[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Pages 64469-64470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30577]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-86; Notice 1]
Isis Imports Ltd. Receipt of Application for Temporary Exemption
From Federal Motor Vehicle Safety Standards No. 208 and 214
Isis Imports Ltd. of San Francisco, California, (``Isis'') has
applied for a temporary exemption of two years from paragraph S4.1.4 of
Federal Motor Vehicle Safety Standard No. 208 Occupant Crash
Protection, and of three years from Federal Motor Vehicle Safety
Standard No. 214 Side Impact Protection. The basis of the application
is that compliance will cause substantial economic hardship to a
manufacturer that has tried to comply with the standard in good faith.
This notice of receipt of an application is published in accordance
with the requirements of 49 U.S.C. 30113(b)(2) and does not represent
any judgment of the agency on the merits of the application.
The make and type of passenger car for which exemption is requested
is the Morgan open car or convertible. Morgan Motor Company
(``Morgan''), the British manufacturer of the Morgan, has not offered
its vehicle for sale in the United States since the early days of the
Federal motor vehicle safety standards. It is the business of Isis to
buy incomplete Morgan cars from the British manufacturer and import
them as motor vehicle equipment, completing manufacture by the addition
of engine and fuel system components. They differ from their British
counterparts, not only in equipment items and modifications necessary
for compliance with the Federal motor vehicle safety standards, but
also in their fuel system components and engines, which are propane
fueled. As the party completing manufacture of the vehicle, Isis
certifies its conformance to all applicable Federal safety and bumper
standards. The vehicle completed by Isis in the U.S. is deemed
sufficiently different from the one produced in Britain that NHTSA
considers Isis the manufacturer, not a converter, even though the brand
names are the same.
Morgan itself produced around 470 cars in 1994, while in the year
preceding the filing of its petition in September 1995, Isis produced
14 cars for sale in the United States. Twice previously NHTSA has
exempted Isis from compliance with the automatic restraint requirements
of Standard No. 208 on hardship grounds, the latest exemption expiring
November 1, 1995. The staff of Isis consists of three full time
employees and one part time employee. Its cumulative net income for the
years 1992-94 totals $34,694.
Application for Exemption From Standard No. 208
Isis received NHTSA Exemptions Nos. 89-4 and 92-7 from S4.1.2.1 and
S4.1.2.2 of Standard No. 208, respectively expiring October 1, 1992 and
November 1, 1995 (54 FR 43647 and 57 FR 60564). Under the first
exemption, it had sought to comply through a motorized belt system,
then concluded that an air bag system would be preferable. At the time
that its second exemption was granted, Isis had received proposals from
air bag suppliers that it deemed prohibitive in cost. However, it hoped
to have access to a system under development by Range Rover, or to
aftermarket retrofit components.
According to the applicant, sufficient progress has been made
during its second three-year exemption period that it can foresee
compliance in only two more years. Morgan itself intends to equip its
cars with air bags and has begun a test program towards this end. To
date, 5 of 6 Hy-ge sled tests have been conducted. Body modifications
are being engineered. Morgan is currently negotiating for ``multi-point
sensor air bag components'', and estimates that it will take 12 to 18
months to complete the project ``once we are given permission to use
the components, most of which have already been sourced.'' Until such
time, Isis will continue to use manual three-point restraint systems in
its cars.
Application for Exemption from Standard No. 214
Isis claims that it has insufficient resources to work towards
compliance with those requirements until its work on complying with
Standard No. 208 is completed. It has had discussions with the British
Motor Industry Research Association to identify the components that may
require alteration, such as the door latches and interior padding. In
its view, ``it would not be prudent to test for side impact until we
complete our modifications of the seating area and knee bolster
assembly and finalize the air bag configuration, as changes in this
area would be reflected in the performance of the vehicle in side-
impact testing.'' It does, however, meet the previous side door
strength requirements of the standard, and will work towards compliance
during the three-year exemption period for which it has asked. Were the
phase-in requirement of S8 applied to it, calculated on the basis of
its limited
[[Page 64470]]
production, only very few cars would be required to meet the standard.
Safety and Public Interest Arguments
Because of the small number of vehicles that the applicant produces
and its belief that they are used as second or third cars for short
mileage open air excursions rather than for daily commuting, and
because of the three-point restraints and side impact protection
currently offered, Isis argues that an exemption would be in the public
interest and consistent with safety. An exemption would allow it to
``maintain the existing diversity of motor vehicles available in this
country.'' Finally, because of its expertise in the use of propane as a
fuel, Isis is ``in a position to contribute to the growth of the
alternative fueled vehicle industry.''
Interested persons are invited to submit comments on the
application described above. Comments should refer to the docket number
and the notice number, and be submitted to: Docket Section, National
Highway Traffic Safety Administration, room 5109, 400 Seventh Street,
SW, Washington, DC 20590. It is requested but not required that 10
copies be submitted.
All comments received before the close of business on the comment
closing date indicated below will be considered, and will be available
for examination in the docket at the above address both before and
after that date. To the extent possible, comments filed after the
closing date will also be considered.
Notice of final action on the application will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: January 16, 1996.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and
501.8)
Issued on: November 28, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30577 Filed 12-14-95; 8:45 am]
BILLING CODE 4910-59-P
