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.

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

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

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

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

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

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

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

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

(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).

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).

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

* * * * *

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:

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

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

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.

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.

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