to consider alternatives that would subject replica vehicles covered
under this program to the vehicle FMVSS or the average fuel economy
standards in 49 U.S.C. 32902. Therefore, NHTSA is precluded from
considering the environmental and safety impacts of those aspects of
the replica vehicle exemption program in its rulemaking and is not
required to address them in its Environmental Assessment.\39\
---------------------------------------------------------------------------

    \38\ 42 U.S.C. 4332(2)(C).
    \39\ See 40 CFR 1501.1(a)(5).
---------------------------------------------------------------------------

    When a Federal agency prepares an environmental assessment, the
Council on Environmental Quality (CEQ) NEPA implementing regulations
(40 CFR parts 1500-1508) require it to ``[b]riefly discuss the purpose
and need for the proposed action, alternatives [. . .], and the
environmental impacts of the proposed action and alternatives, and
include a listing of agencies and persons consulted.'' \40\ This
section serves as the agency's Final Environmental Assessment (Final
EA) for those aspects of the program for which NHTSA may exercise
discretion.
---------------------------------------------------------------------------

    \40\ 40 CFR 1501.5(c)(2). The Draft Environmental Assessment
(Draft EA) included as part of the NPRM quoted from and cited to the
CEQ NEPA implementing regulations prior to their revision earlier
this year. 85 FR 43304 (Jul. 16, 2020) (eff. Sep. 14, 2020).
Citations and references to the CEQ NEPA implementing regulations
have been updated as appropriate to reflect these revisions.
---------------------------------------------------------------------------

    This document sets forth the purpose of and need for this action.
The purpose of this rulemaking is to implement the exemption program
and the procedural mandates described in Section 24405 of the FAST Act,
which directs NHTSA to exempt annually a limited number of replica
motor vehicles manufactured or imported by low-volume manufacturers
from the FMVSS that apply to motor vehicles, but not standards that
apply to motor vehicle equipment. In addition, replica vehicles are
exempt from the requirements of 49 U.S.C. 32304, 32502, and 32902, as
well as from section 3 of the Automobile Information Disclosure Act (15
U.S.C. 1232). This action is needed to implement a program to grant the
exemptions directed by the FAST Act for the manufacture of replica
vehicles. NHTSA is also establishing labeling, consumer disclosure, and
registration requirements to ensure adequate public awareness of and
agency oversight over these vehicles.
    The labeling, registration, and other procedural requirements of
this final rule are not anticipated to have anything other than de
minimis environmental impacts. These aspects of the program are largely
ministerial in nature for replica vehicle manufacturers and importers
and are not likely to change sales volumes. Any environmental impacts
that could occur as a result of the manufacture or operation of these
motor vehicles will occur as a function of the statute requiring
exemption from the applicable FMVSS and average fuel economy standards,
and NHTSA does not have sufficient discretion to alter these impacts
meaningfully. Further, NHTSA assumes that only 40 low-volume
manufacturers will produce between 4,000 and 8,000 replica vehicles
annually, and the vehicles are expected to be driven, on average, no
more than 2,280 miles per year. With regard to all aspects of the
replica vehicle exemption program (including the exemption from the
FMVSS and average fuel economy standards), these vehicles represent an
extremely small fraction of overall motor vehicle sales and on-road
vehicle miles traveled that will be disbursed throughout the country.
As a result, they are unlikely to cause environmental impacts that
could rise to any level of significance.
    NHTSA invited public comments on the contents and tentative
conclusions of the Draft EA. No public comments addressing the Draft EA
were received. Furthermore, none of the public comments that were
received addressed any issues related to the human environment that
would be relevant to the Final EA.
    Based on the foregoing, NHTSA concludes that the final rule will
have only a de minimis impact on the quality of the human environment.
Based on the Final EA, NHTSA concludes that implementation of any of
the alternatives considered in this notice, including the final
regulations, will not have a significant effect on the human
environment and that a ``finding of no significant impact'' is
appropriate. This statement constitutes the agency's ``finding of no
significant impact,'' and an environmental impact statement will not be
prepared.\41\
---------------------------------------------------------------------------

    \41\ 40 CFR 1501.6(a).
---------------------------------------------------------------------------

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish an NPRM or
final rule, generally it must prepare and make available for public
comment a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small governmental

jurisdictions). The Small Business Administration's regulations at 13
CFR part 121 define a small business, in part, as a business entity
``which operates primarily within the United States.'' (13 CFR
121.105(a)). A regulatory flexibility analysis is not required if the
head of the agency certifies that the action would not have a
significant economic impact on a substantial number of small entities.
The Regulatory Flexibility Act requires Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
    In compliance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this final rule on small entities and has
prepared a Final Regulatory Flexibility Analysis (FRFA).
    This final rule will impact small entities that are low-volume
manufacturers that choose to produce replica vehicles.\42\ A small
entity falls under North American Industry Classification System
(NAICS) Nos. 336111, 336112, and 336120 for Automobile Manufacturing,
Light Truck and Utility Vehicle Manufacturing, and Heavy Duty Truck
Manufacturing. Pursuant to 13 CFR 121.201, which establishes size
standards regulations to define small businesses, entities in these
industries with 1,500 or fewer employees are considered small business
concerns. NHTSA expects that most, if not all, replica manufacturers
will have 1,500 or fewer employees. NHTSA estimates that up to 40 small
manufacturers will want to register as low-volume manufacturers of
replica vehicles, but that about 10 would be foreign replica
manufacturers.\43\ Since the Small Business Administration's
regulations limit Regulatory Flexibility Act applicability to small
businesses that operate primarily within the United States, foreign
manufacturers that would participate in the replica vehicle program are
not covered by the Act.\44\ Therefore, for purposes of the FRFA, this
final rule is expected to impact 30 small entities.
---------------------------------------------------------------------------

    \42\ The FAST Act amended the Safety Act (49 U.S.C. 30114(7)(A))
to define ``low-volume manufacturer'' as ``a motor vehicle
manufacturer, other than a person who is registered as an importer
under section 30141 of this title, whose annual worldwide
production, including by a parent or subsidiary of the manufacturer,
if applicable, is not more than 5,000 motor vehicles.''
    \43\ This assumption is based on the percent of all passenger
cars sold in the US but are manufactured outside the US. Between
January and August 2018, 76.1% of vehicles sold in the U.S. were
produced domestically and 23.9% were imported. ``U.S. light-vehicle
sales by nameplate, August & 8 months.'' Automotive News. September
10, 2018, pp. 56-7.
    \44\ 13 CFR 121.105(a).
---------------------------------------------------------------------------

    Until the FAST Act was enacted, all low-volume manufacturers of
replica vehicles were subject to virtually the same Safety Act
requirements as the largest manufacturers when producing new motor
vehicles. Generally, in FMVSS rulemaking, small manufacturers are given
more lead time to comply with new FMVSS requirements, such as by having
longer lead times or phase-in timelines to comply with new
requirements,\45\ and they can also petition for exemptions from
certain FMVSS for limited periods of time on certain specific
grounds.\46\ However, notwithstanding the flexibility regarding
compliance dates and limited-period exemptions, until the FAST Act,
low-volume manufacturers of replica vehicles had the same
responsibilities as larger manufacturers to certify their vehicles as
complying with all applicable FMVSS. These FMVSS comprise standards
applying to ``equipment'' and standards applying to the ``vehicle'' as
a unit.
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    \45\ 49 CFR 571.8(b). Unless contrary to statute or NHTSA
expressly determines otherwise, intermediate and final-stage
manufacturers and alterers are provided an additional year to meet a
standard or an amendment to a standard.
    \46\ Pursuant to 49 CFR part 555, a manufacturer may petition
for a temporary exemption on the bases of substantial economic
hardship, making easier the development or field evaluation of new
motor vehicle safety or impact protection, or low-emission vehicle
features, or that compliance with a standard would prevent it from
selling a vehicle with an overall level of safety or impact
protection at least equal to that of nonexempted vehicles.
---------------------------------------------------------------------------

    The FAST Act allows registered replica vehicle manufacturers to
manufacture vehicles that are exempt from meeting the ``vehicle''
FMVSS. NHTSA estimates that involvement in the part 586 exemption
program will save low-volume manufacturers of replica passenger cars
and light trucks, MPVs, and buses (LTVs) between $3.4 million and $17.2
million at a three-percent discount rate (between $3.3 million and
$16.8 million at a seven-percent discount rate) annually resulting from
the elimination of the requirement to comply with the vehicle FMVSS,
fuel economy standards, bumper standards, and labeling
requirements.\47\ This means that each replica vehicle manufacture
will, on average, experience 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.\48\ NHTSA
expects this cost savings to have a significant positive economic
impact on the 30 regulated small entities.
---------------------------------------------------------------------------

    \47\ Additional detail on these estimates is provided in the
Final Regulatory Evaluation.
    \48\ NHTSA divided the total cost savings by 40 because these
estimates are based on NHTSA's assumption that there will be a total
of 40 replica manufacturers producing, on average, 200 vehicles per
year. In addition to the 30 replica manufacturers that NHTSA expects
to be considered small businesses by SBA, the total cost savings
also include savings to an estimated 10 replica manufacturers that
would be manufacturers not operating primarily in the U.S.
---------------------------------------------------------------------------

    According to guidance provided by the SBA's Office of Advocacy, to
determine whether the number of small entities significantly impacted
is substantial, an agency may need to look not only at the number of
significantly impacted entities, but also at the percentage of affected
small entities so impacted.\49\ Since the rule is expected to
significantly economically impact 100 percent of the 30 regulated small
entities, this would be a substantial number. Therefore, the replica
vehicle program is expected to significantly economically affect a
substantial number of small entities. Accordingly, NHTSA has prepared
this Final Regulatory Flexibility Act analysis.
---------------------------------------------------------------------------

    \49\ U.S. Small Business Administration Office of Advocacy, A
Guide for Government Agencies: How to Comply with the Regulatory
Flexibility Act, 21-22 (August 2017), available at https://www.sba.gov/sites/default/files/advocacy/How-to-Comply-with-the-RFA-WEB.pdf (last accessed Oct. 15, 2018).
---------------------------------------------------------------------------

Overview of the Objectives of and Legal Basis for the Final Rule
    NHTSA is issuing this final rule to implement an exemption mandated
under the National Traffic and Motor Vehicle Safety Act (Safety Act)
(49 U.S.C. 30114(b)), as amended by the Fixing America's Surface
Transportation Act (the FAST Act). Section 30114(b) directs NHTSA, by
delegation, to exempt not more than 325 replica motor vehicles per year
that are manufactured or imported by a low-volume manufacturer. The
exemption is limited to the FMVSS applicable to motor vehicles, not
motor vehicle equipment. The Safety Act, as amended, requires that, to
qualify for an exemption, the low-volume manufacturer must ``register
with [NHTSA] at such time, in such manner, and under such terms that
[NHTSA] determines appropriate'' (49 U.S.C. 30114(b)(2)), and that
NHTSA require certain labeling and reporting requirements (49 U.S.C.
30114(b)(3)).
    NHTSA is issuing this final rule to establish 49 CFR part 586 to
implement the replica motor vehicle exemption.\50\ Part 586 establishes
the requirements and procedures for the registration of low-volume
manufacturers as replica motor vehicle manufacturers and

establishes the duties of the manufacturers.
---------------------------------------------------------------------------

    \50\ The FAST Act replica motor vehicle provision is not self-
executing. That is, the Secretary must take steps to implement it.
---------------------------------------------------------------------------

Description and Estimate of the Number of Small Entities to Which the
Rule Will Apply; Compliance Impacts
    This final rule will affect manufacturers who have a total annual
worldwide production of 5,000 vehicles or less who wish to produce
replica vehicles. According to 13 CFR 121.201, the Small Business
Administration's size standards regulations used to define small
business concerns, vehicle manufacturers would fall under North
American Industry Classification (NAICS) No. 336111, Automobile
Manufacturing, which has a size standard of 1,500 employees. Using the
size of 1,500 employees or fewer, NHTSA estimates that most, if not
all, of the manufacturers that will seek to produce replica vehicles
will be small businesses. NHTSA estimates that there will be
approximately 40 manufacturers (30 operating primarily in the U.S.)
that will qualify for and will participate in the replica vehicle
exemption program.
    Although this final rule will significantly affect small
manufacturers, we do not anticipate that it will have a negative
economic impact. Instead, this final rule will reduce compliance costs
for the small businesses that produce replica vehicles under the
exemption program. NHTSA estimates that manufacturers will save between
$3.4 million and $17.2 million at a three-percent discount rate
(between $3.3 million and $16.8 million at a seven-percent discount
rate) annually. The cost savings result from low-volume manufacturers
no longer having to conform their vehicles to the ``vehicle'' FMVSS.
A Description of the Projected Reporting, Record Keeping and Other
Compliance Requirements of the Rule, Including an Estimate of the
Classes of Small Entities Which Will Be Subject to the Requirement and
the Type of Professional Skills Necessary for Preparation of the Report
or Record
    The final rule contains reporting, record keeping and other
compliance requirements to implement the replica vehicle program. All
the reporting and record keeping requirements discussed below are
mandated or contemplated by the FAST Act or are necessary 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 part 586. The FAST Act mandates this registration
requirement in Sec.  30114(b)(1)(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
estimates that it would take each manufacturer 10 hours to draft and
compile the submission. At an estimated cost of $59.75 per hour,\51\
this burden would cost each manufacturer $597.50 one time for each
original vehicle the manufacturer seeks to replicate.
---------------------------------------------------------------------------

    \51\ The hourly wage is estimated to be $42.30 per hour.
National Industry-Specific Occupational Employment and Wage
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2020,
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last
accessed October 12, 2021. The Bureau of Labor Statistics estimates
that wages represent 70.8 percent of total compensation to private
workers, on average. Bureau of Labor Statistics (2021). Employer
Costs for Employee Compensation--September 2021. https://www.bls.gov/news.release/archives/ecec_12162021.pdf, last accessed
January 6, 2021. Therefore, NHTSA estimates the total hourly
compensation cost to be $59.75.
---------------------------------------------------------------------------

    Second, in accordance with the FAST Act, manufacturers of replica
vehicles are required to submit annual reports. The annual reports are
required by Sec.  30114(b)(1)(C), which 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 Sec.  30114(b)(3)(A) (described below). The final rule
requires that the annual report be submitted online. In lieu of a
requirement that registrants renew their registrations, the final rule
only requires registrants to report to NHTSA if they will be producing
the same replica motor vehicles the following calendar year. NHTSA
estimates that compiling and submitting the annual report will take two
hours and involve primarily administrative skills. NHTSA estimates that
labor to compile the report will cost $59.75 per hour, for a total cost
to compile the report of $119.50.\52\
---------------------------------------------------------------------------

    \52\ The hourly wage is estimated to be $42.30 per hour.
National Industry-Specific Occupational Employment and Wage
Estimates NAICS 336100--Motor Vehicle Manufacturing, May 2020,
https://www.bls.gov/oes/current/naics4_336100.htm#47-0000, last
accessed October 12, 2021. The Bureau of Labor Statistics estimates
that wages represent 70.8 percent of total compensation to private
workers, on average. Bureau of Labor Statistics (2021). Employer
Costs for Employee Compensation--September 2021. https://www.bls.gov/news.release/archives/ecec_12162021.pdf, last accessed
January 6, 2021. Therefore, NHTSA estimates the total hourly
compensation cost to be $59.75.
---------------------------------------------------------------------------

    Third, in accordance with the FAST Act, the final rule requires the
registrants to disclose information to consumers. Because the replica
vehicles would be exempt from complying with current FMVSS, it is
important that the consumer understand the reduced level of safety
provided by the vehicle. Pursuant to Sec.  30114(b)(3)(A), the final
rule requires 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. Pursuant to Sec.
30114(b)(3)(B), the final rule requires registrants to provide written
notice of the exemption to the dealer and the first purchaser of the
vehicle for purposes other than resale by affixing a temporary label to
each vehicle. NHTSA estimates that the permanent labels would cost $1
per vehicle and the temporary labels would cost $1 per vehicle. If each
manufacturer produces 200 vehicles, the total cost per manufacturer
would be $400 for both the permanent labels 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 that duplicate, overlap,
or conflict with this final rule.
A Description of Any Significant Alternatives to the 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 regulatory approaches. However, for the purpose of
evaluating regulatory alternatives under the requirements of the
Regulatory Flexibility Act, NHTSA considered alternatives to lessen the
economic impact of the final rule on small entities.
    First, NHTSA decided against requiring that replica motor vehicles
resemble not only the original vehicle's exterior, but also its
interior (as proposed in the NPRM). NHTSA has not quantified the impact
of this approach in the final rule but has concluded that it would
decrease the burden on small entities.
    Second, NHTSA proposed to require registrants 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. In this final rule, NHTSA decided to provide a 10
percent leeway in the dimensions. NHTSA believes the rule strikes an
appropriate balance between ensuring that the program is

limited to vehicles that resemble previously-made vehicles, while not
unduly burdening low-volume manufacturers. The 10 percent margin also
allows more flexibility to manufacturers to incorporate modern
amenities and safety features in the interior.
    Third, this final rule does not require applicants to submit actual
documentation to demonstrate they own or have license to the
intellectual property (IP) necessary to manufacture a replica motor
vehicle. Instead, they simply must certify to this fact.
    Fourth, this final rule reduces the amount of information replica
manufacturers must disclose to members of the public, compared to the
NPRM's proposal.
    Accordingly, NHTSA has concluded this final rule minimizes burdens
on small entities to the extent consistent with the Safety Act, the
FAST Act, and the Regulatory Flexibility Act, and that there are no
further reasonable alternative approaches that would further minimize
burden on small entities.

E.O. 13132 (Federalism)

    NHTSA has examined this final rule pursuant to E.O. 13132 (64 FR
43255, August 10, 1999) and concludes that no additional consultation
with States, local governments or their representatives is mandated
beyond the rulemaking process. The agency has concluded that the
rulemaking will not have sufficient federalism implications to warrant
consultation with State and local officials or the preparation of a
federalism summary impact statement. This final rule makes no
determination regarding the preemptive effect of the exemption program
for replica motor vehicles manufactured or imported by low-volume
manufacturers.
    The FAST Act provision directing NHTSA to allow registered low-
volume manufacturers to produce replica vehicles contains two unique
provisions that have preemption implications.\53\ Although the agency
did not explicitly request comment on its characterizations of these
provisions in the NPRM, NHTSA received comments on the second
provision.
---------------------------------------------------------------------------

    \53\ NHTSA does not believe regulation is necessary to implement
those provisions.
---------------------------------------------------------------------------

    The first preemption issue is implicated by 49 U.S.C. 30114(b)(6),
which 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 such 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 directive is
set forth in the FAST Act and NHTSA has not interpreted it. Therefore,
this final rule has no effect on that directive. The agency received no
comments on this issue.
    NHTSA received five comments related to the second preemption
issue--its interpretation of the FAST Act provision. This provision
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.'' \54\ In the NPRM, NHTSA interpreted this provision to
mean that NHTSA's requirements for replica motor vehicles are intended
to be minimum safety requirements only, and that States would be
permitted to have their own replica motor vehicle safety standards for
vehicles titled or registered in their State.\55\ That is, the agency
interpreted the provision to mean that ``nothing'' about the program
would preempt ``any State titling or registration law or regulation,''
even if those laws concerned the safety performance of the vehicle. All
comments addressing this issue disagreed with the agency's
interpretation of this provision, although NHTSA did not explicitly
request comment on this issue and did not receive comment from any
State or organization representing States.
---------------------------------------------------------------------------

    \54\ 49 U.S.C. 30114(b)(9).
    \55\ 85 FR 809.
---------------------------------------------------------------------------

    The comments on this issue, submitted by the Specialty Equipment
Market Association (SEMA), Vehicle Services Consulting, Inc. (VSCI),
the National Automobile Dealers Association (NADA), Edelbrock LLC, and
Morgan Motor Company, are largely consistent in their views.\56\ Each
takes the position that the FAST Act creates an exemption from the
FMVSS for covered replica vehicles and that the NPRM incorrectly
interpreted the proposed rule as creating a minimum standard for
replica vehicles. An exemption, the commenters contend, preempts State
statutes and common law tort obligations for the covered vehicles;
therefore, due to the exemption, States may not create safety standards
for replica vehicles through their titling and registration laws.
Interpreting the FAST Act otherwise, they argue, would frustrate
Congress's intent to provide compliance relief for replica vehicle
manufacturers.
---------------------------------------------------------------------------

    \56\ See Docket No. NHTSA-2019-0121-0016; NHTSA-2019-0121-0011;
NHTSA-2019-0121-0024; NHTSA-2019-0121-0023; NHTSA-2019-0121-0013.
---------------------------------------------------------------------------

    After consideration of the comments, NHTSA concurs that Section
24405 of the FAST Act directs the creation of an annual exemption for
certain replica motor vehicles from the FMVSS, and that this rule
establishes the eligibility criteria for that exemption. Neither the
statute nor the rule speaks to whether or not an exemption establishes
a minimum safety requirement for these vehicles, and NHTSA does not
believe it is necessary provide its view on this issue here. However,
though the agency has changed its view regarding whether this rule
constitutes a minimum standard, the agency is refraining from making a
determination on the preemptive effect of this exemption, the operation
of which is governed by the statutory language rather than NHTSA's
action in this rulemaking. Accordingly, any necessary preemption
determinations are reachable even in the absence of an express agency
view on this general issue as they remain adjudicable on a case-by-case
basis, such as in the context of a judicial proceeding.
    After consideration of the comments, and with the benefit of the
additional time that has passed since the circulation of a prior
unpublished final rule, NHTSA now rescinds its interpretation of the
preemptive effect of this exemption program, including its prior
characterization of the replica exemption as a minimum requirement and
its later reflections in the unpublished final rule.\57\ The FAST Act
contains an express provision that addresses preemption at 49 U.S.C.
30114(b)(9), and the agency's views on the preemptive effect of the
replica exemption are not essential to the execution of the exemption
program. Therefore, it is unnecessary in this rulemaking for the agency
to interpret the preemptive effect of this exemption.
---------------------------------------------------------------------------

    \57\ This rulemaking creates a new exemption program for replica
motor vehicles. Therefore, there are no serious reliance interests
implicated by NHTSA's decision not to express a view on this issue.
---------------------------------------------------------------------------

    Under E.O. 13132,\58\ an agency may not promulgate a regulation
that preempts State law, unless the agency complies with certain
requirements. Those requirements, however, do not apply to the present
regulation as the agency did not make any preemption determination.
This final rule contains

no regulatory text or interpretation on preemption.
---------------------------------------------------------------------------

    \58\ 64 FR 43255, August 10, 1999.
---------------------------------------------------------------------------

    As noted above, Section 24405 of the FAST Act directs NHTSA by
delegation to create an annual exemption for certain replica motor
vehicles from the FMVSS applicable to motor vehicles. NHTSA concludes
that no additional consultation with States, local governments, or
their representatives is mandated beyond the rulemaking process.

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 that the preemptive effect of
this rule is discussed above in connection with E.O. 13132. NHTSA has
also considered whether this rulemaking would have any retroactive
effect, and concludes that it does not. 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.

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 did not find any voluntary consensus standards that
would apply to this rule.

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 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 were
forwarded to the Office of Management and Budget (OMB) for review and
comment when the NPRM was published. As OMB deferred review while NHTSA
reviewed the comments to the NPRM, NHTSA has resubmitted the ICR for
this final rule.
    OMB has tentatively assigned the following control numbers.
Approval of the control numbers are subject to OMB's review of NHTSA's
ICR addressing public comments on the NPRM.
    a. OMB Control No: 2127-0043, Title: Manufacturer Identification--
49 CFR part 566;
    b. OMB Control No: 2127-0510, Title: Consolidated Labeling
Requirements for 49 CFR parts 565 and 567;
    c. OMB Control No: 2127-0746, Title: 49 CFR part 586, Replica Motor
Vehicles.
    NHTSA's ICR describes the nature of the information collections and
their expected burden. As described in the NPRM, the FAST Act mandated
many registration, labeling and reporting requirements. This final rule
establishes new collection of information requirements to implement
those FAST Act provisions, requiring 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 final rule also makes changes to existing information
collections for manufacturer identification, VIN requirements, and
certification labeling. NHTSA has submitted supporting statements to

OMB explaining how the final rule's collections of information respond
to the comments received from the public. None of the changes made in
this final rule affect the estimates in the NPRM of these requirements.

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 send them to
the NHTSA officials listed in the ``For Further Information'' section
at the beginning of this document.

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.

List of Subjects

49 CFR Part 565

    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

    Motor vehicle safety, Reporting and recordkeeping requirements,
Labeling, Replica motor vehicles.

    In consideration of the foregoing, NHTSA amends 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 1--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:

Sec.  565.15  Content requirements

    (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's type classification (e.g., if the replica meets the
definition for passenger car in 49 CFR 571.3, the following information
is required: make, line, series, body type, engine type, and all
restraint devices and their locations).
* * * * *

0
4. In Sec.  565.26, revise paragraph (d), as follows:

Sec.  565.26  Reporting requirements.

* * * * *
    (d) The information required under paragraph (c) of this section
shall be submitted 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. The
information shall be submitted to https://vpic.nhtsa.dot.gov/ or to:
Administrator, National Highway Traffic Safety Administration, ATTN:
VIN Coordinator, 1200 New Jersey Avenue SE, Washington, DC 20590.
Manufacturers of replica motor vehicles shall furnish the information
by using the portal at https://vpic.nhtsa.dot.gov/.

PART 566--MANUFACTURER IDENTIFICATION

0
5. The authority citation for part 566 is revised to read as follows:

    Authority:  National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30114(b), 30166) and Sec. 24405(a) of the Fixing America's
Surface Transportation Act (Pub. L. 114-94); delegation of authority
at 49 CFR 1.95.

0
6. 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 a motor vehicle (other than a replica motor
vehicle), and each manufacturer of covered equipment, shall furnish the
information specified in paragraphs (a) through (c) of this section to
https://vpic.nhtsa.dot.gov/ or to: Administrator, National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590. Manufacturers of replica motor vehicles shall furnish the
information by using the portal 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
7. 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
8. 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 them 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
9. 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
10. 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 and vehicles manufactured in two or more stages) shall affix
to each vehicle a label, of the type and in the manner described below,
containing the statements specified in paragraph (g) of this section.
* * * * *

0
11. Add Sec.  567.8 to read as follows:
* * * * *

Sec.  567.8  Requirements for manufacturers of replica motor vehicles.

    (a) Each manufacturer of a replica motor vehicle shall affix to
each vehicle a label, of the type and in the manner described below,
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, 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: Except as provided in paragraphs
(e)(1)(i) and (ii) of this section, 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.
    (i) 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.
    (C) First intermediate to rear--9,070 kg (20,000 lb.) with 295/
75R22.5(G) tires.
    (ii) [Reserved].
    (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) Either:
    (i) The 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)]: [insert a list of all standards from which the
vehicle exempt pursuant to 49 U.S.C. 30114(b)].'' (The expression
``U.S.'' or ``U.S.A.'' may be inserted before the word ``Federal.'');
or
    (ii) The statement: ``This replica motor vehicle is exempt from the
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)]
that are listed on the label found in [insert location of label listing
standards from which the vehicle is exempt under 49 U.S.C. 30114(b)]'';
and
    (7) Vehicle identification number.
    (f) If the label required under paragraph (a) includes the
statement found in paragraph (e)(6)(ii) of this section, the
manufacturer must affix to the replica motor vehicle a second label
that meets the following criteria:
    (1) The label shall be riveted or permanently affixed to the
vehicle in such a manner that it cannot be removed without destroying
or defacing it;
    (2) The label shall be affixed to the location identified in
paragraph (e)(6)(ii).
    (3) The lettering on the label shall be of a color that contrasts
with the background of the label.
    (4) The label shall contain the following statements, in the
English language, lettered in block capitals and numerals not less than
three thirty-seconds of an inch high: ``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)]: [insert a list of all standards
for which the vehicle is exempt pursuant to 49 U.S.C. 30114(b)].''

0
12. 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 Processing of registrations.
586.8 Incomplete registrations.
586.9 Deemed approved registrations.
586.10 Updating existing registrations.
586.11 Temporary label.
586.12 Annual report.
586.13 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.

Sec.  586.2  Purpose.

    The purpose of this part is to implement 49 U.S.C. 30114(b) to
exempt not more than 325 replica motor vehicles per year that are
manufactured or imported by low-volume manufacturers from certain
requirements for motor vehicles. This part specifies eligibility
requirements for low-volume manufacturers to qualify for the exemption.
They must register with NHTSA as a replica motor vehicle manufacturer
according to procedures for the registration of such manufacturers,
meet content and format requirements for registration submissions, and
meet requirements for updating registrations. This part also provides
for the revocation of registrations and sets forth labeling, reporting,
and other requirements. 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 means a motor vehicle manufacturer, other
than a person who is registered as an importer under 49 U.S.C. 30141,
whose annual worldwide production, including by a parent or subsidiary
of the manufacturer, if applicable, is not more than 5,000 vehicles.
    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 means a motor vehicle that--
    (1) Is produced by a manufacturer meeting the definition of replica
motor vehicle manufacturer under part 586 that has not manufactured 325
replica motor vehicles in the current calendar year;
    (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;
    (3) Is manufactured in a single stage; and
    (4) 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.
    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.

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 any by a parent or subsidiary of the manufacturer, 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 motor vehicles and share common ownership with a
registered replica motor vehicle manufacturer, it may only do so after
the registered replica vehicle manufacturer submits an updated
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
Sec.  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, including requirements in 49 CFR
part 567, applicable to motor vehicle manufacturers, except:
    (1) 49 U.S.C. 30112(a) regarding the Federal motor vehicle safety
standards applicable to vehicles (as opposed to standards applicable to
motor vehicle equipment) 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;
    (2) Not manufacture more than 325 replica motor vehicles in a
calendar year; and,
    (3) Meet 49 U.S.C. 30112(a) regarding the Federal motor vehicle
safety standards applicable to equipment items installed on the
vehicle.
    (e) Each replica motor vehicle, as manufactured, shall 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 any
by a parent or subsidiary of the manufacturer, is not more than 5,000
motor vehicles;
    (3) The manufacturer has submitted manufacturer identification
information pursuant to part 566.
    (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
any by a parent or subsidiary of the manufacturer, 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 will 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 motor vehicle will have a
height, width, and length within 10 percent of the original motor
vehicle and,
    (v) If the replica motor vehicle deviates from the height, width,
or length of the original motor vehicle by more than 10 percent, an
explanation of why such deviations were necessary.
    (4) A certification that the manufacturer has determined the
intellectual property rights required, and that the manufacturer has
obtained all licenses and permissions necessary to legally produce the
replica motor vehicle described in the application, or is the owner of
such intellectual property.
    (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 to identify itself to
NHTSA as a motor vehicle manufacturer.
    (c) A manufacturer is not considered registered under this part 586
unless:
    (1) The registration is approved; or,
    (2) The registration is deemed approved under Sec.  586.9.
    (d) A replica motor vehicle manufacturer 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 replica vehicles to which an
approved registration applies.

Sec.  586.7  Processing of registrations.

    Upon receipt of a registration submitted on vPIC, NHTSA will
automatically notify the registrant by email within 90 days of the
receipt whether the registration is approved,

denied, or incomplete. This notification will be sent to the email
address provided in the manufacturer's original submission. If an
application is approved, the registrant's name will automatically be
added to the list of approved registrants on NHTSA's website. NHTSA
will deny a registration if:
    (a) NHTSA determines that the registrant does not meet the
requirements of this part 586;
    (b) The registration is incomplete, and the registrant has failed
to provide the missing information within 60 days after being notified
by NHTSA pursuant to 586.8; or,
    (c) The registration relies on the same facts and circumstances as
a previously denied registration.

Sec.  586.8  Incomplete registrations.

    (a) If NHTSA determines that a submission is incomplete, NHTSA will
notify the registrant, by email, within 90 days, that there is missing
information. The registrant shall have 60 days to submit the missing
information. This notification will be sent to the email address
provided in the manufacturer's original submission.
    (b) If NHTSA receives the missing information within 60 days of
notifying the registrant that its submission is incomplete, NHTSA will
approve or deny the registration within a period of time equivalent to
the number of days that were remaining in the original 90-day period at
the time NHTSA sent the notification, plus an additional 30 days.
    (c) If a registrant does not respond to NHTSA's notification that
its submission is incomplete within 60 days, or the registrant responds
within 60 days but the additional information submitted is not
sufficient to complete the registration, the registration may be
denied.

Sec.  586.9  Deemed approved registrations.

    (a) If NHTSA does not act on a registration within 90 days of
NHTSA's receipt of the submission, NHTSA will notify a registrant by
email on or after the 90th day that the registration has been deemed
approved. Registrants that have been deemed approved will be included
on NHTSA's list of approved replica motor vehicle manufacturers.
    (b) A manufacturer that has not received an email notification from
NHTSA about NHTSA's decision on the application following 90 days from
submission of the registration should contact NHTSA's Manufacturers
Helpdesk to determine the status of its registration (Email:
[email protected]; Telephone: 1-888-399-3277). Manufacturers may
also contact the helpdesk for information about the status of their
registrations at any time, or may themselves check the status using the
key provided them when they submitted their registration application. A
manufacturer that has not received an email confirmation from NHTSA
that its registration has been deemed approved may be subject to
enforcement action by NHTSA for violating 49 U.S.C. 30112(a) if NHTSA
finds that the registration was incomplete or denied, and that an email
notification had been sent to the email address provided in the
manufacturer's submission.
    (c) If NHTSA determines that a registration that had been deemed
approved is incomplete or fails to meet the requirements for
registrants in this part 586, 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 that it meets the requirements of
this part 586, NHTSA may revoke the registration.

Sec.  586.10  Updating existing registrations.

    A registered replica manufacturer shall submit updated registration
information prior to commencing manufacture 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 by NHTSA or is deemed approved.

Sec.  586.11  Temporary label.

    Each replica motor vehicle shall have a temporary label attached to
a location on the dashboard or the steering wheel hub that is clearly
visible from all front seating positions. 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 for a list of the standards
from which this replica motor vehicle is exempt.''
    (3) The message area shall be not 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 one (1) 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) Year to which the report applies (reporting year).
    (d) The complete Vehicle Identification Number (VIN) of each
replica vehicle manufactured.
    (e) Vehicle make(s) and model(s).
    (f) Replica model year.
    (g) Original model year of the replicated vehicle(s).
    (h) Total number of replica motor vehicles manufactured during the
reporting year.
    (i) Images of the front, rear, roof, and side views of the original
vehicle(s) replicated, of the vehicle's exterior, and images of the
same views of a representative replica manufactured to resemble each
original vehicle. Submit also information sufficient to establish that
the replica motor vehicle, as manufactured, resembles the body of the
original vehicle.
    (j) State whether the replica vehicles contain any of the following
vehicle safety features: Front or side air bags; lap or lap and
shoulder belts; advanced safety systems/passive safety systems (listed
with locations); electronic stability control; rear visibility camera
system; ejection mitigation.
    (k) If the registrant will be manufacturing the same replica motor
vehicle(s) in the next calendar year, a notification to NHTSA of which
replica motor vehicle(s) will be produced, and a certification that the
registrant will produce no more than 325 replica motor vehicles in
total. 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 related to
compliance with the requirements of this part at any time. 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.

PART 591--IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL
SAFETY, BUMPER AND THEFT PREVENTION STANDARDS

0
13. The authority citation for part 591 continues to read as follows:

    Authority:  Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.95.

0
14. Amend Sec.  591.5 by revising paragraph (b) to read as follows:

Sec.  591.5  Declarations required for importation.

* * * * *
    (b) The vehicle or equipment item conforms with all applicable
safety standards (or the vehicle does not conform solely because
readily attachable equipment items which will be attached to it before
it is offered for sale to the first purchases for purposes other than
resale are not attached), and bumper and theft prevention standards,
and bears a certification label or tag to that effect permanently
affixed by the original manufacturer to the vehicle, or by the
manufacturer to the equipment item or its delivery container, in
accordance with, as applicable, parts 541, 555, 567, 568, and 581, or
571 (for certain equipment items) of this chapter, or the vehicle is a
replica motor vehicle eligible for an exemption under part 586 and is
being imported by a low-volume manufacturer, as defined at 49 CFR
586.4.
* * * * *

    Issued under authority delegated in 49 CFR part 1.95 and 49 CFR
501.4.
Steven S. Cliff,
Deputy Administrator.
[FR Doc. 2022-04030 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Page 91971]
[FR Doc No: 2016-30371]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 102, SEC File No. 270-409, OMB Control No. 3235-0467.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 102 of Regulation M (17
CFR 242.102), under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    Rule 102--Activities by Issuers and Selling Security Holders During
a Distribution--prohibits distribution participants, issuers, and
selling security holders from purchasing activities at specified times
during a distribution of securities. Persons otherwise covered by these
rules may seek to use several applicable exceptions such as exclusion
for actively traded reference securities and the maintenance of
policies regarding information barriers between their affiliates.
    There are approximately 998 respondents per year that require an
aggregate total of 1,898 hours to comply with this rule. Each
respondent makes an estimated 1 annual response. Each response takes on
average approximately 1.902 hours to complete. Thus, the total
compliance burden per year is 1,898 burden hours. The total internal
compliance cost for all respondents is approximately $123,370.00,
resulting in an internal cost of compliance per response of
approximately $124.00 (i.e., $123,370.00/998 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: December 6, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-30371 Filed 12-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 18, 2009 (Volume 74, Number 221)]
[Notices]
[Page 59537-59538]
[DOCID:fr18no09-40]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0145; FRL-8799-3]

Xylene; Addendum to the Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY:  This notice announces EPA's decision to modify certain
provisions and risk mitigation measures that were specified in the 2005
Reregistration Eligibility Decision (RED) for the pesticide xylene, an
aquatic herbicide used in irrigation canals. EPA conducted this
reassessment of the xylene RED in response to comments received during
the public comment period. Based on new information received, and in a
continuing effort to mitigate risk, the Agency has made certain
modifications to the xylene RED.

FOR FURTHER INFORMATION CONTACT:  Tracy L. Perry, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0145. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. Background

A. What Action is the Agency Taking?

    Section 4 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) directs EPA to reevaluate existing pesticides to ensure
that they meet current scientific and regulatory standards. In 2005,
EPA issued a RED for xylene under section 4(g)(2)(A) of FIFRA. In
response to a notice of availability published in the Federal Register
of May 22, 2006 (71 FR 14511) (FRL-7766-3), the Agency received
substantive comments and information from commenters. The Agency's
response to comments is available for viewing in the docket. The
amended xylene RED reflects changes resulting from Agency consideration
of the comments received on provisions of the RED, as well as efforts
by the Agency to appropriately mitigate overall risk. The addendum to
the RED for xylene concludes EPA's reregistration eligibility decision-
making process for this pesticide.
     The xylene addendum includes: A summary of additional usage
information provided by the Bureau of Reclamation and other
stakeholders; a summary of the conclusions from revised human health
risk assessments; Agency reconsideration of the need for removing the
existing exemption from a tolerance; the addition of an ecological data
requirement; revised ecological mitigation measures; and an updated
Label Table, which summarizes specific labeling language required on
product labels. Based on studies from the open literature and other
information, the Agency has determined that crops irrigated with
xylene-treated water may bear finite residues of xylene, albeit, at
very low levels. Therefore, it is appropriate to retain the existing
tolerance exemption for xylene to address any potential residues in
food. The Agency has determined, based on additional usage information
and revised assessments, that use of xylene does not present dermal
risks of concern for occupational workers. As the potential for
inhalation exposures to workers is uncertain at this time, given the
lack of data, the Agency is requiring additional personal protective
equipment (i.e., half-face respirator with an organic vapor-removing
cartridge) for workers who apply or otherwise handle xylene. In order
to mitigate potential

risks of concern for nontarget aquatic organisms, the Agency is
requiring that treated canal water either be used to irrigate crops or
be held for 96 hours prior to release into receiving water bodies. In
addition, as there are currently a limited number of aquatic herbicides
registered for use in irrigation canals, the Agency has determined that
xylene may continue to be used within all states identified under the
Bureau of Reclamation Act, provided that the appropriate state
registrations are also in place.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests, xylene.

    Dated: November 5, 2009.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-27643 Filed 11-17-09; 8:45 am]

BILLING CODE 6560-50-S


Federal Register Citation
Date of Publication
Affected Section of Title 40
Effect
Program Revision Necessary?
Basis for Allowing Exclusion from North Dakota State Operating Permits Program
81 FR 71613
10/18/2016
70.7
Amends through revisions paragraphs (h)(1) and (2) to: (1) create optional alternative of posting public notice for permit actions on a public website as the "consistent noticing method," and (2) presenting the option of identifying electronic mail and website contact information for informational inquiries about the permit action.
No
Changes to Part 70 presented additional options, not mandatory options for Program public notification procedures. EPA did not solicit State Program revisions.
80 FR 12263
03/06/2015
70.2
Revises section 70.2, definition of "major source" (3)(i), (3)(iii)(A), and (3)(iv). Addresses major source definitional issues for State Implementation Plan purposes.
No
North Dakota did not include the analogous paragraph in its operating permit program at the time of the State's final Program approval- due to the North Dakota having no designated nonattainment areas and no need for the SIP related definitions at the time of Program approval.
76 FR 43508
07/20/2011
70.2
Revises section 70.2, definition of "subject to regulation" (2) to accommodate the deferral of application of title V permitting requirements to biogenic CO2 emissions from bioenergy and other biogenic stationary sources.
No
Unnecessary for the State to make a program revision. EPA allowed states to adopt the deferral "at their option."
75 FR 31513
06/03/2010
70.2
Revises the introductory text of 70.2 "major source" (2) and adds the definition of "subject to regulation" for the purposes of the GHG Tailoring Rule.
No
There are no mandatory title V requirements for permitting "major" sources of GHG. The State would not adopt these changes unless keeping these sections as a state regulatory provision.
72 FR 24059
07/02/2007
70.2
Revises section 70.2, definition of "major source" (2)(xx) to make this qualifying statement about chemical process plants: "The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140."
No
Unnecessary for the State to make this same revision to its definitions- only necessary for states which wish to impose the allowed limited definition of "chemical process plants."
70 FR 59847
10/13/2005
70.1
Amends section 70.1 to direct states to satisfy the requirements of 40 CFR part 3 in their program if they choose to receive electronic documents
No
The State is not obligated to accept documents electronically. Review of electronic document submittal procedure is not part of this program transfer request.
69 FR 31497
06/03/2004
70.2
Amends section 70.2, definition of "applicable requirement" by inserting a new paragraph (7) and renumbering the original paragraphs (7) -- (12) accordingly. The new paragraph (7) expressly states that an applicable requirement includes any standard under section 126(a)(1) and (c) of the Act- part of the requirements for interstate pollution abatement considerations in the SIP process
No
This additional language is for clarification and express inclusion of these section 126 requirements. Exclusion of these revisions from State rules reduces clarity but not applicable requirements.