[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31081]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 92-50; Notice 3]
Autokraft Ltd; Receipt of Application for Renewal of Temporary
Exemption From Motor Vehicle Safety Standard No. 208
Autokraft Limited of Weybridge, Surrey, England, has applied for a
renewal of NHTSA Exemption No. 92-6, exempting its AC MkIV until
January 1, 1995, from compliance with paragraph S4.1.4 of Federal Motor
Vehicle Safety Standard No. 208 Occupant Crash Protection. The basis of
the application is that compliance would cause substantial economic
hardship to a manufacturer that has tried to comply with the standard
in good faith.
Notice of receipt of the application is published in accordance
with agency regulations on the subject (49 CFR Part 555) and does not
represent any judgment of the agency on the merits of the application.
Autokraft was granted NHTSA Exemption No. 92-6 on December 21, 1992
(57 FR 60563). The reader is referred to that notice for further
information about the company and its initial compliance efforts. The
exemption from S4.1.4 of Standard No. 208 will expire on January 1,
1995. Because the application for renewal of the exemption was filed
``not later than 60 days before the termination date'' (in this
instance, October 27, 1994), the termination date is stayed until the
Administrator has acted upon the application (49 CFR 555.8(e)).
The applicant seeks a further two-year exemption for its AC Mark IV
passenger car, of which it has produced 15 in the year preceding the
filing of its application. Although the company had projected sales of
150 units in the United States in the years 1992-94, in fact, there
have been only seven sales. According to its application, Autokraft
``has continued the process of researching and developing the
installation of a driver and passenger side airbag system'' but ``we
have been unable to achieve the fitting of a suitable system mainly due
to the chassis design being based upon a classic 1960's design and not
easily adaptable to suit air bag installation.'' The delay is also due
to ``the project having insufficient funds generated by sales and
available for completing the development.''
Autokraft has concluded that the adaptation of an existing
automatic restraint system is the only viable alternative. Its
continuation of compliance efforts has given it ``significant knowledge
into the areas of vehicle modification, computer simulation, design
rough road testing and low, medium and high speed crash testing.''
Complicating its efforts is the need to use a different engine and
transmission after October 1, 1995, and the possible effect that this
will have upon compliance. It estimates the cost to achieve conformance
would be $550,000, achievable by spreading these costs during the
exemption period. Autokraft reports losses totalling 3,308,243 Pounds
Sterling (approximately $5,624,000 at a rate of $1.70/1) for the years
1992-93, and projects a further loss for 1994.
The company argues that an exemption would be in the public
interest and consistent with the objectives of motor vehicle safety
because it meets all applicable EEC standards, and all U.S. Federal
motor vehicle safety standards with the exception of the automatic
restraint requirements of Standard No. 208 (its 3-point driver and
passenger restraints meet the previous requirements). The production of
the car makes available to the public ``at a realistic price'' a
replica of the original AC Cobra vehicle produced from the original AC
Cobra tooling, manufactured during the 1960's predominantly for the
American market. Autokraft is in the process of finalizing a U.S.
distribution agreement and will show the car at the North American
International Auto Show in Detroit in January 1995.
The applicant believes that it will comply with Standard No. 208
six months before January 1, 1997, when the 2-year extension of its
exemption that it has requested would expire.
Interested persons are invited to submit comments on the
application described above. Comments should refer to Docket No. 92-50;
Notice 3, and be submitted to: Docket Section, National Highway Traffic
Safety Administration, room 5109, 400 Seventh St. 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
petition will be published in the Federal Register pursuant to the
authority indicated below.
Comment closing date: January 18, 1995.
Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR
1.50 and 501.8.
Issued on: December 13, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-31081 Filed 12-16-94; 8:45 am]
BILLING CODE 4910-59-P