DOT 49 CFR PART 555-2010 TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS.pdf

1、172 49 CFR Ch. V (10110 Edition) Pt. 555 PART 555TEMPORARY EXEMP-TION FROM MOTOR VEHICLE SAFETY AND BUMPER STAND-ARDS Subpart AGeneral Sec. 555.1 Scope. 555.2 Purpose. 555.3 Application. 555.4 Definitions. 555.5 Application for exemption. 555.6 Basis for application. 555.7 Processing of applications

2、. 555.8 Termination of temporary exemptions. 555.9 Temporary exemption labels. 555.10 Availability for public inspection. Subpart BVehicles Built In Two or More Stages and Altered Vehicles 555.11 Application. 555.12 Petition for exemption. 555.13 Basis for petition. 555.14 Processing of petitions. 5

3、55.15 Time period for exemptions. 555.16 Renewal of exemptions. 555.17 Termination of temporary exemp-tions. 555.18 Temporary exemption labels. AUTHORITY: 49 U.S.C. 30113, 32502, Pub. L. 105277; delegation of authority at 49 CFR 1.50. SOURCE: 38 FR 2694, Jan. 29, 1973, unless otherwise noted. Subpar

4、t AGeneral 555.1 Scope. This part establishes requirements for the temporary exemption by the National Highway Traffic Safety Ad-ministration (NHTSA) of certain motor vehicles from compliance with one or more Federal motor vehicle safety standards in accordance with 49 U.S.C. 30113, and of certain p

5、assenger motor vehicles from compliance with all or part of a Federal bumper standard in accordance with 49 U.S.C. 32502. 64 FR 2861, Jan. 19, 1999 555.2 Purpose. (a) The purpose of this part is to pro-vide a means by which manufacturers of motor vehicles may obtain tem-porary exemptions from Federa

6、l motor vehicle safety standards on the basis of substantial economic hardship, facili-tation of the development of new motor vehicle safety or low-emission engine features, or existence of an equivalent overall level of motor vehi-cle safety. (b) The purpose of this part is also to provide a means

7、by which manufactur-ers of passenger motor vehicles may obtain a temporary exemption from compliance with all or part of a Fed-eral bumper standard issued under part 581 of this chapter on a basis similar to that provided for exemptions from the Federal motor vehicle safety stand-ards. 38 FR 2694, J

8、an. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999 555.3 Application. This part applies to manufacturers of motor vehicles and passenger motor ve-hicles. 64 FR 2861, Jan. 19, 1999 555.4 Definitions. Administrator means the National Highway Traffic Safety Administrator or his delegate. Passenger m

9、otor vehicle means a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include a truck not designed primarily to carry its operator or pas-sengers, or a motorcycle. United States means the several States, the District of Columbia, the Commonwealth of Puerto

10、 Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. 38 FR 2694, Jan. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999 555.5 Application for exemption. (a) A manufacturer of motor vehicles or passenger motor vehicles may apply to NHTSA for a temporary exemption from any Federal moto

11、r vehicle safety or bumper standard or for a renewal of any exemption on the bases of substan-tial economic hardship, making easier the development or field evaluation of new motor vehicle safety or impact protection, or low-emission vehicle fea-tures, or that compliance with a stand-ard would preve

12、nt it from selling a ve-hicle with an overall level of safety or impact protection at least equal to that of nonexempted vehicles. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for Resal

13、eNo reproduction or networking permitted without license from IHS-,-,-173 Natl Highway Traffic Safety Admin., DOT 555.6 (b) Each application filed under this part for an exemption or its renewal must (1) Be written in the English lan-guage; (2) Be submitted in three copies to: Administrator, Nationa

14、l Highway Traf-fic Safety Administration, Washington, DC 20590; (3) State the full name and address of the applicant, the nature of its organi-zation (individual, partnership, cor-poration, etc.) and the name of the State or country under the laws of which it is organized; (4) State the number and t

15、itle, and the text or substance of the standard or portion thereof from which the tem-porary exemption is sought, and the length of time desired for such exemp-tion; (5) Set forth the basis for the applica-tion and the information required by 555.6(a), (b), (c), or (d) as appropriate. (6) Specify an

16、y part of the informa-tion and data submitted which peti-tioner requests be withheld from public disclosure in accordance with part 512 of this chapter. (i) The information and data which petitioner requests be withheld from public disclosure must be submitted in accordance with 512.4 of this chapte

17、r. (ii) The petitioners request for with-holding from public disclosure must be accompanied by a certification in sup-port as set forth in appendix A to part 512 of this chapter. (7) Set forth the reasons why the granting of the exemption would be in the public interest, and, as applicable, consiste

18、nt with the objectives of 49 U.S.C. Chapter 301 or Chapter 325. (c) The knowing and willful submis-sion of false, fictitious or fraudulent information will subject the petitioner to the civil and criminal penalties of 18 U.S.C. 1001. 38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974

19、; 46 FR 2063, Jan. 8, 1981; 63 FR 44173, Aug. 18, 1998; 64 FR 2861, Jan. 19, 1999; 70 FR 7429, Feb. 14, 2005 555.6 Basis for application. (a) If the basis of the application is that compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with

20、 the standard in good faith, the applicant shall provide the following information: (1) Engineering and financial infor-mation demonstrating in detail how compliance or failure to obtain an ex-emption would cause substantial eco-nomic hardship, including (i) A list or description of each item of mot

21、or vehicle equipment that would have to be modified in order to achieve compliance; (ii) The itemized estimated cost to modify each such item of motor vehicle equipment if compliance were to be achieved (A) As soon as possible, (B) At the end of a 1-year exemption period (if the petition is for 1 ye

22、ar or more), (C) At the end of a 2-year exemption period (if the petition is for 2 years or more), (D) At the end of a 3-year exemption period (if the petition is for 3 years), (iii) The estimated price increase per vehicle to balance the total costs in-curred pursuant to paragraph (a)(1)(ii) of thi

23、s section and a statement of the anticipated effect of each such price in-crease; (iv) Corporate balance sheets and in-come statements for the three fiscal years immediately preceding the filing of the application; (v) Projected balance sheet and in-come statement for the fiscal year fol-lowing a de

24、nial of the application; and (vi) A discussion of any other hard-ships (e.g., loss of market, difficulty of obtaining goods and services for com-pliance) that the petitioner desires the agency to consider. (2) A description of its efforts to com-ply with the standards, including (i) A chronological

25、analysis of such efforts showing its relationship to the rule making history of the standard from which exemption is sought; (ii) A discussion of alternate means of compliance considered and the rea-sons for rejection of each; (iii) A discussion of any other factors (e.g., the resources available to

26、 the pe-titioner, inability to procure goods and services necessary for compliance fol-lowing a timely request) that the peti-tioner desires the NHTSA to consider in deciding whether the petitioner VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 2

27、20217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-174 49 CFR Ch. V (10110 Edition) 555.6 tried in good faith to comply with the standard; (iv) A description of the steps to be taken, while the exemption is in effe

28、ct, and the estimated date by which full compliance will be achieved either by design changes or termination of pro-duction of nonconforming vehicles; and (v) The total number of motor vehi-cles produced by or on behalf of the pe-titioner in the 12-month period prior to filing the petition, and the

29、inclusive dates of the period. (49 U.S.C. 30113(d) limits eligibility for exemption on the basis of economic hardship to manufac-turers whose total motor vehicle pro-duction in the year preceding the filing of their applications does not exceed 10,000.) (b) If the basis of the application is that th

30、e exemption would make easier the development or field evaluation of a new motor vehicle safety or impact protection features providing a safety or impact protection level at least equal to that of the standard, the ap-plicant shall provide the following in-formation: (1) A description of the safety

31、 or im-pact protection features, and research, development, and testing documenta-tion establishing the innovational na-ture of such features. (2) An analysis establishing that the level of safety or impact protection of the feature is equivalent to or exceeds the level of safety or impact protectio

32、n established in the standard from which exemption is sought, including (i) A detailed description of how a ve-hicle equipped with the safety or im-pact protection feature differs from one that complies with the standard; (ii) If applicant is presently manufac-turing a vehicle conforming to the stan

33、dard, the results of tests conducted to substantiate certification to the standard; and (iii) The results of tests conducted on the safety or impact protection fea-tures that demonstrates performance which meets or exceeds the require-ments of the standard. (3) Substantiation that a temporary exempt

34、ion would facilitate the devel-opment or field evaluation of the vehi-cle. (4) A statement whether, at the end of the exemption period, the manufac-turer intends to conform to the stand-ard, apply for a further exemption, or petition for rulemaking to amend the standard to incorporate the safety or

35、impact protection features. (5) A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month pe-riod for which an exemption may be granted pursuant to this paragraph. An application for renewal of such an ex-emption shall also include the total number of e

36、xempted vehicles sold in the United States under the existing exemption. (c) If the basis of the application is that the exemption would make the de-velopment or field evaluation of a low- emission vehicle easier and would not unreasonably lower the safety or im-pact protection level of that vehicle

37、, the applicant shall provide (1) Substantiation that the vehicle is a low-emission vehicle as defined by 49 U.S.C. 30113(a). (2) Research, development, and test-ing documentation establishing that a temporary exemption would not unrea-sonably degrade the safety or impact protection of the vehicle,

38、including (i) A detailed description of how the motor vehicle equipped with the low- emission engine would, if exempted, differ from one that complies with the standard; (ii) If the applicant is presently man-ufacturing a vehicle conforming to the standard, the results of tests conducted to substant

39、iate certification to the standard; (iii) The results of any tests con-ducted on the vehicle that demonstrate its failure to meet the standard, ex-pressed as comparative performance levels; and (iv) Reasons why the failure to meet the standard does not unreasonably de-grade the safety or impact prot

40、ection of the vehicle. (3) Substantiation that a temporary exemption would facilitate the devel-opment or field evaluation of the vehi-cle. (4) A statement whether, at the end of the exemption period, the manufac-turer intends to conform with the standard. (5) A statement that not more than 2,500 ex

41、empted vehicles will be sold in VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-175 Natl Highway Traffic Safe

42、ty Admin., DOT 555.7 the United States in any 12-month pe-riod for which an exemption may be granted pursuant to this paragraph. An application for renewal of an exemp-tion shall also include the total num-ber of exempted vehicles sold in the United States under the existing ex-emption. (d) If the b

43、asis of the application is that the applicant is otherwise unable to sell a vehicle whose overall level of safety or impact protection is at least equal to that of a nonexempted vehicle, the applicant shall provide (1) A detailed analysis of how the ve-hicle provides the overall level of safe-ty or

44、impact protection at least equal to that of nonexempted vehicles, in-cluding (i) A detailed description of how the motor vehicle, if exempted, differs from one that conforms to the stand-ard; (ii) A detailed description of any safety or impact protection features that the vehicle offers as standard

45、equipment that are not required by the Federal motor vehicle safety or bump-er standards; (iii) The results of any tests con-ducted on the vehicle demonstrating that it fails to meet the standard, ex-pressed as comparative performance levels; (iv) The results of any tests con-ducted on the vehicle d

46、emonstrating that its overall level of safety or im-pact protection exceeds that which is achieved by conformity to the stand-ards. (v) Other arguments that the overall level of safety or impact protection of the vehicle is at least equal to that of nonexempted vehicles. (2) Substantiation that comp

47、liance would prevent the sale of the vehicle. (3) A statement whether, at the end of the exemption period, the manufac-turer intends to comply with the standard. (4) A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month pe-riod for which an exemptio

48、n may be granted pursuant to this paragraph. An application for renewal of any exemp-tion shall also include the total num-ber of exempted vehicles sold in the United States under the existing ex-emption. 38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 63 FR 44173, Aug. 18, 1998;

49、 64 FR 2861, Jan. 19, 1999 555.7 Processing of applications. (a) The NHTSA publishes in the FED-ERAL REGISTER, affording opportunity for comment, a notice of each applica-tion containing the information re-quired by this part. However, if the NHTSA finds that an application does not contain the information required by this part, it so informs the appli-cant, pointing out the areas of insuffi-ciency and stating that the application will not receive