FAST Act Relevant Provisions

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1091
1

‘‘(B) has submitted to the Secretary ap-

2

propriate manufacturer identification informa-

3

tion under part 566 of title 49, Code of Federal

4

Regulations; and

5

‘‘(C) if applicable, has identified an agent

6

for service of process in accordance with part

7

551 of such title.’’.

8

SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTUR-

9

ERS.

10
11

(a) EXEMPTION FROM VEHICLE SAFETY STANDARDS
FOR

LOW-VOLUME MANUFACTURERS.—Section 30114 of

12 title 49, United States Code, is amended—
13

(1) by striking ‘‘The’’ and inserting ‘‘(A) VEHI-

14

CLES

15

FOR

PARTICULAR PURPOSES. The’’; and

(2) by adding at the end the following new sub-

16

section:

17

‘‘(b) EXEMPTION

18

FOR

LOW-VOLUME MANUFACTUR-

ERS.—

19

‘‘(1) IN

GENERAL.—The

Secretary shall—

20

‘‘(A) exempt from section 30112(a) of this

21

title not more than 325 replica motor vehicles

22

per year that are manufactured or imported by

23

a low-volume manufacturer; and

24

‘‘(B) except as provided in paragraph (4)

25

of this subsection, limit any such exemption to

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the Federal Motor Vehicle Safety Standards ap-

2

plicable to motor vehicles and not motor vehicle

3

equipment.

4

‘‘(2) REGISTRATION

qual-

5

ify for an exemption under paragraph (1), a low-vol-

6

ume manufacturer shall register with the Secretary

7

at such time, in such manner, and under such terms

8

that the Secretary determines appropriate. The Sec-

9

retary shall establish terms that ensure that no per-

10

son may register as a low-volume manufacturer if

11

the person is registered as an importer under section

12

30141 of this title.

13

‘‘(3) PERMANENT

14

‘‘(A) IN

LABEL REQUIREMENT.—

GENERAL.—The

Secretary shall

15

require a low-volume manufacturer to affix a

16

permanent label to a motor vehicle exempted

17

under paragraph (1) that identifies the speci-

18

fied standards and regulations for which such

19

vehicle is exempt from section 30112(a), states

20

that the vehicle is a replica, and designates the

21

model year such vehicle replicates.

22

‘‘(B) WRITTEN

NOTICE.—The

Secretary

23

may require a low-volume manufacturer of a

24

motor vehicle exempted under paragraph (1) to

25

deliver written notice of the exemption to—

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1093
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‘‘(i) the dealer; and

2

‘‘(ii) the first purchaser of the motor

3

vehicle, if the first purchaser is not an in-

4

dividual that purchases the motor vehicle

5

for resale.

6

‘‘(C) REPORTING

low-

7

volume manufacturer shall annually submit a

8

report to the Secretary including the number

9

and description of the motor vehicles exempted

10

under paragraph (1) and a list of the exemp-

11

tions described on the label affixed under sub-

12

paragraph (A).

13

‘‘(4) EFFECT

ON

OTHER

PROVISIONS.—Any

14

motor vehicle exempted under this subsection shall

15

also be exempted from sections 32304, 32502, and

16

32902 of this title and from section 3 of the Auto-

17

mobile Information Disclosure Act (15 U.S.C.

18

1232).

19

‘‘(5) LIMITATION

AND PUBLIC NOTICE.—The

20

Secretary shall have 90 days to review and approve

21

or deny a registration submitted under paragraph

22

(2). If the Secretary determines that any such reg-

23

istration submitted is incomplete, the Secretary shall

24

have an additional 30 days for review. Any registra-

25

tion not approved or denied within 90 days after ini-

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REQUIREMENT.—A

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1094
1

tial submission, or 120 days if the registration sub-

2

mitted is incomplete, shall be deemed approved. The

3

Secretary shall have the authority to revoke an exist-

4

ing registration based on a failure to comply with re-

5

quirements set forth in this subsection or a finding

6

by the Secretary of a safety-related defect or unlaw-

7

ful conduct under this chapter that poses a signifi-

8

cant safety risk. The registrant shall be provided a

9

reasonable opportunity to correct all deficiencies, if

10

such are correctable based on the sole discretion of

11

the Secretary. An exemption granted by the Sec-

12

retary to a low-volume manufacturer under this sub-

13

section may not be transferred to any other person,

14

and shall expire at the end of the calendar year for

15

which it was granted with respect to any volume au-

16

thorized by the exemption that was not applied by

17

the low-volume manufacturer to vehicles built during

18

that calendar year. The Secretary shall maintain an

19

up-to-date list of registrants and a list of the make

20

and model of motor vehicles exempted under para-

21

graph (1) on at least an annual basis and publish

22

such list in the Federal Register or on a website op-

23

erated by the Secretary.

24
25

‘‘(6) LIMITATION

MANUFACTURERS, LICENSORS OR OWNERS OF PROD-

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OF LIABILITY FOR ORIGINAL

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UCT CONFIGURATION, TRADE DRESS, OR DESIGN

2

PATENTS.—The

3

or assignee, or current owner, who grants a license

4

or otherwise transfers rights to a low-volume manu-

5

facturer shall incur no liability to any person or enti-

6

ty under Federal or State statute, regulation, local

7

ordinance, or under any Federal or State common

8

law for such license or assignment to a low-volume

9

manufacturer.

10

‘‘(7) DEFINITIONS.—In this subsection:

11

‘‘(A) LOW-VOLUME

MANUFACTURER.—The

12

term ‘low-volume manufacturer’ means a motor

13

vehicle manufacturer, other than a person who

14

is registered as an importer under section

15

30141 of this title, whose annual worldwide

16

production, including by a parent or subsidiary

17

of the manufacturer, if applicable, is not more

18

than 5,000 motor vehicles.

19

‘‘(B)

REPLICA

MOTOR

VEHICLE.—The

20

term ‘replica motor vehicle’ means a motor ve-

21

hicle produced by a low-volume manufacturer

22

and that—

23

‘‘(i) is intended to resemble the body

24

of another motor vehicle that was manu-

25

factured not less than 25 years before the

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original manufacturer, its successor

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1096
1

manufacture of the replica motor vehicle;

2

and

3

‘‘(ii) is manufactured under a license

4

for the product configuration, trade dress,

5

trademark, or patent, for the motor vehicle

6

that is intended to be replicated from the

7

original manufacturer, its successors or as-

8

signees, or current owner of such product

9

configuration, trade dress, trademark, or

10

patent rights.

11

‘‘(8) CONSTRUCTION.—Except as provided in

12

paragraphs (1) and (4), a registrant shall be consid-

13

ered a motor vehicle manufacturer for purposes of

14

parts A and C of subtitle VI of this title. Nothing

15

shall be construed to exempt a registrant from com-

16

plying with the requirements under sections 30116

17

through 30120A of this title if the motor vehicle ex-

18

cepted under paragraph (1) contains a defect related

19

to motor vehicle safety.

20

‘‘(9) STATE

in this

21

subsection shall be construed to preempt, affect, or

22

supersede any State titling or registration law or

23

regulation for a replica motor vehicle, or exempt a

24

person from complying with such law or regula-

25

tion.’’.

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REGISTRATION.—Nothing

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2

(b) VEHICLE EMISSION COMPLIANCE STANDARDS
FOR

LOW-VOLUME MOTOR VEHICLE MANUFACTURERS.—

3 Section 206(a) of the Clean Air Act (42 U.S.C. 7525(a))
4 is amended by adding at the end the following new para5 graph:
6

‘‘(5)(A) A motor vehicle engine (including all

7

engine emission controls) may be installed in an ex-

8

empted specially produced motor vehicle if the motor

9

vehicle engine is from a motor vehicle that is covered

10

by a certificate of conformity issued by the Adminis-

11

trator for the model year in which the exempted spe-

12

cially produced motor vehicle is produced, or the

13

motor vehicle engine is covered by an Executive

14

order subject to regulations promulgated by the

15

California Air Resources Board for the model year

16

in which the exempted specially produced motor ve-

17

hicle is produced, and—

18

‘‘(i) the manufacturer of the engine

19

supplies written instructions to the Admin-

20

istrator and the manufacturer of the ex-

21

empted specially produced motor vehicle

22

explaining how to install the engine and

23

maintain functionality of the engine’s emis-

24

sion control system and the on-board diag-

25

nostic

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system

(commonly

known

as

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1098
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‘OBD’), except with respect to evaporative

2

emissions;

3

‘‘(ii) the manufacturer of the exempt-

4

ed specially produced motor vehicle installs

5

the engine in accordance with such instruc-

6

tions and certifies such installation in ac-

7

cordance with subparagraph (E);

8

‘‘(iii) the installation instructions in-

9

clude emission control warranty informa-

10

tion from the engine manufacturer in com-

11

pliance with section 207, including where

12

warranty repairs can be made, emission

13

control labels to be affixed to the vehicle,

14

and the certificate of conformity number

15

for the applicable vehicle in which the en-

16

gine was originally intended or the applica-

17

ble Executive order number for the engine;

18

and

19

‘‘(iv) the manufacturer of the exempt-

20

ed specially produced motor vehicle does

21

not produce more than 325 such vehicles

22

in the calendar year in which the vehicle is

23

produced.

24

‘‘(B) A motor vehicle containing an engine

25

compliant with the requirements of subpara-

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1099
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graph (A) shall be treated as meeting the re-

2

quirements of section 202 applicable to new ve-

3

hicles produced or imported in the model year

4

in which the exempted specially produced motor

5

vehicle is produced or imported.

6

‘‘(C) Engine installations that are not per-

7

formed in accordance with installation instruc-

8

tions provided by the manufacturer and alter-

9

ations to the engine not in accordance with the

10

installation instructions shall—

11

‘‘(i) be treated as prohibited acts by

12

the installer under section 203 and any ap-

13

plicable regulations; and

14

‘‘(ii) subject to civil penalties under

15

section 205(a), civil actions under section

16

205(b), and administrative assessment of

17

penalties under section 205(c).

18

‘‘(D) The manufacturer of an exempted

19

specially produced motor vehicle that has an en-

20

gine compliant with the requirements of sub-

21

paragraph (A) shall provide to the purchaser of

22

such vehicle all information received by the

23

manufacturer from the engine manufacturer,

24

including information regarding emissions war-

25

ranties from the engine manufacturer and all

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1100
1

emissions-related recalls by the engine manufac-

2

turer.

3

‘‘(E) To qualify to install an engine under

4

this paragraph, and sell, offer for sale, intro-

5

duce into commerce, deliver for introduction

6

into commerce or import an exempted specially

7

produced motor vehicle, a manufacturer of ex-

8

empted specially produced motor vehicles shall

9

register with the Administrator at such time

10

and in such manner as the Administrator deter-

11

mines appropriate. The manufacturer shall sub-

12

mit an annual report to the Administrator that

13

includes—

14

‘‘(i) a description of the exempted spe-

15

cially produced motor vehicles and engines

16

installed in such vehicles;

17

‘‘(ii) the certificate of conformity

18

number issued to the motor vehicle in

19

which the engine was originally intended or

20

the applicable Executive order number for

21

the engine; and

22

‘‘(iii) a certification that it produced

23

all exempted specially produced motor ve-

24

hicles according to the written instructions

25

from the engine manufacturer, and other-

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1101
1

wise that the engine conforms in all mate-

2

rial respects to the description in the appli-

3

cation for the applicable certificate of con-

4

formity or Executive order.

5

‘‘(F) Exempted specially produced motor

6

vehicles compliant with this paragraph shall be

7

exempted from—

8

‘‘(i) motor vehicle certification testing

9

under this section; and

10

‘‘(ii) vehicle emission control inspec-

11

tion and maintenance programs required

12

under section 110.

13

‘‘(G)(i) Except as provided in subpara-

14

graphs (A) through (F), a person engaged in

15

the manufacturing or assembling of exempted

16

specially produced motor vehicles shall be con-

17

sidered a manufacturer for purposes of this

18

Act.

19

‘‘(ii) Nothing in this paragraph shall be

20

construed to exempt any person from the prohi-

21

bitions in section 203(a)(3) or the requirements

22

in sections 208, 206(c), or 202(m)(5).

23

‘‘(H) In this paragraph:

24

‘‘(i) The term ‘exempted specially pro-

25

duced motor vehicle’ means a light-duty ve-

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1102
1

hicle or light-duty truck produced by a

2

low-volume manufacturer and that—

3

‘‘(I) is intended to resemble the

4

body of another motor vehicle that

5

was manufactured not less than 25

6

years before the manufacture of the

7

exempted specially produced motor ve-

8

hicle; and

9

‘‘(II) is manufactured under a li-

10

cense for the product configuration,

11

trade dress, trademark, or patent, for

12

the motor vehicle that is intended to

13

be replicated from the original manu-

14

facturer, its successors or assignees,

15

or current owner of such product con-

16

figuration, trade dress, trademark, or

17

patent rights.

18

‘‘(ii) The term ‘low-volume manufac-

19

turer’ means a motor vehicle manufac-

20

turer, other than a person who is reg-

21

istered as an importer under section 30141

22

of title 49, United States Code, whose an-

23

nual worldwide production, including by a

24

parent or subsidiary of the manufacturer,

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1103
1

if applicable, is not more than 5,000 motor

2

vehicles.’’.

3

(c) IMPLEMENTATION.—Not later than 12 months

4 after the date of enactment of this Act, the Secretary of
5 Transportation and the Administrator of the Environ6 mental Protection Agency shall issue such regulations as
7 may be necessary to implement the amendments made by
8 subsections (a) and (b), respectively.
9

SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.

10

Section 30111 of title 49, United States Code, is

11 amended by adding at the end the following new sub12 section:
13

‘‘(f) MOTOR VEHICLE SAFETY GUIDELINES.—

14

‘‘(1) IN

guidelines issued by the

15

Secretary with respect to motor vehicle safety shall

16

confer any rights on any person, State, or locality,

17

nor shall operate to bind the Secretary or any per-

18

son to the approach recommended in such guide-

19

lines. In any enforcement action with respect to

20

motor vehicle safety, the Secretary shall allege a vio-

21

lation of a provision of this subtitle, a motor vehicle

22

safety standard issued under this subtitle, or an-

23

other relevant statute or regulation. The Secretary

24

may not base an enforcement action on, or execute

25

a consent order based on, practices that are alleged

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