Title 49TransportationRelease 119-73

§30113 General exemptions

Title 49 › Subtitle SUBTITLE VI— - MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART A— - GENERAL › Chapter CHAPTER 301— - MOTOR VEHICLE SAFETY › Subchapter SUBCHAPTER II— - STANDARDS AND COMPLIANCE › § 30113

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Transportation can temporarily exempt a vehicle from federal safety rules or bumper rules when it makes sense. A "low-emission motor vehicle" means a car that meets Clean Air Act new-vehicle rules when made and emits much less pollution than one of those limits. A maker must apply and the Secretary will publish the application and let people comment. The Secretary may grant an exemption if it fits the public interest and one of four things is true: following the rule would cause serious financial hardship after good-faith efforts to comply; the exemption helps develop or test a new safety feature that is at least as safe; it helps develop or test a low-emission vehicle without unreasonably lowering safety; or compliance would stop the maker from selling a car with overall safety equal to other cars. Applications must include money and effort details for hardship claims, research and tests for new features or low-emission cars, or an analysis showing equal overall safety. Small makers (no more than 10,000 vehicles in their last year) can seek the hardship exemption. Other exemptions are limited to 2,500 vehicles in any 12-month period. Hardship exemptions last up to 3 years; the others up to 2 years. The Secretary may release application info after 10 days except secrets, will publish decisions and reasons, and requires a permanent label on exempt vehicles naming the rules waived. The Secretary may also require notice to the dealer and first buyer.

Full Legal Text

Title 49, §30113

Transportation — Source: USLM XML via OLRC

(a)In this section, “low-emission motor vehicle” means a motor vehicle meeting the standards for new motor vehicles applicable to the vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the vehicle is manufactured and emitting an air pollutant in an amount significantly below one of those standards.
(b)(1)The Secretary of Transportation may exempt, on a temporary basis, motor vehicles from a motor vehicle safety standard prescribed under this chapter or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title, on terms the Secretary considers appropriate. An exemption may be renewed. A renewal may be granted only on reapplication and must conform to the requirements of this subsection.
(2)The Secretary may begin a proceeding under this subsection when a manufacturer applies for an exemption or a renewal of an exemption. The Secretary shall publish notice of the application and provide an opportunity to comment. An application for an exemption or for a renewal of an exemption shall be filed at a time and in the way, and contain information, this section and the Secretary require.
(3)The Secretary may act under this subsection on finding that—
(A)an exemption is consistent with the public interest and this chapter or chapter 325 of this title (as applicable); and
(B)(i)compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith;
(ii)the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard;
(iii)the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or
(iv)compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles.
(c)A manufacturer applying for an exemption under subsection (b) of this section shall include the following information in the application:
(1)if the application is made under subsection (b)(3)(B)(i) of this section, a complete financial statement describing the economic hardship and a complete description of the manufacturer’s good faith effort to comply with each motor vehicle safety standard prescribed under this chapter, or a bumper standard prescribed under chapter 325 of this title, from which the manufacturer is requesting an exemption.
(2)if the application is made under subsection (b)(3)(B)(ii) of this section, a record of the research, development, and testing establishing the innovative nature of the safety feature and a detailed analysis establishing that the safety level of the feature at least equals the safety level of the standard.
(3)if the application is made under subsection (b)(3)(B)(iii) of this section, a record of the research, development, and testing establishing that the motor vehicle is a low-emission motor vehicle and that the safety level of the vehicle is not lowered unreasonably by exemption from the standard.
(4)if the application is made under subsection (b)(3)(B)(iv) of this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles.
(d)A manufacturer is eligible for an exemption under subsection (b)(3)(B)(i) of this section (including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1)) only if the Secretary determines that the manufacturer’s total motor vehicle production in the most recent year of production is not more than 10,000. A manufacturer is eligible for an exemption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary determines the exemption is for not more than 2,500 vehicles to be sold in the United States in any 12-month period.
(e)An exemption or renewal under subsection (b)(3)(B)(i) of this section may be granted for not more than 3 years. An exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this section may be granted for not more than 2 years.
(f)The Secretary may make public, by the 10th day after an application is filed, information contained in the application or relevant to the application unless the information concerns or is related to a trade secret or other confidential information not relevant to the application.
(g)The Secretary shall publish in the Federal Register a notice of each decision granting an exemption under this section and the reasons for granting it.
(h)The Secretary shall require a permanent label to be fixed to a motor vehicle granted an exemption under this section. The label shall either name or describe each motor vehicle safety standard prescribed under this chapter or bumper standard prescribed under chapter 325 of this title from which the vehicle is exempt. The Secretary may require that written notice of an exemption be delivered by appropriate means to the dealer and the first purchaser of the vehicle other than for resale.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30113(a)15:1410(g).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 123; added Apr. 10, 1968, Pub. L. 90–283, 82 Stat. 72; restated Oct. 25, 1972, Pub. L. 92–548, § 3, 86 Stat. 1159. 30113(b)15:1410(a) (1st sentence), (c)(1) (23d–last words), (2) (23d–last words). 30113(c)15:1410(e). 30113(d)15:1410(d). 30113(e)15:1410(c)(1) (1st–22d words), (2) (1st–22d words). 30113(f)15:1410(f). 30113(g)15:1410(a) (last sentence). 30113(h)15:1410(b). In subsection (a), the words “the term” and “type of” are omitted as surplus. The words “when the vehicle is manufactured” are substituted for “at the time of manufacture” for consistency. In subsection (b)(1), the words “Except as provided in subsection (d) of this section” are omitted as surplus. The words “to such extent” are omitted as being included in “on terms the Secretary considers appropriate”. In subsection (b)(2), the words “The Secretary may begin a proceeding under this subsection . . . for an exemption or a renewal of an exemption” are added because of the restatement. The words “of the application” are added for clarity. The words “An application for an exemption or for a renewal of an exemption shall be filed” are added because of the restatement. In subsection (b)(3)(A), the words “such temporary” and “the objectives of” are omitted as surplus. In subsection (b)(3)(B)(i), the words “to a manufacturer that” are substituted for “such manufacturer . . . and that the manufacturer” to eliminate unnecessary words. The words “from which it requests to be exempted” are omitted as surplus. In subsection (b)(3)(B)(ii), the words “from which an exemption is sought” are omitted as surplus. In subsection (b)(3)(B)(iii), the words “lower the safety level” are substituted for “degrade the safety” for clarity. In subsection (b)(3)(B)(iv), the word “requiring” is omitted as surplus. In subsection (c), before clause (1), the words “the following information” are added for clarity. In clause (1), the word “describing” is substituted for “the basis of showing” to eliminate unnecessary words. The words “each motor vehicle safety standard prescribed under this chapter from which the manufacturer is requesting an exemption” are substituted for “the standards” for clarity. In clauses (2) and (3), the words “a record” are substituted for “documentation” for consistency in the revised title. In clause (2), the words “establishing that the safety level of the feature at least equals the safety level of the standard” are substituted for “establishing that the level of safety of the new safety feature is equivalent to or exceeds the level of safety established in the standard from which the exemption is sought” because of the restatement. In clause (3), the word “level” is added, and the words “lowered . . . by exemption from the standard” are substituted for “degraded”, for consistency in this section. In clause (4), the words “at least equal to” are substituted for “equivalent to or exceeding” for consistency. In subsection (f), the text of 15:1410(f) (1st sentence) is omitted as executed. The words “under this section all” and “other information” are omitted as surplus. The words “to the application” are substituted for “thereto” for clarity. The words “business” and “for exemption” are omitted as surplus. In subsection (g), the words “The Secretary” are added for clarity. The word “temporary” is omitted as surplus. The words “under this section” are added for clarity. In subsection (h), the words “a . . . label to be fixed to a motor vehicle granted an exemption under this section” are substituted for “labeling of each exempted motor vehicle . . . and be affixed to such exempted vehicles” for clarity. The words “of such exempted motor vehicle in such manner as he deems” are omitted as surplus. The words “motor vehicle safety standard prescribed under this chapter” are substituted for “the standards” for clarity and consistency in this chapter.

Editorial Notes

Amendments

1998—Subsec. (b)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(A)], inserted “or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,” after “a motor vehicle safety standard prescribed under this chapter”. Subsec. (b)(3)(A). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(B)], inserted “or chapter 325 of this title (as applicable)” after “this chapter”. Subsec. (c)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(2)], inserted “, or a bumper standard prescribed under chapter 325 of this title,” after “motor vehicle safety standard prescribed under this chapter”. Subsec. (d). Pub. L. 105–277, § 101(g) [title III, § 351(a)(3)], inserted “(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1))” after “subsection (b)(3)(B)(i) of this section”. Subsec. (h). Pub. L. 105–277, § 101(g) [title III, § 351(a)(4)], inserted “or bumper standard prescribed under chapter 325 of this title” after “each motor vehicle safety standard prescribed under this chapter”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 30113

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73