[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25778]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-36; Notice 2]
Solectria Corporation; Grant of Petition for Temporary Exemption
From Four Federal Motor Vehicle Safety Standards
Solectria Corporation of Arlington, Massachusetts, has petitioned
to be exempted from four Federal motor vehicle safety standards for
passenger cars that it converts to electric power. The basis of the
petition is that compliance with the standards would cause substantial
economic hardship to a manufacturer that has tried to comply with the
standards in good faith.
Notice of receipt of the petition was published on July 18, 1994,
and an opportunity afforded for comment (59 FR 36484). This notice
grants the petition.
Previously, petitioner received NHTSA Exemption No. 92-2 covering
Geo Metro passenger cars that it converts to electric power and markets
under the name ``Solectria Force.'' Its petition seeks renewal of the
exemption from four Federal motor vehicle safety standards which
expired on May 1, 1994. As the petition was not received until after
the expiration date of the previous exemption, the matter must be
considered de novo, and not as the renewal of a previous exemption.
NHTSA notes that the petitioner is also manufacturing electric truck
conversions under NHTSA Temporary Exemption No. 94-2.
Petitioner has sold 45 Solectria Forces under its previous
exemption. This exemption extended to seven Federal motor vehicle
safety standards. During the exemption period, Petitioner has been able
to ensure conformance of the Force with three of these standards. The
Geo Metros to be converted have been certified by their original
manufacturer to conform to all applicable Federal motor vehicle safety
standards. However, petitioner determined that the vehicles may not
conform with all or part of four Federal motor vehicle safety standards
after their modification. The standards for which exemptions are
requested are discussed below.
1. Standard No. 204, Steering Control Rearward Displacement
The conversion affects the ability to meet paragraph S4.2, although
the petitioner is confident that it will be able to certify compliance
for perpendicular frontal impact under the conditions of S5 of Standard
No. 208.
2. Standard No. 208, Occupant Crash Protection
The conversion affects the ability to meet paragraph S4.1.4.
Solectria has completed certification testing for a perpendicular
frontal barrier test, but has yet to complete testing for an angled
barrier test, side-impact test or roll-over test. [NHTSA note:
Paragraph S4.1.4 does not require manufacturers to certify compliance
with the side-impact or rollover tests if the vehicle is equipped with
seat belts at every seating position.]
3. Standard No. 214, Side Door Strength
The modifications will affect compliance with the requirements of
S3.1.3 and S3.2.3 requiring a minimum peak crush resistance based on
the vehicle curb weight. Solectria is confident that the Force will
meet this standard though it has not recertified the vehicle. In
addition, the Geo Metro may not have been certified by its original
manufacturer to meet the dynamic side impact test due to the phase-in
provision of this portion of the standard.
4. Standard No. 216, Roof Crush Resistance
According to the petitioner, the modifications will affect the
requirements in S4(a) which specifies a maximum crush force based on
the vehicle curb weight. However, the petitioner is confident that the
vehicle is capable of meeting Standard No. 216.
Exemption was requested from these four standards for a period of
eight months.
Petitioner argued that to require immediate compliance would create
substantial economic hardship. As of September 30, 1993, the company
had cumulative net losses of $107,300. It estimates that the total cost
of testing for compliance with the four standards would be $122,825. If
modifications appear indicated, further testing would be required. An
exemption would permit vehicle sales and the generation of cash
permitting testing and full certification of compliance while the
exemptions are in effect. It anticipates orders for 50 additional
Forces while the exemption is in effect. A denial of the petition would
remove the Force from production for a year, with total revenue losses
of $1,300,000. It could result in discontinuing production altogether.
According to the petitioner, granting the exemption would be in the
public interest and consistent with 49 U.S.C. Chapter 301 Motor Vehicle
Safety because it ``will be able to make a substantial contribution to
the country's transportation needs both in themselves and as precursor
to future electric vehicles.'' The petitioner believes that ``it is
critical that low-emission electric vehicles be brought to market as
quickly as possible to advance the field and relieve the environmental
and economic problems associated with pollution and dependence on
fossil fuel.''
No comments were received on the petition.
In 1991 when it filed its initial hardship petition, Solectria's
lifetime net income was less than $16,000. Two years later, as of
September 30, 1993, its cumulative net losses totaled $107,300.
Although the cost of testing for compliance with seven standards is now
estimated at a lower figure of $123,000 to test for four standards, it
seems clear that requiring immediate compliance would cause the
petitioner substantial economic hardship within the statutory meaning.
The petitioner has been able to certify compliance with three
standards from which it was previously exempted, which NHTSA regards as
a good faith effort to meet the requirements of the Federal motor
vehicle safety standards. Further, NHTSA is aware that the vehicle
converted by Solectria, the Geo Metro will be an all new car for 1995.
Since the car has not been introduced, it is likely that the petitioner
has not yet obtained an example to review its conversion compliance
status. The time afforded by the exemption should be sufficient for
Solectria to accomplish this. NHTSA notes that the new Geo Metro will
be certified to be in compliance with all applicable Federal motor
vehicle safety standards (and possibly will remain in compliance after
the modifications). For this reason, an exemption of a previously-
certified vehicle (which may still conform) is consistent with the
objectives of traffic safety. Finally, though the volume of production
is small, the Solectria Force is a zero emissions vehicle, and an
exemption would be in the public interest.
On the basis of the foregoing, it is hereby found that immediate
compliance would cause the petitioner substantial economic hardship,
that the petitioner has in good faith attempted to conform with the
standards from which exemption is requested, and that an exemption
would be consistent with the public interest and the objectives of 49
U.S.C. Chapter 301. Accordingly, Solectria Corporation is hereby
granted NHTSA Temporary Exemption No. 94-5, expiring September 1, 1995,
from the following standards or portions thereof: 49 CFR 571.204 Motor
Vehicle Safety Standard No. 204 Steering Control Rearward Displacement;
paragraph S4.1.4.1 of 49 CFR 571.208 Motor Vehicle Safety Standard No.
208 Occupant Restraint Systems, 49 CFR 571.214 Motor Vehicle Safety
Standard No. 214 Side Door Strength, and S4.(a) of 49 CFR 571.216 Motor
Vehicle Safety Standard No. 216 Roof Crush Resistance.
(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50.)
Issued on October 12, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 94-25778 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-59-P
