[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4013 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4013
To direct the National Highway Traffic Safety Administration to
establish a program allowing low volume motor vehicle manufacturers to
produce a limited number of vehicles annually within a regulatory
system that addresses the unique safety and financial issues associated
with limited production, and to direct the Environmental Protection
Agency to allow low volume motor vehicle manufacturers to install
engines from vehicles that have been issued certificates of conformity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2014
Mr. Campbell (for himself, Mr. Barrow of Georgia, and Mr. Hunter)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To direct the National Highway Traffic Safety Administration to
establish a program allowing low volume motor vehicle manufacturers to
produce a limited number of vehicles annually within a regulatory
system that addresses the unique safety and financial issues associated
with limited production, and to direct the Environmental Protection
Agency to allow low volume motor vehicle manufacturers to install
engines from vehicles that have been issued certificates of conformity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Volume Motor Vehicle
Manufacturers Act of 2014''.
SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME
MANUFACTURERS.
Section 30114 of title 49, United States Code, is amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used
for Particular Purposes.--The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low Volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from specified standards not more than
1,000 replica motor vehicles per year that are
manufactured or imported by a low volume manufacturer;
``(B) exempt from specified standards not more than
50 non-replica motor vehicles per year that are
manufactured or imported by a single low volume
manufacturer by requiring each low volume manufacturer
to have evidence of a sales contract to be eligible for
the exemption; and
``(C) permit a low volume manufacturer to assign
vehicle identification numbers.
``(2) Cap on non-replica motor vehicles exemptions.--The
Secretary may not provide exemptions for more than 1,000 non-
replica motor vehicles per year under paragraph (1)(B). The
Secretary shall provide a fair and reasonable method for
annually recording and publicly reporting such exemptions.
``(3) Exception.--Except as provided in this subsection, a
low volume manufacturer shall be considered a motor vehicle
manufacturer for purposes of subtitle VI of this title.
``(4) Registration requirement.--To qualify for an
exemption under paragraph (1), a low volume manufacturer shall
register with the Secretary at such time, in such manner, and
under such terms that the Secretary determines appropriate.
``(5) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low volume manufacturer to affix a permanent label--
``(i) to a motor vehicle exempted under
paragraph (1) that identifies the specified
standards from which such vehicle is exempt;
and
``(ii) to a replica motor vehicle exempted
under paragraph (1)(A), that designates the
model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a
low volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the
exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(6) Notification, recall, and remedy requirements.--If a
motor vehicle has any defects related to motor vehicle safety
or any nonconformities regarding any standards other than
specified standards, a low volume manufacturer of such vehicle
is subject to all notification, recall, and remedy requirements
set forth in sections 30116 through 30120A of this title.
``(7) Definitions.--In this subsection:
``(A) Low volume manufacturer.--The term `low
volume manufacturer' means a motor vehicle manufacturer
whose annual worldwide production is not more than
5,000 motor vehicles.
``(B) Non-replica motor vehicle.--The term `non-
replica motor vehicle' means any motor vehicle produced
by a low volume manufacturer that is not a replica
motor vehicle.
``(C) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of
the replica motor vehicle; and
``(ii) is subject to being manufactured
under trademark or trade dress or design patent
license, if such exists, from the original
manufacturer or its assignee that is the
current owner of an active, valid, and
subsisting trademark registration or patent as
indicated in the records of the United States
Patent and Trademark Office for the non-
functional and ornamental portions of the motor
vehicle that is intended to be replicated.
``(D) Specified standard.--The term `specified
standard' means--
``(i) any motor vehicle standard or
obligation described in any of sections
30112(a), 32304, 32502, or 32902 of this title,
or in section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232); and
``(ii) does not include any standard
promulgated under section 30112(a) applicable
to motor vehicle equipment.''.
SEC. 3. VEHICLE COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE
MANUFACTURERS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended--
(1) in section 206(a) by adding at the end the following
new paragraph:
``(5)(A) A motor vehicle engine (including all engine
emission controls) from a motor vehicle that has been granted a
certificate of conformity by the Administrator, or an engine
that has been granted an Executive order subject to regulations
promulgated by the California Air Resources Board, may be
installed in an exempted specially produced motor vehicle, if--
``(i) the manufacturer of the engine supplies
written instructions explaining how to install the
engine and maintain functionality of the engine's
emission control system and the on-board diagnostic
system (commonly known as `OBD II'), except with
respect to evaporative emissions diagnostics;
``(ii) the producer of the exempted specially
produced motor vehicle installs the engine in
accordance with such instructions; and
``(iii) the installation instructions include
emission control warranty information from the engine
manufacturer in compliance with section 207, including
where warranty repairs can be made, emission control
labels to be affixed to the vehicle, and the
certificate of conformity number for the applicable
vehicle in which the engine was originally intended or
the applicable Executive order number for the engine.
``(B) A motor vehicle containing an engine compliant with
the requirements of subparagraph (A) shall be treated as
meeting the requirements of section 202 applicable to new
vehicles manufactured or imported in the model year in which
the exempted specially produced motor vehicle is assembled.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accordance
with the installation instructions shall be treated as
prohibited acts by the installer under section 203 and subject
to penalties under section 205.
``(D) The producer of an exempted specially produced motor
vehicle that has an engine compliant with the requirements of
subparagraph (A) shall provide to the purchaser of such vehicle
all information received by the producer from the engine
manufacturer, including information regarding emissions
warranties from the engine manufacturer and all emissions-
related recalls by the engine manufacturer.
``(E) To qualify to install an engine under this paragraph,
a producer of exempted specially produced motor vehicles shall
register with the Administrator at such time and in such manner
as the Administrator determines appropriate. The producer shall
submit an annual report to the Administrator that includes--
``(i) a description of the exempted specially
produced motor vehicles produced and engines installed
in such vehicles; and
``(ii) the certificate of conformity number issued
to the motor vehicle in which the engine was originally
intended or the applicable Executive order number for
the engine.
``(F) Exempted specially produced motor vehicles compliant
with this paragraph shall be exempted from--
``(i) motor vehicle certification testing that
might otherwise be required under section 206; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G) A producer of exempted specially produced motor
vehicles that is compliant with subparagraphs (A) through (E)
of this paragraph is not considered a manufacturer for the
purposes of this Act.''; and
(2) in section 216 by adding at the end the following new
paragraph:
``(12) Exempted specially produced motor vehicle.--The term
`exempted specially produced motor vehicle' means a replica
motor vehicle or non-replica motor vehicle that is exempt from
specified standards as defined in section 30114(b) of title 49,
United States Code.''.
SEC. 4. IMPLEMENTATION.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall issue such regulations as may be
necessary to implement sections 2 and 3 of this Act, respectively.
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