Temporary Exemption From Motor Vehicle Safety Standards; Bumper Standard

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 555 and 581

[Docket No. NHTSA-99-4993]

RIN 2127-AH51

Temporary Exemption From Motor Vehicle Safety Standards; Bumper

Standard

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends NHTSA's temporary exemption regulation

(49 CFR part 555) and bumper standard (49 CFR part 581) to reflect

recent statutory amendments that allow us to grant temporary exemptions

from Federal bumper standards on the same bases as we grant temporary

exemptions from the Federal motor vehicle safety standards. Before now,

we had authority to grant a bumper standard exemption only if the

vehicle exempted was manufactured for a special use, and if compliance

with the bumper standard would interfere unreasonably with the special

use of the vehicle.

Low-volume manufacturers may now present hardship arguments in

asking for an exemption of up to 3 years. All manufacturers may ask for

exemptions of up to 2 years for a limited number of vehicles if the

exemption would make easier the introduction of innovative impact

protection devices or the use of low-emission vehicles, or if it would

allow the sale of a vehicle whose overall level of impact protection is

at least equal to that of nonexempted vehicles.

Because part 581 does not reflect our authority to provide special-

use exemptions, we are taking this opportunity to establish a procedure

for exemptions from the bumper standard on this basis similar to those

of part 555, including providing an opportunity for public comment.

However, these special-use exemptions would be permanent, given the

likelihood that the vehicle is intended for its special use throughout

its production life.

We are also making minor amendments to conform to the terminology

and section numbers adopted in the 1994 recodification of our statutes.

Because these are technical amendments, they are effective upon

their publication.

DATES: Effective date: The final rule is effective on January 19, 1999.

FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief

Counsel, NHTSA (telephone: 202-366-5263; FAX: 202-366-3820; e-mail:

T[email protected]).

SUPPLEMENTARY INFORMATION:

Background

For many years, manufacturers of motor vehicles have been able to

apply to us for a temporary exemption from one or more of the Federal

motor vehicles safety standards, on one or more of the four bases

stated in 49 U.S.C. 30113 (enacted by Pub. L. 92-548, October 25, 1972,

as Section 123 of the National Traffic and Motor Vehicle Safety Act,

and implemented with 49 CFR part 555). We provide exemptions from a

standard of up to three years if we find that compliance would cause

substantial economic hardship to a manufacturer (whose annual

production is 10,000 units or less) that has tried to meet the standard

in good faith. We provide exemptions of up to two years, covering 2500

vehicles a year, to any

[[Page 2859]]

manufacturer, if the exemption would promote innovative safety devices

or low-emission vehicles, consistent with the safety of the vehicle, or

if compliance prevents the applicant from selling a vehicle whose

overall level of safety is at least equal to a complying vehicle.

In October 1972, Congress also enacted the Motor Vehicle

Information and Cost Savings Act (Pub. L. 92-513, October 20, 1972),

Title I of which (now 49 U.S.C. Chapter 325) required us to issue

bumper standards directed towards reducing the economic loss resulting

from motor vehicle crashes at low speeds. We complied by promulgating

49 CFR part 581 Bumper Standard. This standard superseded an earlier

bumper standard based on safety considerations, Federal Motor Vehicle

Safety Standard No. 215 Exterior Protection. Standard No. 215 went into

effect on September 1, 1972, and we had granted several exemptions from

it under our exemption authority provided by Pub. L. 92-548. On the the

effective date of part 581, September 1, 1978, Standard No. 215 was

removed, and the exemptions then in effect terminated. The remainder of

the term of these safety standard exemptions could not be transferred

to excuse compliance with Part 581, because the Bumper Standard was not

a safety standard, and, in any event, contained somewhat different

requirements.

Although both Acts were virtually contemporaneous, Pub. L. 92-513

contained no exemption authority comparable to that provided by Pub. L.

92-548. We were authorized only to exempt from any part of a bumper

standard a ``multipurpose passenger vehicle'' as defined by 49 U.S.C.

32101(9), or ``a make, model, or class of a passenger motor vehicle

manufactured for a special use, if the standard would interfere

unreasonably with the special use of the vehicle'' (49 U.S.C.

32502(c)). We exercised this limited authority by excluding

multipurpose passenger vehicles from Part 581, but we never excused any

vehicle from compliance on the basis of ``special use.''

With the enactment in October 1998 of Pub. L. 105-277, the Omnibus

Consolidated Appropriations Act of 1999, Congress has now given us

authority to provide the same kinds of exemptions from the bumper

standard as from the safety standards.

The 1998 amendments to 49 U.S.C. 30113 and 49 U.S.C. Chapter 325

These are the amendments made to Title 49 by Pub. L. 105-277. The

first sentence of section 30113(b)(1) now reads as follows: ``The

(NHTSA Administrator) may exempt, on a temporary basis, motor vehicles

from a motor vehicle safety standard prescribed under this chapter or

passenger motor vehicles from a bumper standard prescribed under

chapter 325 of this title on terms the (Administrator) considers

appropriate.'' The Administrator may provide an exemption on finding

that ``an exemption is consistent with the public interest and this

chapter or chapter 325 of this title (as applicable),'' section

30113(b)(1)(3)(A), as amended. If the application is made on a hardship

basis, the manufacturer must describe its ``good faith effort to comply

with each motor vehicle safety standard prescribed under this chapter

or a bumper standard prescribed under chapter 325 of this title,''

section 30113(c)(1). Under section 30113(d), as amended in part, ``A

manufacturer is eligible for an exemption under subsection (b)(3)(B)(1)

of this section (including an exemption under subsection (b)(3)(B)(1)

relating to a bumper standard referred to in subsection (b)(1)).''

Finally, the exemption label ``shall either name or describe each motor

vehicle safety standard prescribed under this chapter or bumper

standard prescribed under chapter 325 of this title from which the

vehicle is exempt,'' section 30113(h) as amended.

Pub. L. 105-277 made conforming amendments to 49 U.S.C. section

32502(c), which now reads:

(c) EXEMPTIONS.--For good cause, the (Administrator) may exempt

from all or any part of a standard--

(1) A multipurpose passenger vehicle;

(2) A make, model, or class of a passenger motor vehicle

manufactured for a special use, if the standard would interfere

unreasonably with the special use of the vehicle; or

(3) A passenger motor vehicle for which an application for an

exemption under section 30113(b) of this title has been filed in

accordance with the requirements of that section.

Finally, section 32506(a) GENERAL--has been amended to exclude from

the violations set forth in sections 32506(a)(1) through (a)(4) the

exceptions ``provided in this section and section 32502 of this

title.''

Conforming Amendments We Are Making to 49 Parts 555 and 581

Part 555

In recognition of the expanded exemption authority, we are changing

the title of part 555 to ``Temporary Exemption from Motor Vehicle

Safety and Bumper Standards.'' We are also adding bumper standards to

Sec. 555.1 Scope, and Sec. 555.2 Purpose. We are also changing the

statutory references in Secs. 555.1, 555.6(a)(2)(iv), and 555.6(c)(1)

to reflect the recodification in 1994 under which the exemption

authority of section 123 of the National Traffic and Motor Vehicle

Safety Act (15 U.S.C. 1410) became 49 U.S.C. 30113.

Under section 30113 as now amended, we may exempt ``motor

vehicles'' from a safety standard, and ``passenger motor vehicles''

from a bumper standard. A ``passenger motor vehicle'' is defined as ``a

motor vehicle with motive power designed to carry not more than 12

individuals, but does not include (A) a motorcycle; or (B) a truck not

designed primarily to carry its operator or passengers,'' 49 U.S.C.

32101(10). Part 581's bumper standard currently applies to ``passenger

motor vehicles other than multipurpose passenger vehicles,''

Sec. 581.3, which, in effect, means ``passenger cars'' as defined by 49

CFR 571.3(b) for purposes of compliance with the Federal motor vehicle

safety standards. Nevertheless, because section 30113 has been amended

to include the phrase ``passenger motor vehicles,'' we are amending

Secs. 555.3 and 555.5(a) to apply to manufacturers of passenger motor

vehicles as well as manufacturers of motor vehicles, to avoid questions

of interpretation. We are also amending Sec. 555.4 Definitions to

define ``passenger motor vehicles'' as the term is defined in section

32101(10).

The 1994 recodification uses the term ``apply'' rather then

``petition,'' and we are also amending part 555 where appropriate to

replace the noun and verb ``petition'' with ``application'' and

``apply.''

There are two findings that we must make to grant an exemption. The

first finding is that ``an exemption is consistent with the public

interest and (chapter 301) or chapter 325 of this title (as

applicable).'' Section 30113(b(3)(A), as amended. We are changing the

corresponding requirement under section 555.5(b)(7) to include chapter

325.

The second finding confirms the applicant's arguments under section

30113(b)(3)(B) that an exemption would serve a purpose listed in

subsections (B)(i)-(iv): Relieve a substantial economic hardship, make

easier the introduction of a new motor vehicle safety feature, or the

introduction of a low-emission motor vehicle without unreasonably

lowering its safety level, or allow the sale of a motor vehicle whose

overall level of safety is at least that of a nonexempted vehicle.

However, Pub. L. 105-277 made no corresponding amendments to sections.

30113(b)(3)(B)(i)-(iv) to allow arguments for impact protection in lieu

[[Page 2860]]

of safety arguments (None appears needed for section 30113(b)(3)(B)(i)

whose references to ``the standard'' can now be read to include bumper

standards).

Thus, a literal reading of the amended statute would require us to

find that a bumper standard exemption would make easier the

introduction of a new safety feature, or contribute to low-emission

vehicle development without an adverse effect on safety, or allow the

sale of a vehicle certified to meet all applicable Federal motor

vehicle safety standards which cannot be sold because it does not meet

the bumper standard.

We have reviewed this matter carefully, and have concluded that

Pub. L. 105-277 did not intend that we make safety findings in order to

grant exemptions from the bumper standard. Safety and bumper standards

are issued under different authorities for different purposes. One

purpose is not subservient to the other. In the regulatory sense, the

bumper standards are the co-equals of the safety standards. The new

amendments give us specific authority to exempt a manufacturer from

bumper standards by making the first finding that the exemption is

consistent with chapter 325. It follows from the first finding, that

the second finding should complement the first. We have concluded,

therefore, that Sec. 555.6 should allow arguments that an exemption

would make easier the introduction of a new impact protection feature

that is at least equivalent to a conforming vehicle and, for the same

reason, might facilitate the introduction of a low-emission vehicle.

The section should also allow a finding that the applicant is otherwise

unable to sell a vehicle with an overall level of impact protection at

least equal to that of a nonexempted vehicle. However, we would reserve

the right to balance safety considerations against considerations of

property protection as part of our first finding that an exemption

would be in the public interest. Thus, we would not preclude an

applicant from making safety arguments in its application, but we would

neither require it nor expect it.

Part 581

Under part 581 as amended, the Administrator may provide the three

types of exemptions from the bumper standard that we discussed earlier.

We have already exercised the authority to exempt multipurpose

passenger vehicles under section 32502(c)(1), since the bumper standard

does not apply to this class of vehicle, but we have never exercised

our authority to exempt vehicles on the basis of special use under

section 32502(c)(2). Therefore, we are adding a new section, Sec. 581.8

Exemptions, to establish an application/decision procedure, not only

for applications that may be filed under section 30113 and part 555,

but also for special-use exemptions.

Under the new exemption procedure, a manufacturer of a passenger

motor vehicle to which a bumper standard issued under part 581 applies

may apply to us for rulemaking to exempt a class of passenger motor

vehicles from all or any part of a bumper standard on the basis that

the class of vehicles has been manufactured for a special use and that

compliance with the standard would unreasonably interfere with the

special use of the class of vehicle. A manufacturer may also ask us to

exempt a make or model of passenger motor vehicle on this special-use

basis or in accordance with part 555.

An application filed for exemption on the basis of special use

should contain the preliminary information specified in Sec. 555.5 for

other exemption applications, and data, views, and arguments in support

that the vehicle has been manufactured for a special use and that

compliance with the bumper standard would interfere unreasonably with

the special use of the vehicle. An application filed for exemption on

the bases specified in Part 555 should be filed in accordance with the

requirements of that part. We will process all bumper exemption

applications the same way as we do those for safety exemptions, in

accordance with Sec. 555.7, publishing a notice in the Federal Register

that affords the public an opportunity to comment. The statute is

silent on the length of a special-use exemption, and we will provide no

term for it. However, it will expire when the make and model covered is

no longer produced, or when it has been so modified from its original

design that it can no longer be considered manufactured for the special

use upon which the exemption was based. We may terminate a bumper

standard exemption in the manner set forth for termination of safety

standard exemptions in Secs. 555.8(c) and 555.8(f), and for the reasons

set forth in Sec. 555.8(d). A vehicle exempted from the bumper standard

shall be labeled in accordance with Sec. 555.9. We will make available

to the public information relating to an application in the manner

specified in Sec. 555.10.

We are also revising Sec. 581.4 Definitions to update the statutory

citation of the Motor Vehicle Information and Cost Savings Act.

Effective Date

Because these amendments are technical in nature, implement

statutory amendments, and relieve a restriction upon passenger motor

vehicle manufacturers, it is hereby found that notice and comment are

not necessary, and that the agency may issue a final rule,

incorporating these technical amendments, that is effective upon the

date of publication. The amendments are therefore effective upon

publication in the Federal Register.

Rulemaking Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This rulemaking action was not reviewed under Executive Order

12886. Further, NHTSA has determined that the action is not significant

under Department of Transportation regulatory policies and procedures.

The amendments implement statutory amendments extending the right to

manufacturers of motor vehicles to apply for exemptions from the bumper

standards. NHTSA concludes that the costs of the final rule are so

minimal as not to warrant preparation of a full regulatory evaluation.

The action does not involve any substantial public interest or

controversy. There is no substantial effect upon State and local

governments. There is no substantial impact upon a major transportation

safety program. The amendments may benefit primarily small

manufacturers who require additional time and resources to comply with

the full range of Federal motor vehicle safety and bumper standards, or

manufacturers of any size who may wish to produce a passenger motor

vehicle for a special use and cannot do so because compliance with the

bumper standard interferes unreasonably with that special use.

B. Regulatory Flexibility Act

The agency has also considered the effects of this action in

relation to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I

certify that this action will not have a substantial economic impact

upon a substantial number of small entities.

The following is NHTSA's statement providing the factual basis for

the certification (5 U.S.C. 605(b)). The final rule would primarily

affect motor vehicle manufacturers who cannot comply with 49 CFR part

581 and are thereby prohibited from selling motor vehicles that do not

meet the Federal bumper standards. These manufacturers are small

businesses within the meaning of the Regulatory Flexibility Act, and

[[Page 2861]]

the final rule affords a means by which they may achieve temporary

relief while they achieve compliance with all applicable Federal bumper

and motor vehicle safety standards.

Governmental jurisdictions will not be affected at all since they

are not purchasers of nonconforming motor vehicles.

C. Executive Order 12612 (Federalism)

The agency has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612

``Federalism'' and determined that the action does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

D. National Environmental Policy Act

NHTSA has analyzed this action for purposes of the National

Environmental Policy Act. The action will not have a significant effect

upon the environment because it is anticipated that the annual volume

of motor vehicles manufactured pursuant to exemption from a bumper

standard will not vary significantly from that existing before

promulgation of the rule.

E. Civil Justice

This rule will not have any retroactive effect. Under 49 U.S.C.

32511(a), whenever a Federal passenger motor vehicle bumper standard is

in effect, a state may prescribe or enforce a bumper standard only if

the standard is identical to a standard prescribed under 49 U.S.C.

32502. Section 32503 sets forth a procedure for judicial review of

final rules establishing, amending or revoking Federal passenger motor

vehicle bumper standards. That section does not require submission of a

petition for reconsideration or other administrative proceedings before

parties may file suit in court.

F. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires

agencies to prepare a written assessment of the cost, benefits and

other effects of proposed or final rules that include a Federal mandate

likely to result in the expenditure by State, local, or tribal

governments in the aggregate, or by the private sector, of more than

$100 million annually. Because this final rule will not have a $100

million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR parts 555 and 581

Imports, Motor vehicle safety, Motor vehicles.

PART 555--TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER

STANDARDS

In consideration of the foregoing, 49 CFR part 555 is amended as

follows:

1. The authority citation for part 555 is revised to read as

follows:

Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation

of authority at 49 CFR 1.50.

2. The heading of Part 555 is revised to read as set forth above.

3. Section 555.1 Scope is revised to read as follows:

Sec. 555.1 Scope.

This part establishes requirements for the temporary exemption by

the National Highway Traffic Safety Administration (NHTSA) of certain

motor vehicles from compliance with one or more Federal motor vehicle

safety standards in accordance with 49 U.S.C. 30113, and of certain

passenger motor vehicles from compliance with all or part of a Federal

bumper standard in accordance with 49 U.S.C. 32502.

4. Section 555.2 Purpose is amended by designating the current text

as paragraph (a) and by adding a new paragraph (b) to read as follows:

Sec. 555.2 Purpose.

* * * * *

(b) The purpose of this part is also to provide a means by which

manufacturers of passenger motor vehicles may obtain a temporary

exemption from compliance with all or part of a Federal bumper standard

issued under part 581 of this chapter on a basis similar to that

provided for exemptions from the Federal motor vehicle safety

standards.

5. Section 555.3 Application is revised to read:

Sec. 555.3 Application.

This part applies to manufacturers of motor vehicles and passenger

motor vehicles.

6. Section 555.4 Definitions is amended by adding a definition of

Passenger Motor Vehicle in alphabetical order, between the definition

of Administrator and the definition of United States, to read as

follows:

Sec. 555.4 Definitions.

* * * * *

Passenger motor vehicle means a motor vehicle with motive power

designed to carry not more than 12 individuals, but does not include a

truck not designed primarily to carry its operator or passengers, or a

motorcycle.

* * * * *

6a. The heading to Secs. 555.5 and 555.6, and Secs. 555.5(b)

introductory text, 555.5(b)(5), 555.6(a)(1)(v), 555.7(d) introductury

text, and 555.7(e) are amended by removing ``petition'' and adding in

its place ``application.''

7. Sections 555.5(a) and (b)(7) are revised to read as follows:

Sec. 555.5 Application for exemption.

(a) A manufacturer of motor vehicles or passenger motor vehicles

may apply to NHTSA for a temporary exemption from any Federal motor

vehicle safety or bumper standard or for a renewal of any exemption on

the bases of substantial economic hardship, making easier the

development or field evaluation of new motor vehicle safety or impact

protection, or low-emission vehicle features, or that compliance with a

standard would prevent it from selling a vehicle with an overall level

of safety or impact protection at least equal to that of nonexempted

vehicles.

(b) * * *

(7) Set forth the reasons why the granting of the exemption would

be in the public interest, and, as applicable, consistent with the

objectives of 49 U.S.C. Chapter 301 or Chapter 325.

* * * * *

Sec. 555.6 [Amended]

8. Sections 555.6(b)(5), 555.6(c)(5), 555.6(d)(4), 555.7(b),

555.7(c), 555.8(e), and 555.8(f)(1) are amended by removing ``a

petition'' and adding in its place ``an application.''

9. Sections 555.6(a)(2)(iv) last sentence in parenthesis, 555.6(b)

introductory text, 555.6(b)(1), 555.6(b)(2) introductory text,

555.6(b)(2)(i), 555.6(b)(2)(iii), 555.6(b)(4), 555.6(c)(1), 555.6(c)(2)

introductury text, 555.6(c)(2)(iv), 555.6(d) introductory text,

555.6(d)(1) introductory text, 555.6(d)(1)(ii), 555.6(d)(1)(iv), and

555.6(d)(1)(v) are revised to read as follows:

Sec. 555.6 Basis for application.

(a) If the basis of the application is that compliance with the

standard would cause substantial economic hardship to a manufacturer

that has tried to comply with the standard in good faith, the applicant

shall provide the following information:

* * * * *

(2) * * *

(iv) * * * (49 U.S.C. 30113(d) limits eligibility for exemption on

the basis of economic hardship to manufacturers whose total motor

vehicle production in the year preceding the filing of their

applications does not exceed 10,000.)

(b) If the basis of the application is that the exemption would

make easier the development or field evaluation of a new motor vehicle

safety or impact

[[Page 2862]]

protection features providing a safety or impact protection level at

least equal to that of the standard, the applicant shall provide the

following information:

(1) A description of the safety or impact protection features, and

research, development, and testing documentation establishing the

innovational nature of such features.

(2) An analysis establishing that the level of safety or impact

protection of the feature is equivalent to or exceeds the level of

safety or impact protection established in the standard from which

exemption is sought, including--

(i) A detailed description of how a vehicle equipped with the

safety or impact protection feature differs from one that complies with

the standard;

* * * * *

(iii) The results of tests conducted on the safety or impact

protection features that demonstrates performance which meets or

exceeds the requirements of the standard.

* * * * *

(4) A statement whether, at the end of the exemption period, the

manufacturer intends to conform to the standard, apply for a further

exemption, or petition for rulemaking to amend the standard to

incorporate the safety or impact protection features.

* * * * *

(c) If the basis of the application is that the exemption would

make the development or field evaluation of a low-emission vehicle

easier and would not unreasonably lower the safety or impact protection

level of that vehicle, the applicant shall provide--

(1) Substantiation that the vehicle is a low-emission vehicle as

defined by 49 U.S.C. 30113(a).

(2) Research, development, and testing documentation establishing

that a temporary exemption would not unreasonably degrade the safety or

impact protection of the vehicle, including--

* * * * *

(iv) Reasons why the failure to meet the standard does not

unreasonably degrade the safety or impact protection of the vehicle.

* * * * *

(d) If the basis of the application is that the applicant is

otherwise unable to sell a vehicle whose overall level of safety or

impact protection is at least equal to that of a nonexempted vehicle,

the applicant shall provide--

(1) A detailed analysis of how the vehicle provides the overall

level of safety or impact protection at least equal to that of

nonexempted vehicles, including--

* * * * *

(ii) A detailed description of any safety or impact protection

features that the vehicle offers as standard equipment that are not

required by the Federal motor vehicle safety or bumper standards;

* * * * *

(iv) The results of any tests conducted on the vehicle

demonstrating that its overall level of safety or impact protection

exceeds that which is achieved by conformity to the standards.

(v) Other arguments that the overall level of safety or impact

protection of the vehicle is at least equal to that of nonexempted

vehicles.

* * * * *

10. The heading of Sec. 555.7, and Sec. 555.7(a) are revised to

read as follows:

Sec. 555.7 Processing of applications.

(a) The NHTSA publishes in the Federal Register, affording

opportunity for comment, a notice of each application containing the

information required by this part. However, if the NHTSA finds that an

application does not contain the information required by this part, it

so informs the applicant, pointing out the areas of insufficiency and

stating that the application will not receive further consideration

until the required information is submitted.

* * * * *

11. In section 555.10, the first sentence of paragraph (a) is

revised to read as follows:

Sec. 555.10 Availability for public inspection.

(a) Information relevant to an application under this part,

including the application and supporting data, memoranda of informal

meetings with the applicant or any other interested person, and the

grant or denial of the application, is available for public inspection,

except as specified in paragraph (b) of this section, in Room PL-401

(Docket Management), 400 Seventh Street, SW., Washington, DC 20590. * *

*

PART 581--[AMENDED]

In consideration of the foregoing, 49 CFR part 581 is amended as

follows:

1. The authority citation for part 581 is revised to read as

follows:

Authority: 49 U.S.C. 30113, 32502, Pub. L. 105-277; delegation

of authority at 49 CFR 1.50.

2. The first sentence in Sec. 581.4 Definitions is revised to read

as follows: Sec. 581.4 Definitions.

All terms defined in 49 U.S.C. 32101 are used as defined therein.

* * * * *

3. New Sec. 581.8 Exemptions is added to read:

Sec. 581.8 Exemptions.

A manufacturer of a passenger motor vehicle to which a bumper

standard issued under this part applies may apply to the Administrator:

(a) For rulemaking as provided in part 552 of this chapter to

exempt a class of passenger motor vehicles from all or any part of a

bumper standard issued under this part on the basis that the class of

vehicles has been manufactured for a special use and that compliance

with the standard would unreasonably interfere with the special use of

the class of vehicle; or

(b) To exempt a make or model of passenger motor vehicle on the

basis set forth in paragraph (a) of this section or part 555 of this

chapter.

(c) An application filed for exemption on the basis of paragraph

(a) of this section shall contain the information specified in

Sec. 555.5 of this chapter, and set forth data, views, and arguments in

support that the vehicle has been manufactured for a special use and

that compliance with the bumper standard would interfere unreasonably

with the special use of the vehicle.

(d) An application filed for exemption under part 555 of this

chapter shall be filed in accordance with the requirements of that

part.

(e) The NHTSA shall process exemption applications in accordance

with Sec. 555.7 of this chapter. An exemption granted a manufacturer on

the basis of paragraph (a) of this section is indefinite in length but

expires when the manufacturer ceases production of the exempted

vehicle, or when the exempted vehicle as produced has been so modified

from its original design that the Administrator decides that it is no

longer manufactured for the special use upon which the application for

its exemption was based. The Administrator may terminate an exemption

in the manner set forth in Secs. 555.8(c) and 555.8(f) of this chapter,

and for the reasons set forth in Sec. 555.8(d) of this chapter. An

exempted vehicle shall be labeled in accordance with Sec. 555.9 of this

chapter. Information relating to an application shall be available to

the public in the manner specified in Sec. 555.10 of this chapter.

Issued on January 11, 1999.

Ricardo Martinez,

Administrator.

[FR Doc. 99-933 Filed 1-15-99; 8:45 am]

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