[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27593-27594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12664]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-107; Notice 2]
Excalibur Automobile Corp.; Grant of Application for Decision of
Inconsequential Noncompliance
Excalibur Automobile Corporation (Excalibur) of Milwaukee,
Wisconsin, determined that some of its vehicles failed to comply with
the automatic restraint system requirements of 49 CFR 571.208, Federal
Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant Crash
Protection,'' and filed an appropriate report pursuant to 49 CFR part
573, ``Defect and Noncompliance Reports.'' Excalibur has also applied
to be exempted from the notification and remedy requirements of 49
U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the application was published on January 5,
1995 (60 FR 1823). This notice grants the application.
Paragraph S4.1.4 of FMVSS No. 208 requires that vehicles
manufactured on or after September 1, 1989, be equipped with a
restraint system at each front outboard designated seating position
that meets the standard's frontal crash protection requirements by
means that require no action by vehicle occupants. This type of system
is referred to as an automatic restraint system.
Excalibur manufactured 59 model year 1993, 1994, and 1995 JAC 427
Cobras without automatic restraint systems. These vehicles all contain
Type 2, three-point harness active restraint systems. However, as
Excalibur noted in its part 573 Report filed concurrently with the
application under consideration, ``36 JAC 427 Cobras are in dealers'
possession and 15 have been acquired by ultimate purchasers. The
remaining automobiles remain in the possession of Excalibur.'' NHTSA
granted Excalibur's application for temporary exemption on March 6,
1995 (60 FR 12281), an agency action that covers the 36 unsold cars in
dealer stock and in Excalibur's possession. Therefore, only the 15 cars
that have been sold remain subject to the application under
consideration.
Excalibur supported its application for inconsequential
noncompliance with the following. The 15 JAC 427 Cobras all contain
Type 2, three-point harness active restraint systems. Bringing these
vehicles into compliance with paragraph S4.1.4 of FMVSS 208 would be
very difficult from an engineering perspective, and whatever feasible
solutions may be available, would most likely result in significant
expense for Excalibur, a small financially-strapped company.
As set forth below, Excalibur argued that the overall safety risk
from noncompliance with paragraph S4.1.4 of FMVSS 208 is
inconsequential because of (1) the vehicle's specialized and limited
use and small number and (2) Excalibur's belief that Cobra owners have
a relatively high level of safety belt use and (3) Excalibur's proposal
to boost further Cobra safety belt use by placing a warning label in
the vehicle.
1. The Overall Safety Risk From Noncompliance of Excalibur's (15) JAC
427 Cobras With FMVSS 208 Is Inconsequential Given Their Specialized
And Limited Use And Small Number
The JAC 427 Cobra is not an ordinary passenger automobile
designed for daily use. It is a classically-styled automobile viewed
as a collector's item by automobile purchasers. * * * The JAC 427
Cobra is a convertible which seats two persons, and has a small
trunk. As a result, it is not designed to be used as a family's
primary passenger vehicle. Instead, the JAC 427 Cobra is typically
driven only short distances from an owner's home. Owners of these
(sic) type of automobiles generally drive these automobiles no more
than 4000 miles per year.
Excalibur has never planned to produce many JAC 427 Cobras due
to the limited capacity of its manufacturing facilities and the
nature of its manufacturing process. For example, the highest
monthly total of JAC 427 Cobra automobiles ever produced was 17.
Only 59 of these automobiles were produced for sale in the U.S.
between January 1993 and September 1994, a 21-month period. In 1995,
Excalibur's total planned production is only 100-180 JAC 427 Cobras
for sale worldwide, or no more than 15 per month. Of the 100-180,
only 60% of the JAC 427 Cobras, or 60-108, are proposed for sale in
the U.S.
The collector's nature of the JAC 427 Cobra, the low number of
miles that these types of vehicles are driven on any consistent
basis, and the small number of actual JAC 427 Cobras that do not
comply with FMVSS 208 illustrate the overall reduced safety risk of
these vehicles, especially when compared to the overall risk posed
by the average use of the standard family passenger vehicle. Thus,
the total effect of the existence of only (15) JAC 427 noncomplying
automobiles--which are meant for weekend pleasure driving--is
inconsequential in relation to the overall level of motor vehicle
safety in the U.S.
2. The Safety Risk From Noncompliance Of Excalibur's (15) JAC 427
Cobras With FMVSS 208 Is Inconsequential Due To Probable Existing Cobra
Safety Belt Use And To Excalibur's Proposal To Boost Cobra Safety Belt
Use
The use of safety belts has been shown to significantly reduce
injuries and fatalities in automobile crashes. See generally NHTSA,
Evaluation of the Effectiveness of Occupant Protection--FMVSS 208
Interim Report, June 1992 (hereinafter referred to as ``Interim
Report''). Use of safety belts has increased dramatically since 1983
due to the enactment of state mandatory safety belt laws and the
installation of automatic safety belt systems. By May of 1992, 42
states plus the District of Columbia and Puerto Rico had enacted
laws requiring the use of safety belts. Interim Report at v. Safety
belt use overall increased nationwide to nearly 59% in late 1991,
ranging from 24% in Mississippi to 83% in Hawaii. NHTSA,
Effectiveness of Occupant Protection Systems and Their Use--Report
to Congress, January 1993. Manual safety belt use nationwide reached
56% in 1991, and may be even higher today due to increased safety
awareness. See Interim Report at viii.
An informal survey of Excalibur automobile owners, including
those of the JAC 427 Cobra, revealed that these owners on average
are 45 year-old males with greater incomes and higher levels of
education than the general population. Unlike youthful segments of
the population who are more prone to reckless driving, Excalibur
automobile owners are predominantly established, responsible people
who value their personal safety and the quality and uniqueness of
their investment in an Excalibur automobile. As a result, Excalibur
opines that the owners of the JAC 427 Cobras are more likely to be
wearing a safety belt while driving than other segments of the
population, such as young single males.
To ensure even higher safety belt use in its JAC 427 Cobras, and
thereby increase the safety of the driver and passenger, Excalibur
proposes reminding in the strongest terms possible both the driver
and passenger of the consequences of not using their safety belts.
Excalibur would accomplish this by posting a warning label plainly
and clearly visible to both the driver and passenger which states as
follows: [[Page 27594]]
WARNING: YOU MUST USE THE SEATBELT PROVIDED IN THIS VEHICLE. IT IS THE
LAW. FAILURE TO USE THE SEATBELT COULD RESULT IN SERIOUS INJURY OR
DEATH SINCE THIS CAR DOES NOT HAVE AN AIRBAG OR AUTOMATIC RESTRAINT
SYSTEM.
Such a label should boost safety belt use by the drivers and
passengers of the 59 JAC 427 Cobras, making the safety risk
inconsequential by comparison to the safety risk associated with
automobiles having automatic restraint systems.
No comments were received on the application.
As noted, the agency has granted Excalibur's application for
temporary exemption, on grounds that immediate compliance would cause
it substantial economic hardship. An additional finding was that the
exemption would be consistent with the public interest and motor
vehicle safety. This finding was reached in part on the limited number
of vehicles that will be covered by the exemption during its life.
Given the fact that there are far fewer vehicles covered by the
application under consideration, and that the noncompliance apparently
cannot be remedied by repair, the agency wishes to reach a decision
that is consistent with that reached in granting the application for
temporary exemption. Given the fact that there are 15 vehicles involved
here, and that they comply with the requirements of FMVSS No. 208 that
were once in effect, Excalibur's noncompliance may be deemed
inconsequential to safety.
NHTSA concurs with Excalibur's plan to provide a warning label, but
points out to Excalibur that not all States have mandatory seatbelt
laws. Further, the label implies that it is not important to use the
seatbelt if a vehicle does not have an airbag or other automatic
restraint system. It is important to use the seatbelts regardless of
whether there is an automatic restraint system. The agency calls this
to the manufacturer's attention with the expectation that the label
provided will be modified to reflect these comments.
In consideration of the foregoing, it is hereby found that the
applicant has met its burden of persuasion that the noncompliance
herein described is inconsequential to safety. Accordingly, its
application is granted, and the applicant is exempted from providing
the notification of the noncompliance that is required by 49 U.S.C.
30118, and from remedying the noncompliance, as required by 49 U.S.C.
30120.
(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 501.8)
Issued on: May 18, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-12664 Filed 5-23-95; 8:45 am]
BILLING CODE 4910-59-P
