend Sec.  567.3 by adding in alphabetical order a definition for 
``Replica motor vehicle'' to read as follows:


Sec.  567.3   Definitions.

* * * * *
    Replica motor vehicle means a motor vehicle meeting the definition 
of replica motor vehicle in 49 CFR part 586.
0
9. Revise Sec.  567.4(a) to read as follows:


Sec.  567.4   Requirements for manufacturers of motor vehicles.

    (a) Each manufacturer of motor vehicles (except replica motor 
vehicles or vehicles manufactured in two or more stages) shall affix to 
each vehicle a label, of the type and in the manner described in this 
section, containing the statements specified in paragraph (g) of this 
section.
* * * * *
0
10. Add Sec.  567.8 to read as follows:


Sec.  567.8   Requirements for manufacturers of replica motor vehicles.

    (a) Each manufacturer of replica motor vehicles shall affix to each 
vehicle a label, of the type and in the manner described in this 
section, containing the statements specified in paragraph (e) of this 
section.
    (b) The label shall be riveted or permanently affixed in such a 
manner that it cannot be removed without destroying or defacing it.
    (c) The label shall be affixed to either the hinge pillar, door-
latch post, or the door edge that meets the door-latch post, next to 
the driver's seating position, or if none of these locations is 
practicable, to the left side of the instrument panel. If that location 
is also not practicable, the label shall be affixed to the inward-
facing surface of the door next to the driver's seating position. If 
none of the preceding locations is practicable, notification of that 
fact, together with drawings or photographs showing a suggested 
alternate location in the same general area, shall be submitted for 
approval to the Administrator, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, West Building, Washington, 
DC 20590. The location of the label shall be such that it is easily 
readable without moving any part of the vehicle except an outer door.
    (d) The lettering on the label shall be of a color that contrasts 
with the background of the label.
    (e) The label shall contain the following information and 
statements, in the English language, lettered in block capitals and 
numerals not less than three thirty-seconds of an inch high, in the 
order shown:
    (1) Name of manufacturer: The full corporate or individual name of 
the actual assembler of the vehicle shall be spelled out, except that 
such abbreviations as ``Co.'' or ``Inc.'' and their foreign 
equivalents, and the first and middle initials of individuals, may be 
used. The name of the manufacturer shall be preceded by the words 
``Manufactured By'' or ``Mfd By.''
    (2) Month and year of manufacture: This shall be the time during 
which work was completed at the place of main assembly of the vehicle. 
It may be spelled out, as ``June 2000,'' or expressed in numerals, as 
``6/00.''
    (3) ``Gross Vehicle Weight Rating'' or ``GVWR'' followed by the 
appropriate value in pounds, which shall not be less than the sum of 
the unloaded vehicle weight, rated cargo load, and 150 pounds times the 
number of the vehicle's designated seating positions.
    (4) ``Gross Axle Weight Rating'' or ``GAWR,'' followed by the 
appropriate value in pounds, for each axle, identified in order from 
front to rear (e.g., front, first intermediate, second intermediate, 
rear). The ratings for any consecutive axles having identical gross 
axle weight ratings when equipped with tires having the same tire size 
designation may, at the option of the manufacturer, be stated as a 
single value, with the label indicating to which axles the ratings 
apply.
    Examples of combined ratings: GAWR:
    (a) All axles--2,400 kg (5,290 lb.) with LT245/75R16(E) tires.
    (b) Front--5,215 kg (11,500 lb.) with 295/75R22.5(G) tires.
    First intermediate to rear--9,070 kg (20,000 lb.) with 295/
75R22.5(G) tires.
    (5) The following statement: ``This vehicle is a replica motor 
vehicle that replicates a [insert make and model of the replicated 
motor vehicle] originally manufactured in model year [insert year].''
    (6) The following statement: ``This replica motor vehicle is exempt 
from the following Federal motor vehicle safety, theft prevention, and 
bumper standards in effect on [insert the date of manufacture of the 
replica motor vehicle] for [insert replica's type of motor vehicle 
(e.g., passenger cars)].'' The expression ``U.S.'' or ``U.S.A.'' may be 
inserted before the word ``Federal.'' List all standards that the 
vehicle has been granted an exemption from under part 586.
    (7) Vehicle identification number.
0
11. Add part 586 to read as follows:

[[Page 819]]

PART 586--REPLICA MOTOR VEHICLES

Sec.
586.1 Scope.
586.2 Purpose.
586.3 Applicability.
586.4 Definitions.
586.5 General requirements.
586.6 Registration.
586.7 Timing for processing registrations.
586.8 Deemed approved registrations.
586.9 Updating existing registrations.
586.10 Written notice.
586.11 Temporary label.
586.12 Annual report.
586.14 Revocation of registrations.

    Authority:  49 U.S.C. 30112 and 30114; delegation of authority 
at 49 CFR 1.95.


Sec.  586.1   Scope

    This part specifies requirements and procedures under 49 U.S.C. 
30114(b) for the registration of low-volume manufacturers as replica 
motor vehicle manufacturers and establishes the duties of the 
manufacturers. Once approved, replica motor vehicle manufacturers are 
granted a conditional exemption from 49 U.S.C. 30112(a), 32304, 32502, 
and 32902 and from section 3 of the Automobile Information Disclosure 
Act (15 U.S.C. 1232) to produce up to 325 replica motor vehicles. That 
is replica motor vehicles granted an exemption under this part are 
exempt from all applicable Federal motor vehicle safety standards in 
part 571 of this chapter (except for standards applicable to motor 
vehicle equipment), passenger motor vehicle country of origin labeling 
requirements, bumper standards, average fuel economy standards, and 
vehicle labeling and safety rating disclosure requirements.


Sec.  586.2   Purpose.

    The purpose of this part is to implement a program under 49 U.S.C. 
30114(b) to annually exempt not more than 325 replica motor vehicles 
per year that are manufactured or imported by low-volume manufacturers 
from existing requirements for motor vehicles. This part specifies 
eligibility requirements for low-volume manufacturers that wish to 
register with NHTSA as a replica motor vehicle manufacturer, procedures 
for the registration of such manufacturers, content and format 
requirements for registration submissions, and requirements for 
updating registrations. This part also provides for the revocation of 
registrations and sets forth the duties required of replica vehicle 
manufacturers. Manufacturers are not exempted under 49 U.S.C. 30114(b) 
unless they register with NHTSA pursuant to this part 586.


Sec.  586.3   Applicability.

    This part applies to low-volume manufacturers that wish to register 
with NHTSA as a replica motor vehicle manufacturer, and to 
manufacturers registered as replica motor vehicle manufacturers.


Sec.  586.4   Definitions.

    All terms in this part that are defined in 49 U.S.C. 30102 and in 
49 CFR 571.3 are used as defined therein.
    Low-volume manufacturer is defined in 49 U.S.C. 30114(b)(7).
    Original model year of a replicated vehicle means the stated model 
year of a vehicle that has been replicated pursuant to 49 CFR part 586.
    Replica motor vehicle manufacturer means a low-volume manufacturer 
that is registered as a replica motor vehicle manufacturer pursuant to 
the requirements in this part.
    Replica model year means the calendar year in which a replica motor 
vehicle was manufactured.
    Replica motor vehicle means a motor vehicle that--
    (1) Is produced by a manufacturer meeting the definition of replica 
motor vehicle manufacturer under 49 CFR part 586 that has not 
manufactured 325 replica motor vehicles in the current calendar year; 
and
    (2) Is intended to resemble the body of another motor vehicle that 
was manufactured for consumer sale not less than 25 years before the 
manufacture of the replica motor vehicle; and
    (3) Is either:
    (i) Manufactured under a license for all of the intellectual 
property rights of the motor vehicle that is intended to be replicated, 
including, but not limited to, product configuration, trade dress, 
trademark, and patent, from the original manufacturer, or its 
successors or assignees; or,
    (ii) Manufactured by a current owner of such intellectual property, 
including, but not limited to, product configuration trade dress, 
trademark, and patent rights.


Sec.  586.5   General requirements.

    (a) Each manufacturer wishing to register as a replica motor 
vehicle manufacturer must have a calendar year, worldwide production, 
including by a parent or subsidiary of the manufacturer, if applicable, 
of not more than 5,000 motor vehicles, and must not be a registered 
importer under 49 CFR part 592. Only one registration is permitted for 
manufacturers sharing common ownership. If a manufacturer wishes to 
manufacture replica vehicles and it shares common ownership with a 
registered replica motor vehicle, it may only do so after the 
registered replica manufacturer submits a revised registration 
submission indicating that the exemption for 325 replica vehicles will 
be divided between the manufacturers. Replica manufacturers sharing 
common ownership will be limited to a total of 325 replica vehicles. An 
update to a registration to add a manufacturer under common ownership 
shall allocate the exemption for 325 replica vehicles between the 
manufacturers. An update to the registration to adjust the allocation 
must be made pursuant to Sec.  586.9.
    (b) Each manufacturer wishing to manufacture replica motor vehicles 
under this program must be registered, according to the requirements in 
49 CFR 586.6, as a replica motor vehicle manufacturer for the calendar 
year in which the replica motor vehicle is manufactured.
    (c) Each replica motor vehicle manufacturer shall meet all 
statutory and regulatory requirements applicable to motor vehicle 
manufacturers, except:
    (1) 49 U.S.C. 30112(a) regarding the Federal motor vehicle safety 
standards applicable to vehicles in effect on the date of manufacture 
of the replica motor vehicle; and
    (2) 49 U.S.C. 32304, 32502, 32902 and 15 U.S.C. 1232.
    (d) Each replica motor vehicle manufacturer shall:
    (1) Meet all the requirements set forth in this part; and,
    (2) Not manufacture more than 325 replica motor vehicles in a 
calendar year.
    (e) Each replica motor vehicle, as manufactured, shall closely 
resemble the original replicated vehicle.
    (f) An exemption granted by NHTSA may not be transferred to any 
other person, and shall expire at the end of the calendar year for 
which it was granted with respect to any volume authorized by the 
exemption that was not applied by the replica motor vehicle 
manufacturer to vehicles built during that calendar year.


Sec.  586.6   Registration.

    (a) A manufacturer may register under this part as a manufacturer 
of replica motor vehicles if:
    (1) The manufacturer is not registered as an importer under 49 CFR 
part 592;
    (2) The manufacturer's annual worldwide production, including by a 
parent or subsidiary of the manufacturer, if applicable, is not more 
than 5,000 motor vehicles;
    (3) The manufacturer has submitted manufacturer identification 
information pursuant to part 566 of this chapter.
    (b) To register as a replica motor vehicle manufacturer, a 
manufacturer

[[Page 820]]

must submit, using the NHTSA Product Information Catalog and Vehicle 
Listing (vPIC) platform (https://vpic.nhtsa.dot.gov/) its name, 
address, and email address, and the following:
    (1) Information sufficient to establish:
    (i) That the manufacturer's annual world-wide production, including 
by a parent or subsidiary of the manufacturer, if applicable, is not 
more than 5,000 motor vehicles, and a statement certifying to that 
effect, including the total number of motor vehicles produced by or on 
behalf of the registrant in the 12-month prior to filing the 
registration; and,
    (ii) That the manufacturer is not registered as an importer under 
49 CFR part 592;
    (2) A statement identifying the original vehicle(s) the 
manufacturer intends to replicate by make, model, and model year;
    (3) Information sufficient to establish that the replica vehicle(s) 
the manufacturer intends to replicate is intended to resemble the body 
of the original vehicle, including:
    (i) The images of the front, rear, and side views of the exterior 
of the original vehicle;
    (ii) If the manufacturer has previously replicated the original 
vehicle(s), images of the front, rear, and side views of the exterior 
of a representative replica motor vehicle;
    (iii) If the manufacturer has not previously replicated the 
original vehicle(s), design plans for the replica vehicles;
    (iv) Information to show that the replica vehicle will be the same 
height, width, and length as the original vehicle; and
    (v) If any deviations were made to accommodate safety features, 
highlight those deviations for NHTSA's consideration.
    (4) A certification that the manufacturer has determined the 
intellectual property rights required and obtained all licenses and 
permissions necessary to legally produce the replica and documentation 
to support that it has obtained the required licenses from the original 
manufacturer, its successors or assignees, or the current owner of any 
product configuration, trade dress, trademark, or patent necessary to 
produce the replicated vehicle. The intellectual property rights for 
the original vehicle may include, but are not limited to, the 
following:
    (i) Trade dress of the vehicle;
    (ii) Trademarks for the body style of the vehicle;
    (iii) Patents for the vehicle's exterior shape or features; and/or
    (iv) Trademarks for make and/or model names used in connection with 
the manufacturer and sale of the original vehicle.
    (5) A statement certifying that the manufacturer will not 
manufacture more than the number of replica motor vehicles covered by 
the requested exemption, a number not more than 325 replica motor 
vehicles in a calendar year; and,
    (6) All information required by part 566 of this chapter to 
identify itself to NHTSA as a motor vehicle manufacturer.
    (7) A statement certifying that the manufacturer understands that 
information provided under this part is information upon which the 
Federal Government will rely, and that submission of false, fictitious 
or fraudulent information may result in civil or criminal penalties 
under 18 U.S.C. 1001.
    (c) A manufacturer is not considered registered under this part 586 
until it receives written confirmation from NHTSA that:
    (1) The registration is approved; or,
    (2) The registration is deemed approved by NHTSA's failure to 
approve or deny the registration pursuant to Sec.  586.7.
    (d) A replica manufacture shall submit an updated registration 
submission prior to beginning manufacture of any replica vehicle 
model(s) not covered by their existing registration and will not begin 
manufacturing those additional replica vehicle model(s) until the 
registration is either approved or deemed approved as specified under 
Sec.  586.9.
    (e) A registrant need not reapply annually if the registrant seeks 
to manufacture the same replica vehicles (make, model and model year) 
for which it received approval. The registrant must provide 
notification, by way of its annual report pursuant to Sec.  586.12, of 
its intent to continue manufacturing covered replica vehicles.


Sec.  586.7   Timing for processing registrations.

    Upon receipt of a registration submitted on vPIC, NHTSA will notify 
the registrant within 90 days, in writing which includes by email, 
whether the registration is approved or denied. If notification is not 
sent to the registrant within 90 days from NHTSA's receipt of the 
submission, the registration will be deemed approved pursuant to Sec.  
586.6(c) unless:
    (a) NHTSA determines that the submission is incomplete. If NHTSA 
notifies the registrant, in writing which includes by email, within 90 
days that the submission is incomplete, the manufacturer shall have 60 
days to submit the missing information. If the manufacturer fails to 
submit additional information, the registration will be denied.
    (1) Upon receipt of additional information, NHTSA shall have 30 
days plus the remaining time of the initial 90 days to review and grant 
or deny the registration. For example, if NHTSA notifies the 
manufacturer that registration is incomplete on the 30th day, NHTSA 
shall have the remaining 60 days plus 30 days to review the 
registration upon receipt of additional information.
    (2) A registration shall be denied if NHTSA requests additional 
information from the registrant necessary to complete the registration 
and the manufacturer does not submit information sufficient to complete 
the registration within 60 days.
    (b) The submission is repetitious. A repetitious registration 
submission is one that relies on the same facts and circumstances as a 
previously denied registration.


Sec.  586.8   Deemed approved registrations.

    (a) If a manufacturer believes that its registration is deemed 
approved by NHTSA's failure to approve or deny the registration 
pursuant to Sec.  586.7, the manufacturer must obtain written 
confirmation from NHTSA that its registration is deemed approved. If 
NHTSA confirms that the registration is deemed approved, NHTSA shall 
include each deemed approved registrant's name on NHTSA's published 
list of registrants. If NHTSA cannot find any record of the 
registration submitted on vPIC, NHTSA will inform the manufacturer in 
writing that the registration has not been deemed approved.
    (b) If NHTSA determines that a registration, deemed approved by a 
failure to approve or deny the registration within the allotted time, 
is incomplete or does not provide a basis for qualifying as a 
registrant, NHTSA may request additional information from the 
registrant, in writing which includes by email. A manufacturer shall 
have 60 days to respond to a request for additional information. If the 
manufacturer fails to respond within the 60 days or submits information 
that does not support qualification as a low-volume manufacturer of 
replica vehicles, NHTSA may revoke the registration.


Sec.  586.9   Updating existing registrations.

    A registered replica manufacturer shall submit updated registration

[[Page 821]]

information prior to commencing manufacturer of a new model of replica 
vehicle or reallocating the number of replica vehicles to be made by 
two or more replica manufacturers under common ownership. The 
manufacturer shall submit updated registration information pursuant to 
Sec.  586.6. The manufacturer may not begin producing the new model of 
replica vehicle or reallocate replica vehicles until its registration 
is either approved or deemed approved by NHTSA.


Sec.  586.10   Written notice.

    Each replica motor vehicle manufacturer must provide the dealer and 
first retail purchaser the following information, either in the owner's 
manual or a separate document:
    (a) A list of all current standards and regulations the vehicle 
would be required to comply with but with which it does not comply due 
to this exemption;
    (b) The purpose statements of each such standard or regulation, as 
provided in Table 1 of this part.


Sec.  586.11   Temporary label.

    The vehicle shall have a label attached to a location on the 
dashboard or the steering wheel hub that is clearly visible from all 
front seating positions. The label need not be permanently affixed to 
the vehicle. The label shall meet the following requirements:
    (a) The label shall include a heading area in yellow with an alert 
symbol consisting of a solid black equilateral triangle with a yellow 
exclamation point and the word ``WARNING'' in black block capitals in a 
type size that is larger than that used in the remainder of the label 
and the alert symbol in black.
    (b) The label shall include a message area in white with black text 
in at least 20-point font stating: ``This vehicle is a replica motor 
vehicle and is exempt from complying with all current Federal motor 
vehicle safety standards that apply to motor vehicles, and with theft 
prevention and bumper standards in effect on the date of manufacture. 
[The expression ``U.S.'' or ``U.S.A.'' may be inserted before the word 
``Federal''.] See the certification label or consumer disclosure for 
more specific information.''
    (c) The message area shall be no less than 30 cm\2\ (4.7 in\2\).


Sec.  586.12   Annual report.

    Each manufacturer of a replica motor vehicle shall furnish the 
following information to https://vpic.nhtsa.dot.gov/ no later than 
March 1 following the end of a calendar year in which the manufacturer 
produced at least 1 (one) replica motor vehicle:
    (a) Full individual, partnership or corporate name of the 
manufacturer.
    (b) Residence address of the manufacturer, phone number and email 
address.
    (c) The calendar year for which the annual report is submitted 
(replica model year) and the total number of replica vehicles 
manufactured during that year.
    (d) The complete Vehicle Identification Number (VIN) of each 
replica vehicle manufactured.
    (e) List of the different versions of replica motor vehicles 
produced by make, model, and original model year of replicated vehicle.
    (f) List of the FMVSS and regulations from which each version of 
replica vehicle (by make, model, and original model year of replicated 
vehicle) is exempt.
    (g) Images of the front, rear, and side views of the original 
vehicle(s) replicated, of both the vehicle's exterior, and images of 
the same views of a representative replica manufactured to resemble 
each original vehicle.
    (h) Information sufficient to establish that the replica motor 
vehicles, as manufactured, resemble the body of the original vehicle.
    (i) State whether the replica vehicles contain any of the following 
vehicle safety features: (1) Front or side air bags;
    (2) Lap or lap and shoulder belts;
    (3) Advanced safety systems/passive safety systems (listed with 
locations);
    (4) Electronic stability control;
    (5) Rear visibility camera system; or
    (6) Ejection mitigation.
    (j) Notification to NHTSA if the registrant will be manufacturing 
the same replica motor vehicle(s) in the next calendar year and if so, 
how many vehicles it will be manufacturing. If the manufacturer intends 
to continue manufacturing replica motor vehicle(s), the manufacturer 
must also submit information sufficient to establish that their annual 
world-wide production, including by a parent or subsidiary of the 
manufacturer, if applicable, is not more than 5,000 motor vehicles, and 
a statement certifying to that effect, including the total number of 
motor vehicles produced by or on behalf of the registrant in the 12-
month prior to filing the registration.


Sec.  586.13   Revocation of registrations.

    NHTSA may require registrants to provide information at any time 
demonstrating compliance with the requirements of this part. NHTSA may 
revoke an existing registration or deny a registration based on a 
failure to comply with requirements of this part or a finding of a 
safety-related defect or unlawful conduct under 49 U.S.C. Chapter 301 
et seq. that poses a significant safety risk. Prior to the revocation 
of the registration, NHTSA will provide the registrant a reasonable 
opportunity to correct deficiencies, if such are correctable, based on 
the sole discretion of NHTSA.

Tables to Part 586

    Table 1--Purpose Statements for Inclusion in Consumer Disclosure
------------------------------------------------------------------------
 
------------------------------------------------------------------------
49 CFR 571.101; Controls and        The purpose of this standard is to
 displays.                           ensure that motor vehicle controls,
                                     telltales, and indicators are
                                     accessible, visible, and
                                     recognizable. This is to help users
                                     select the proper controls under
                                     daytime and nighttime conditions to
                                     reduce safety hazards caused by the
                                     diversion of the driver's attention
                                     from the driving tasks, and
                                     mistakes in selecting controls.
49 CFR 571.102; Transmission shift  The purpose of this standard is to
 position sequence, starter          specify the requirements for the
 interlock, and transmission         transmission shift position
 braking effect.                     sequence, a starter interlock, and
                                     for braking effect of automatic
                                     transmissions, to reduce the
                                     likelihood of shifting errors, to
                                     prevent starter engagement by the
                                     driver when the transmission is any
                                     driver position, and to provide
                                     supplemental braking at speeds
                                     below 40 kilometers per hour (25
                                     miles per hour).
49 CFR 571.103; Windshield          The purpose of this standard is to
 defrosting and defogging systems.   specify requirements for windshield
                                     defrosting and defogging systems.
49 CFR 571.104; Windshield wiping   The purpose of this standard is to
 and washing systems.                specify requirements for windshield
                                     wiping and washing systems.
49 CFR 571.105; Hydraulic and       The purpose of this standard is to
 electric brake systems.             insure safe braking performance
                                     under normal and emergency
                                     conditions by specifying
                                     requirements for hydraulic and
                                     electric service brake systems, and
                                     associated parking brake systems.

[[Page 822]]

 
49 CFR 571.106; Brake hoses.......  The purpose of this standard is to
                                     reduce deaths and injuries
                                     occurring as a result of brake
                                     system failure from pressure or
                                     vacuum loss due to hose or hose
                                     assembly rupture.
49 CFR 571.108; Lamps, reflective   The purpose of this standard is to
 devices, and associated equipment.  reduce traffic accidents and deaths
                                     and injuries resulting from traffic
                                     accidents, by providing adequate
                                     illumination of the roadway, and by
                                     enhancing the conspicuity of motor
                                     vehicles on the public roads so
                                     that their presence is perceived
                                     and their signals understood, both
                                     in daylight and in darkness or
                                     other conditions of reduced
                                     visibility.
49 CFR 571.110; Tire selection and  The purpose of this standard is to
 rims and motor home/recreation      specify requirements for tire
 vehicle trailer load carrying       selection to prevent tire
 capacity information for motor      overloading and motor home/
 vehicles with a GVWR of 4,536       recreation vehicle trailer load
 kilograms (10,000 pounds) or less.  carrying capacity information.
49 CFR 571.111; Rear visibility...  The purpose of this standard is to
                                     reduce the number of deaths and
                                     injuries that occur when the driver
                                     of a motor vehicle does not have a
                                     clear and reasonably unobstructed
                                     view to the rear.
49 CFR 571.113; Hood latch system.  The purpose of this standard is to
                                     establish the requirement that each
                                     passenger car, multipurpose
                                     passenger car, truck and bus
                                     provides a hood latch system or
                                     hood latch systems.
49 CFR 571.114; Theft protection    The purpose of this standard is to
 and rollaway prevention.            decrease the likelihood that a
                                     vehicle is stolen or accidently set
                                     in motion.
49 CFR 571.116; Motor vehicle       The purpose of this standard is to
 brake fluids.                       reduce failures in the hydraulic
                                     braking systems of motor vehicles
                                     which may occur because of the
                                     manufacture or use of improper or
                                     contaminated fluid.
49 CFR 571.118; Power-operated      The purpose of this standard is to
 window, partition, and roof panel   minimize the likelihood of death or
 systems.                            injury from accidental operation of
                                     power operated windows, partitions,
                                     and roof panel systems.
49 CFR 571.120; Tire selection and  The purpose of this standard is to
 rims and motor home/recreation      provide safe operational
 vehicle trailer load carrying       performance by ensuring that
 capacity information for motor      vehicles to which it applies are
 vehicles with a GVWR of more than   equipped with tires of adequate
 4,536 kilograms (10,000 pounds).    size and load rating and with rims
                                     of appropriate size and type
                                     designation and by ensuring that
                                     consumers are informed of motor
                                     home/recreation vehicle trailer
                                     load carrying capacity.
49 CFR 571.121; Air brake systems.  The purpose of this standard is to
                                     ensure safe braking performance
                                     under normal and emergency
                                     conditions.
49 CFR 571.122; Motorcycle brake    The purpose of this standard is to
 systems.                            ensure safe motorcycle braking
                                     performance under normal and
                                     emergency riding conditions.
49 CFR 571.122a; Motorcycle brake   The purpose of this standard is to
 systems.                            ensure safe motorcycle braking
                                     performance under normal and
                                     emergency riding conditions.
49 CFR 571.123; Motorcycle          The purpose of this standard is to
 controls and displays.              minimize accidents caused by
                                     operator error in responding to the
                                     motoring environment, by
                                     standardizing certain motorcycle
                                     controls and displays.
49 CFR 571.124; Accelerator         The purpose of this standard is to
 control systems.                    reduce deaths and injuries
                                     resulting from engine overspeed
                                     caused by malfunctions in the
                                     accelerator control system.
49 CFR 571.126; Electronic          The purpose of this standard is to
 stability control systems.          reduce the number of deaths and
                                     injuries that result from crashes
                                     in which the driver loses
                                     directional control of the vehicle,
                                     including those resulting in
                                     vehicle rollover.
49 CFR 571.131; School bus          The purpose of this standard is to
 pedestrian safety devices.          reduce deaths and injuries by
                                     minimizing the likelihood of
                                     vehicles passing a stopped school
                                     bus and striking pedestrians in the
                                     vicinity of the bus.
49 CFR 571.135; Light vehicle       The purpose of this standard is to
 brake systems.                      ensure safe braking performance
                                     under normal and emergency driving
                                     conditions.
49 CFR 571.136; Electronic          The purpose of this standard is to
 stability control systems for       reduce crashes caused by rollover
 heavy vehicles.                     or by directional loss-of-control.
49 CFR 571.138; Tire pressure       The purpose of this standard is to
 monitoring systems.                 specify performance requirements
                                     for tire pressure monitoring
                                     systems (TPMSs) to warn drivers of
                                     significant under-inflation of
                                     tires and the resulting safety
                                     problems.
49 CFR 571.141; Minimum Sound       The purpose of this standard is to
 Requirements for Hybrid and         reduce the number of injuries that
 Electric Vehicles.                  result from electric and hybrid
                                     vehicle crashes with pedestrians by
                                     providing a sound level and sound
                                     characteristics necessary for these
                                     vehicles to be detected and
                                     recognized by pedestrians.
49 CFR 571.201; Occupant            The purpose of this standard is to
 protection in interior impact.      require that vehicles provide
                                     impact protection to occupants.
49 CFR 571.202a; Head restraints;   The purpose of this standard is to
 Mandatory applicability begins on   reduce the frequency and severity
 September 1, 2009.                  of neck injuries in rear-end and
                                     other collisions by specifying
                                     requirements for head restraints.
49 CFR 571.203; Impact protection   The purpose of this standard is to
 for the driver from the steering    minimize chest, neck, and facial
 control system.                     injuries to the driver as a result
                                     of impact with the steering control
                                     systems.
49 CFR 571.204; Steering control    The purpose of this standard is to
 rearward placement.                 reduce the likelihood of chest,
                                     neck, or head injury by limiting
                                     the rearward displacement of the
                                     steering control into the passenger
                                     compartment.
49 CFR 571.205; Glazing materials.  The purpose of this standard is to
                                     reduce injuries resulting from
                                     impact to glazing surfaces, to
                                     ensure a necessary degree of
                                     transparency in motor vehicle
                                     windows for driver visibility, and
                                     to minimize the possibility of
                                     occupants being thrown through the
                                     vehicle windows in collisions.
49 CFR 571.206; Door locks and      The purpose of this standard is to
 door retention components.          minimize the likelihood of
                                     occupants being rejected from the
                                     vehicle as a result of impact.
49 CFR 571.207; Seating systems...  The purpose of this standards is to
                                     minimize the possibility of seat
                                     failure by forces acting on them as
                                     a result of vehicle impact.
49 CFR 571.208; Occupant crash      The purpose of this standard is to
 protection.                         reduce the number of deaths of
                                     vehicle occupants, and the severity
                                     of injuries, by specifying vehicle
                                     crashworthiness requirements in
                                     terms of forces and accelerations
                                     measured on anthropomorphic dummies
                                     in test crashes, and specifying
                                     equipment requirements for active
                                     and passive restraint systems.

[[Page 823]]

 
49 CFR 571.210; Seat belt assembly  The purpose of this standard is to
 anchorages.                         reduce the likelihood that seat
                                     belts will become disconnected from
                                     the vehicle frame during impact by
                                     specifying the location and
                                     strength performance of seat belt
                                     assembly anchorages.
49 CFR 571.212; Windshield          The purpose of this standard is to
 mounting.                           reduce crash injuries and
                                     fatalities by providing for
                                     retention of the vehicle windshield
                                     during a crash, thereby utilizing
                                     fully the penetration residence and
                                     injury-avoidance properties of the
                                     windshield glazing material and
                                     preventing the ejection of
                                     occupants from the vehicle.
49 CFR 571.213; Child restraint     The purpose of this standard is to
 systems.                            reduce the number of children
                                     killed or injured in motor vehicle
                                     crashes and in aircraft.
49 CFR 571.214; Side impact         The purpose of this standard is to
 protection.                         reduce the risk of serious and
                                     fatal injury to occupants, of
                                     passenger cars, multipurpose
                                     passenger vehicles, trucks, and
                                     buses in side impacts by specifying
                                     strength requirements for side
                                     doors, limiting the forces,
                                     deflections and accelerations
                                     measured on anthropomorphic dummies
                                     in test crashes, and by other
                                     means.
49 CFR 571.216; Roof crush          The purpose of this standard is to
 resistance; Applicable unless a     reduce deaths and injuries due to
 vehicle is certified to Sec.        the crushing of the roof into the
 571.216a.                           occupant compartment in rollover
                                     crashes.
49 CFR 571.216a; Roof crush         The purpose of this standard is to
 resistance; Upgraded standard.      reduce deaths and injuries due to
                                     the crushing of the roof into the
                                     occupant compartment in rollover
                                     crashes.
49 CFR 571.217; Bus emergency       The purpose of this standard is to
 exits and window retention and      minimize the likelihood of
 release.                            occupants being thrown from the bus
                                     and to provide accessible emergency
                                     exits.
49 CFR 571.219; Windshield zone     The purpose of this standard is to
 intrusion.                          reduce crash injuries and
                                     fatalities that result from
                                     occupants contacting vehicle
                                     components displaced near or
                                     through the windshield.
49 CFR 571.220; School bus          The purpose of this standard is to
 rollover protection.                reduce the number of deaths and the
                                     severity of injuries that result
                                     from failure of the school bus body
                                     structure to withstand forces
                                     encountered in rollover crashes.
49 CFR 571.221; School bus body     The purpose of this standard is to
 joint strength.                     reduce deaths and injuries
                                     resulting from the structural
                                     collapse of school bus bodies
                                     during crashes.
49 CFR 571.222; School bus          The purpose of this standard is to
 passenger seating and crash         reduce the number of deaths and the
 protection.                         severity of injuries that result
                                     from the impact of school bus
                                     occupants against structures within
                                     the vehicle during crashes and
                                     sudden driving maneuvers.
49 CFR 571.224; Rear impact         The purpose of this standard is to
 protection.                         reduce the number of deaths and
                                     serious injuries occurring when
                                     light duty vehicles impact the rear
                                     of trailers and semitrailers with a
                                     GVWR of 4,536 kg or more.
49 CFR 571.225; Child restraint     The purpose of this standard is to
 anchorage systems.                  ensure the proper location and
                                     strength for the effective securing
                                     of child restraints, to reduce the
                                     likelihood of the anchorage
                                     systems' failure, and to increase
                                     the likelihood that child
                                     restraints are properly secured and
                                     thus more fully achieve their
                                     potential effectiveness in motor
                                     vehicles.
49 CFR 571.226; Ejection            The purpose of this standard is to
 Mitigation.                         reduce the likelihood of complete
                                     or partial ejection of vehicle
                                     occupants through side windows
                                     during rollovers or side impact
                                     events.
49 CFR 571.301; Fuel system         The purpose of this standard is to
 integrity.                          reduce deaths and injuries
                                     occurring from fires that result
                                     from fuel spillage during and after
                                     motor vehicle crashes, and
                                     resulting from ingestion of fuels
                                     during siphoning.
49 CFR 571.302; Flammability of     The purpose of this standard is to
 interior materials.                 reduce the deaths and injuries to
                                     motor vehicle occupants caused by
                                     vehicle fires, especially those
                                     originating in the interior of the
                                     vehicle from sources such as
                                     matches or cigarettes.
49 CFR 571.303; Fuel system         The purpose of this standard is to
 integrity of compressed natural     reduce deaths and injuries
 gas vehicles.                       occurring from fires that result
                                     from fuel leakage during and after
                                     motor vehicle crashes.
49 CFR 571.304; Compressed natural  The purpose of this standard is to
 gas fuel container integrity.       reduce deaths and injuries
                                     occurring from fires that result
                                     from fuel leakage during and after
                                     motor vehicle crashes.
49 CFR 571.305; Electric-powered    The purpose of this standard is to
 vehicles: Electrolyte spillage      reduce deaths and injuries during
 and electrical shock protection.    and after a crash that occurs
                                     because of electrolyte spillage
                                     from electric energy storage
                                     devices, intrusion of electric
                                     energy storage/conversion devices
                                     into the occupant compartment, and
                                     electrical shock.
49 CFR 571.401; Interior trunk      The purpose of this standard is to
 release.                            require providing a trunk release
                                     mechanism that allows a person
                                     trapped inside the trunk
                                     compartment of a passenger to
                                     escape from the compartment.
49 CFR 571.404; Platform lift       The purpose of this standard is to
 installations in motor vehicles.    prevent injuries and fatalities to
                                     passengers and bystanders during
                                     the operation of platform lifts
                                     installed in motor vehicles.
49 CFR 571.500; Low-speed vehicles  The purpose of this standard is to
                                     ensure that low-speed vehicles
                                     operated on the public streets,
                                     roads, and highways are equipped
                                     with the minimum motor vehicle
                                     equipment appropriate for motor
                                     vehicle safety.
------------------------------------------------------------------------


    Issued in Washington, DC, on December 12, 2019.

    Under authority delegated in 49 CFR part 1.95 and 49 CFR 501.4.
James Clayton Owens,
Acting Administrator.
[FR Doc. 2019-27211 Filed 1-6-20; 8:45 am]
 BILLING CODE 4910-59-P