40582 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 

for examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–14507 Filed 7–6–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2022–0018] 

National Transit Database Reporting 

Changes and Clarifications 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice; Request for comments. 

SUMMARY: This notice provides 

information on proposed changes and 

clarifications to the National Transit 

Database (NTD) reporting requirements. 

Some of the proposed NTD changes 

would take effect beginning in NTD 

report year (RY) 2023 or 2024, which 

corresponds to an agency’s fiscal year, 

while others would take effect in 

calendar year (CY) 2023. 

DATES: Comments are due by September 

6, 2022. The Federal Transit 

Administration (FTA) will consider late 

comments to the extent practicable. 

ADDRESSES: You may file comments 

identified by docket number FTA– 

2022–0018 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Send comments to Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE, between 9:00 

a.m. and 5:00 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Management Facility, U.S. Department 

of Transportation, at (202) 493–2251. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and Docket Number 

(FTA–2022–0018) for this notice, at the 

beginning of your comments. If sent by 

mail, submit two copies of your 

comments. 

Electronic Access and Filing: This 

document and all comments received 

may be viewed online through the 

Federal eRulemaking portal at http://

www.regulations.gov or at the street 

address listed above. Electronic 

submission, retrieval help, and 

guidelines are available on the Federal 

eRulemaking portal website. The 

website is available 24 hours each day, 

365 days a year. Please follow the 

instructions. An electronic copy of this 

document may also be downloaded 

from the Office of the Federal Register’s 

home page at https://

www.federalregister.gov. 

Privacy Act: Except as provided 

below, all comments received into the 

docket will be made public in their 

entirety. The comments will be 

searchable by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.) You should not include 

information in your comment that you 

do not want to be made public. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or at https://

www.transportation.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Coleman, National Transit 

Database Program Manager, FTA Office 

of Budget and Policy, (202) 366–5333, 

thomas.coleman@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Background and Overview 

B. New Sample-Based Monthly Data (WE–20) 

C. General Transit Feed Specification (GTFS) 

D. Collecting Geospatial Data for Demand 

Response Modes 

E. Emergency Contact Information 

F. Vehicle Fuel Type 

A. Background and Overview 

The National Transit Database (NTD) 

was established by Congress to be the 

Nation’s primary source for information 

and statistics on the transit systems of 

the United States. Recipients and 

beneficiaries of Federal Transit 

Administration (FTA) grants under 

either the Urbanized Area Formula 

Program (49 U.S.C. 5307) or Rural Area 

Formula Program (49 U.S.C. 5311) are 

required by law to report to the NTD. 

FTA grantees that own, operate, or 

manage public transportation capital 

assets are required to provide more 

limited reports to the NTD regarding 

Transit Asset Management. 

Pursuant to 49 U.S.C. 5334(k), FTA is 

seeking public comment on five 

proposed NTD reporting changes and 

clarifications. These proposals are based 

on changes to Federal transportation 

law made by the Bipartisan 

Infrastructure Law, enacted as the 

Infrastructure Investment and Jobs Act 

(Pub. L. 117–58) and based on input 

from the transit industry. These 

proposed changes are not related to 

safety and security (S&S) reporting, as 

FTA is proposing S&S changes in a 

separate Federal Register notice. The 

information below describes anticipated 

reporting impacts from each proposed 

change or clarification, as well as the 

proposed effective date of each change. 

FTA seeks comments on the proposed 

changes and clarifications described 

below. All impacts or changes described 

below are proposed and subject to 

finalization in a future notice. 

B. New Sample-Based Monthly Data 

(WE–20) 

During the recent COVID–19 

pandemic, FTA found that it did not 

have timely data on transit ridership or 

transit service levels that was sufficient 

to inform decision-makers at the 

Federal, State, and local levels during a 

rapidly changing crisis situation. To 

better understand changes in the transit 

industry on a timely basis, FTA 

proposes to collect additional data from 

a sample set of modal reports from 

across the universe of full, reduced, 

tribal, and rural reporters on a new WE– 

20 Form. The goal of the sample is to 

obtain a representative nationwide 

snapshot of transit ridership and transit 

service levels. The sampling 

methodology would use a stratified 

random sampling based on region, 

mode, and other factors. FTA would 

then make sampling adjustments as 

needed based on unavailable modes, 

reporters without weekly data access, or 

other factors. Sampling may not be 

purely random to ensure the accuracy of 

the nationwide estimate of ridership 

and service levels. Therefore, NTD 

reporters with the largest service levels 

nationally or regionally may be more 

likely to be selected multiple times to 

ensure the accuracy of the nationwide 

estimate. 

For the sampled modes, FTA 

proposes to collect four data points once 

each month: 

• Weekday 5-day unlinked passenger 

trip (UPT) total for the reference week; 

• Weekday 5-day vehicle revenue 

miles (VRM) total for the reference 

week; 


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• Weekend 2-day unlinked passenger 

trip (UPT) total for either the weekend 

preceding or following the reference 

week; and 

• Weekend 2-day vehicle revenue 

miles (VRM) total for either the 

weekend preceding or following the 

reference week. 

Under this proposal, these data will 

be due three business days after the last 

day of the reference week. In general, 

FTA is proposing to designate the 

second full week of the month as the 

‘‘reference week,’’ unless the reference 

week contains a Federal holiday. FTA 

will inform reporters for the selected 

modes of the precise dates of the 

reference week at least three months in 

advance and will list the precise dates 

of the reference week on the form. For 

example, the reference week for July 

2023 would cover July 10–16, and data 

for that week would be due three 

business days later—by the end of the 

day on July 19. FTA will also give three 

months advance notice about whether 

FTA will require agencies to report UPT 

and VRM data for the weekend 

preceding or the weekend following the 

reference week. 

FTA proposes to require a sampled 

subset of approximately 400 NTD 

reporters to report these data for at least 

one mode. FTA proposes that sampled 

reporters remain constant for a period of 

three consecutive calendar years after 

the effective date of the reporting 

requirement. The reporting requirement 

effective date is proposed to be 

approximately three months following 

the publication of the final notice. For 

instance, if FTA publishes the final 

notice in February 2023, FTA estimates 

the reporting requirement would take 

effect around May 2023. At this time, 

reporters would be asked to submit a 

week of data for May 2023, as well as 

for the prior months in calendar year 

2023 on a one-time basis (January 2023– 

April 2023). Subsequently, reporters 

would be required to submit a week of 

data for May 2023 and each month 

following. FTA would update the 

sampled group in 2026. FTA proposes 

to identify which NTD reporters are part 

of the sample with at least three months’ 

notice. 

FTA proposes that the reporting 

standard for the data on the WE–20 

Form will be ‘‘best available data.’’ Best 

available data will depend on the facts 

and circumstances and the extent of 

data available to each agency. The data 

could be preliminary or minimally 

validated (e.g., non-zero). Furthermore, 

FTA understands that these data reports 

might not be as complete as the agency’s 

regular monthly NTD data reports and 

might not be audited. These weekly data 

would not be used to ensure alignment 

of annual report data totals as is 

currently done with monthly data. 

These data for the reference week will 

not replace the regular monthly report 

on the MR–20 form for full reporters. 

C. General Transit Feed Specification 

(GTFS) 

The Bipartisan Infrastructure Law 

amended 49 U.S.C. 5335(a) to require 

FTA to collect ‘‘geographic service area 

coverage’’ data through the NTD. Transit 

agencies across the country have made 

significant progress in recent years to 

record and publish geographic transit 

data in a consistent manner. 

Specifically, FTA estimates that 35% of 

NTD reporters have adopted the General 

Transit Feed Specification (GTFS) 

standard. The GTFS specification 

significantly increases the utility of 

transit service data, enabling current 

and accurate snapshots of transit service 

that support mobile applications such as 

mapping and routing services. 

To implement this data collection 

requirement, and in light of the existing 

widespread GTFS adoption, FTA 

proposes to require annual submissions 

of static GTFS data to the NTD. In this 

notice, GTFS standards refer to the May 

9, 2022 version of GTFS, which are 

published here: https://gtfs.org/ 

reference/static#field-definitions. At 

present, NTD reporters voluntarily 

submit web links to GTFS datasets for 

the National Transit Map (NTM). More 

information about the NTM can be 

found here: https://www.bts.gov/ 

national-transit-map/about. 

FTA is proposing this requirement to 

enable consistent submissions of 

geographic service area coverage data. 

FTA believes that GTFS is the best way 

to collect geographic service area 

coverage data for fixed-route service 

because it is already widely used and 

meets specific, practical needs in 

communicating service information in a 

standardized format. GTFS defines a 

common format for public 

transportation schedules and associated 

geographic information. The 

standardized specifications ensure data 

consistency and minimum requirements 

are met and allows data from across the 

United States to be aggregated, used, 

and analyzed in a consistent manner. 

Mandatory Requirement 

FTA is proposing to make GTFS 

reporting a mandatory requirement. 

Under this proposal, NTD reporters with 

fixed route modes must create and 

maintain a public domain GTFS dataset 

that reflects their fixed route service. 

These NTD reporters must also maintain 

a web link from which the GTFS dataset 

can be collected. Specifically, FTA 

proposes that agencies create and host 

one or more web links containing their 

GTFS data. Each web link must link to 

a compressed (.zip or ‘zip’) archive 

containing at least one copy of each of 

the required text files listed below 

under GTFS Data Requirements, 

covering all fixed route modes. If an 

agency demonstrates hosting a web link 

is not possible, FTA will accept GTFS 

zip archive file submission by email. 

This requirement would not apply to 

capital asset-only reporters. 

FTA is proposing to implement this 

reporting requirement in two parts. 

First, FTA is proposing that in RY 2023, 

applicable NTD reporters will be 

required to establish and submit a webhosted GTFS dataset for their fixed 

route service. The dataset may have 

multiple links, such as one per mode. 

All links must be persistent (i.e., static), 

machine readable, and not password 

protected. FTA expects this to be a onetime requirement. Once an agency 

publishes the data, it can be maintained 

in that form at the persistent web link 

for subsequent reporting years. 

Second, beginning in RY 2024, FTA is 

proposing that applicable NTD reporters 

certify annually via the D–10 

certification form that their previously 

submitted web links are up to date. All 

fixed route service changes must be 

reflected in the previous weblink with 

the GTFS dataset. Specifically, if there 

are changes to fixed routes, the reporter 

must update the GTFS dataset at the 

previously submitted web link. FTA 

does not expect this to be a large 

administrative burden because fixed 

route service changes are infrequent. 

FTA is proposing that if a reporter 

cannot publish a GTFS dataset, they 

must email their NTD analyst and 

explain why hosting a web link is not 

possible. FTA is proposing that 

reporters that are unable to host a web 

link to a GTFS dataset must submit their 

geographic service area coverage data 

via alternative means, e.g., email. FTA 

expects the majority of agencies will be 

able to web-host GTFS datasets via web 

links that are persistent, machine 

readable, and not password protected. 

FTA is proposing that this new 

requirement apply to full reporters, 

reduced reporters, tribal reporters, and 

rural reporters, but not capital assetonly reporters. This requirement would 

apply only to reporters that operate a 

fixed route mode. FTA is proposing that 

in cases where an NTD reporter reports 

on behalf of multiple reporters (such as 

a State for multiple rural reporters), the 

State will be required to submit at least 

one unique link or compressed file per 

unique NTD reporting ID (NTDID). If the 


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NTDID has multiple GTFS links for 

multiple modes, the reporter may 

submit these multiple links. 

GTFS Data Requirements 

GTFS ensures data consistency by 

establishing minimum requirements. 

Specifically, GTFS requires that an 

overarching compressed file contain, at 

a minimum, seven underlying text files: 

(a) Agency; (b) Stops; (c) Routes; (d) 

Trips; (e) Stop Times; (f) Calendar or 

Calendar Dates.txt; and (g) Feed Info.txt. 

An eighth file, Shapes.txt, is an optional 

file, but it is recommended to make the 

files more useful for geospatial mapping 

purposes. Additionally, within each file, 

some fields are noted as ‘‘optional.’’ 

Optional fields are recommended in the 

file(s) mentioned above since they 

improve the usefulness of the datasets 

for data users. 

Detailed information about the fields 

required for each of these files is 

published here: https://gtfs.org/ 

reference/static#field-definitions. 

Development Assistance 

For transit systems that currently 

operate fixed route modes, but lack 

existing web-hosted GTFS datasets, FTA 

will provide technical assistance. 

Existing available technical assistance 

includes: 

• Free technical assistance 

instructions through the National Rural 

Transit Assistance Program (RTAP) 

website: https://www.nationalrtap.org/ 

Technology-Tools/GTFS-Builder; and 

• Bureau of Transportation Statistics, 

National Transit Map Frequently Asked 

Questions: https://www.bts.gov/ 

national-transit-map/frequently-askedquestions. Reporters may also consider 

partnering with a local college or 

university for technical assistance in 

establishing a GTFS feed. Additionally, 

FTA is proposing that NTD reporters 

can request a one-year waiver of this 

requirement with documentation that 

they are seeking technical assistance for 

establishing GTFS data, such as a plan 

with dates and milestones 

demonstrating how the reporter will 

comply with the GTFS requirement. 

Compliance 

FTA is proposing to monitor 

compliance in two ways. First, FTA 

proposes to periodically check that web 

links are viable and current, reflecting 

fixed route service stops, routes, and 

schedules. Second, on an annual basis, 

FTA proposes to ask reporters to 

confirm the accuracy of their GTFS 

feeds as part of their annual kick-off 

task. The kick-off is the NTD’s system 

task which confirms information to 

create the relevant reporting forms for 

the new fiscal year. 

Phasing 

FTA expects reporting burdens to 

vary depending on existing agency data 

processes. NTD reporters are likely in 

three different phases of offering GTFS 

data feeds. First, some NTD reporters 

already submit GTFS data feeds 

voluntarily to the NTD. Second, some 

reporters have GTFS feeds but have not 

submitted these feeds to the NTD. 

Third, some reporters do not yet have 

GTFS feeds. 

FTA anticipates the greatest 

challenges will be for those reporters 

who do not have GTFS feeds yet, or 

States who currently report data on their 

behalf (e.g., States for rural reporters). 

FTA has identified some technical 

assistance resources to assist in the 

development of GTFS feeds (listed 

above). FTA proposes that reporters will 

not have to submit new GTFS data or 

required updates to the NTD until RY 

2023. FTA welcomes comments 

requesting technical assistance or 

describing specific barriers or issues 

related to developing or submitting 

GTFS data. 

Upon publication, all GTFS data 

submitted to the NTD will enter the 

public domain. 

D. Collecting Geospatial Data for 

Demand Response Modes 

FTA proposes that beginning in RY 

2023 certain demand response modes 

must report geospatial data to the NTD. 

FTA will begin collecting these data to 

implement the new requirement that 

FTA collect geographic service area 

coverage data. FTA is proposing that 

this new requirement apply to full, 

reduced, tribal, and rural reporters, but 

not capital asset-only reporters. FTA is 

proposing to collect geospatial data for 

non-fixed routes using a new NTD form. 

FTA is proposing to collect these data 

annually through the questions shown 

below: 

(1) Do you serve residents in another 

State besides your State? 

(2) Select the Counties that you serve, 

either in whole or in part, where you 

pick up residents for a new trip 

origination. 

(3) Select Census ‘Places’ served in 

these counties; indicate whether these 

Places (e.g., Township) are served, and 

whether these Places are partially or 

wholly served. 

(4) Is your demand response service 

intended to meet the Americans with 

Disabilities Act (ADA) complementary 

paratransit requirements for a fixed 

route system? 

(5) If yes to #4, is your service area 

limited to the ADA complementary 

paratransit distance for: 

a. Your own NTD Reporter ID; or 

b. Select all those that are not your 

NTD Reporter ID. 

(6) Within your service area, do you 

have different passenger eligibility 

requirements or different terms and 

conditions of service? 

(7) How many days per week do you 

operate? 

(8) For each day of the week, what are 

your hours of operation, and is your 

service open to: 

(a) Only those persons found eligible 

for complementary paratransit under the 

ADA through your local eligibility 

process? 

(b) Another specific segment of the 

population defined by age or disability? 

(c) The general population? 

(9) What is the minimum advanced 

reservation time for your service? Select 

days or hours. 

(10) What is the fare charged? 

FTA is proposing to begin asking 

these questions on a new form 

beginning in RY 2023. 

E. Emergency Contact Information 

At present, the NTD requires that each 

organization submit organizational 

contact information on the P–10 form. 

The P–10 collects details such as 

organization name, address, and 

website. FTA proposes that beginning in 

RY 2023, FTA will also collect the 

organization’s emergency contact 

information on the P–10 form. This 

emergency contact does not have to be 

the same person as someone with an 

existing NTD system role. FTA proposes 

to use this emergency contact 

information to facilitate communication 

between FTA and the reporter during 

emergencies. Maintaining a current 

emergency point of contact (POC) will 

allow FTA to quickly send updated 

relevant information to the right contact 

and ensure communication before, 

during, and after the emergency event. 

FTA proposes that the emergency 

contact be someone affiliated with 

emergency preparedness or response 

functions. This includes an emergency 

liaison officer, a facility or building 

emergency response team member, or a 

person with similar job functions. This 

person must be the individual at an 

agency that is the FTA POC in the event 

of an emergency. The agency will be 

asked to certify the accuracy of this 

information on their annual kick-off 

task. 

F. Vehicle Fuel Type 

The Bipartisan Infrastructure Law 

provides historic investments towards 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 40585 

1 49 U.S.C. 30112(a)(1). 

2 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 

30114. 

3 49 U.S.C. 30113. 

4 49 CFR 1.94. 

5 49 U.S.C. 30113(b)(3). 

6 49 U.S.C. 30113(b)(3)(A). 

converting the Nation’s transit fleet to 

zero-emission and low-emission 

vehicles. Currently, FTA collects 

vehicle fuel type only from full and 

reduced reporters on the A–30 form. 

Tribal, rural, and capital asset-only 

reporters do not report fuel type on the 

A–30 form. In order to track 

implementation of zero-emission and 

low-emission vehicles funded by the 

Bipartisan Infrastructure Law, FTA is 

proposing to add a question to the A– 

30 form for rural, tribal, and capital 

asset-only reporters about fuel type. 

FTA proposes to apply this change 

beginning in RY 2023. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2022–14502 Filed 7–6–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0057] 

Czinger Vehicles—Receipt of Petition 

for Temporary Exemption 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of receipt of petition for 

temporary exemption; request for public 

comment. 

SUMMARY: Czinger Vehicles (Czinger) 

has petitioned NHTSA for a temporary 

exemption from windshield 

requirements in Federal motor vehicle 

safety standard (FMVSS) No. 205, 

Glazing materials. Czinger is a low 

volume start-up manufacturer and seeks 

the exemption on the basis that 

compliance with the standard would 

cause substantial economic hardship. 

NHTSA is publishing this document in 

accordance with statutory and 

administrative provisions and requests 

comment on the merits of Czinger’s 

exemption petition. NHTSA has made 

no judgement at this time on the merits 

of the petition. 

DATES: Comments must be received on 

or before August 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Callie Roach, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Telephone: 202–366–2992; Fax: 202– 

366–3820. 

Comments: NHTSA invites you to 

submit comments on the petition 

described herein and the questions 

posed below. You may submit 

comments identified by docket number 

in the heading of this notice by any of 

the following methods: 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue, SE, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE, West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. To be sure someone is there 

to help you, please call (202) 366–9322 

before coming. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act discussion 

below. NHTSA will consider all 

comments received before the close of 

business on the comment closing date 

indicated above. To the extent possible, 

NHTSA will also consider comments 

filed after the closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

1200 New Jersey Avenue, SE, West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. To be sure 

someone is there to help you, please call 

(202) 366–9322 before coming. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. In order to 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, see the 

detailed instructions given under the 

Public Participation heading of the 

Supplementary Information section of 

this document. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory 

Requirements 

NHTSA is responsible for 

promulgating and enforcing FMVSS 

designed to improve motor vehicle 

safety. Generally, a manufacturer may 

not manufacture for sale, sell, offer for 

sale, or introduce or deliver for 

introduction into interstate commerce a 

vehicle that does not comply with all 

applicable FMVSS.1 There are limited 

exceptions to this general prohibition.2

One path permits manufacturers to 

petition NHTSA for an exemption for 

noncompliant vehicles under specified 

set of statutory bases.3

The National Traffic and Motor 

Vehicle Safety Act (Safety Act), codified 

at 49 U.S.C. Chapter 301, authorizes the 

Secretary of Transportation to exempt, 

on a temporary basis and under 

specified circumstances, and on terms 

the Secretary considers appropriate, 

motor vehicles from a FMVSS or 

bumper standard. This authority is set 

forth at 49 U.S.C. 30113. The Secretary 

has delegated the authority for 

implementing this section to NHTSA.4

The Safety Act authorizes NHTSA (by 

delegation) to grant, in whole or in part, 

a temporary exemption to a vehicle 

manufacturer if certain specified 

findings are made.5 The agency must 

find that the exemption is consistent 

with the public interest and the 

objectives of the Safety Act.6 In 

addition, exemptions under § 30113 

must meet one of the following bases: 

(i) Compliance with the standard[s] 

[from which exemption is sought] 

would cause substantial economic 

hardship to a manufacturer that has 

tried to comply with the standard[s] 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 


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