The exemption was time based, not on number of chassis. It just so happens that #'s 92 and 99 were in a state of construction before the expiration of the exemption, that allowed them to qualify under the exemption. Both cars are MY2013.Koenigsegg had as you may know, an exemption for the CCX for smart airbags among other stuff for 14 cars made between 2008-2012. 12 CCX/Rs was sold to the states, meaning that the exemption had space for an additional 2 cars. #092 and #099 is MY2012 meaning that they were able to go under the CCX exemption.
This would mean that there will be no more Agera in the states other than #099 since #092 was never delivered and is now a RHD car.
However i'm not so sure.. I was told by an official that the Agera is U.S compliant, and Koenigsegg are currently setting up new dealerships in the states, Emporio Motors for instance that were responsible for #099. If you ask me, there is no point in setting up new dealerships if no more cars would be able to enter the country..
Time will tell I guess, hopefully more cars will be in the states, would be great business for Koenigsegg!
This particular Agera is U.S. compliant, so in essence the statement is true that the "2013 Koenigsegg Agera" is U.S. compliant. Theoretically any other 2013 Ageras on open MSO, that were under construction during the time of the exemption period, that were similarly equipped, would also be compliant as well. Unfortunately any such cars do not exist. If someone were to attempt to import the Hundra for example they would be importing a used car as an individual and then there is a whole different mess of paperwork and requirements to meet. Furthermore the car would need to be fitted with U.S. required equipment (such as the mirrors as previously noted). I don't think there is are any major differences in the emissions equipment between U.S. and rest-of-world cars but if so then that would need to be addressed as well.
There is a notion that someone could import an Agera on their own from this point forward under the Show and Display rule, but personally I don't think that will be possible. Copied from the NHTSA website:
NHTSA will consider the following factors, among others:
1. Whether a vehicle of the same make, model, and model year was manufactured and certified for sale in the United States.
2. Whether a vehicle of the same make, model, and model year has been determined eligible for importation pursuant to 49 CFR Part 593.
3. Whether the vehicle is currently in production.
4. Whether more than 500 of the vehicles were produced.
5. Whether the vehicle is a kit car, replica, or special construction vehicle.
If the answer to any of the above is affirmative, you should not expect NHTSA to grant permission for importation. If the answer to item 4 is affirmative, the applicant must establish that the vehicle is of exceptional technological and/or historical significance.
Pay particular attention to points 1 and 3. We know that the MY2013 Koenigsegg Agera was certified for sale in the U.S., and the Agera model is currently in production. The fact that there were only two such compliant examples built (and only one sold) probably makes no difference, that's Koengisegg's problem. So to import an Agera henceforth under Show and Display will require establishing its "exceptional technological and/or historical significance."
Koenigsegg is likely too young of a company to have the required level of historical significance. So one would have to approach such a task from the technological aspect. Is the Agera so overwhelmingly technologically significant to warrant its import into the U.S. on grounds of Showing and Displaying it to the masses? Consider that the Pagani Zonda has not made the approved list, despite the Show and Display rule having been around since 1999. I'm sure there's been some folks who've tried to bring a Zonda into the U.S. legally during this time and yet no one has been successful.
If Koenigsegg are moving forward with taking orders in the U.S. and setting up dealers then they must expect that there will be a resolution the advanced airbag "problem". We can rule out another exemption at this point so my guess is they are hoping to get enough orders together to justify the few million dollar investment in the advanced airbag system. Any order taken today won't see the streets for nearly a year anyway so that gives them some time to engineer these changes and spread out the cost.
Long story short, at this time #099 is the only Agera that will be in the U.S. (legally :blink until mid-2015 by my guess. That makes it a pretty special car indeed.