Saleen, Inc.; Receipt of Application for a Temporary Exemption From Federal Motor Vehicle Safety Standard No. 208, 39392-39394 [E6-10891]
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39392
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
Quattroporte, because the steering
column and steering wheel are
incompatible with the electrical system
in the Coupe/Spyder. Use of the
Quattroporte’s passenger air bag would
require redesigning the entire CoupeSpyder dashboard. To position the
Quattroporte’s sensors in the CoupeSpyder, it would have been necessary to
change the seats. The sensors also could
not be packaged in the Coupe-Spyder
due to space problems, and the sensor
software was incompatible with the
Coupe-Spyder’s electrical system.
Maserati argues that an exemption
would be in the public interest. Maserati
put forth several arguments in favor of
a finding that the requested exemption
is consistent with the public interest.
Specifically, Maserati asserts the current
Coupe-Spyder’s air bag system does not
pose a safety risk. Maserati knows of no
injuries caused by the Coupe-Spyder’s
current standard air bag system. If the
exemption is denied and Maserati stops
U.S. sales, Maserati states that its
goodwill with its U.S. dealer’s would be
negatively impacted. Further, Maserati
asserts that denial of an exemption
would reduce the consumer choice in
the specialty sports car market sector
into which Maserati cars are offered.
Masearti asserts that the Coupe-Spyder
will not be used extensively by owners,
and is unlikely to carry small children.
Finally, according to Maserati, granting
an exemption would assure the
continued availability of proper parts
and service support for existing
Maserati owners.
IX. Issuance of Notice of Final Action
We are providing a 15 day comment
period in light of the short period of
time between now and the time the
advanced air bag requirements become
effective for small volume
manufacturers, i.e., September 1, 2006.
After considering public comments and
other available information, we will
publish a notice of final action on the
application in the Federal Register.
Issued on: July 5, 2006.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. E6–10892 Filed 7–11–06; 8:45 am]
sroberts on PROD1PC70 with NOTICES
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2006–25323]
Saleen, Inc.; Receipt of Application for
a Temporary Exemption From Federal
Motor Vehicle Safety Standard No. 208
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of application
for a temporary exemption from
provisions of Federal Motor Vehicle
Safety Standard No. 208, Occupant
crash protection.
AGENCY:
SUMMARY: In accordance with the
procedures of 49 CFR part 555, Saleen,
Inc. (Saleen) has applied for an
extension of a Temporary Exemption
from the automatic restraint
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 208,
Occupant Crash Protection, and an
additional exemption from the
advanced air bag requirements of that
standard, both for the Saleen S7. The
basis of the application is that
compliance would cause substantial
economic hardship to a manufacturer
that has tried in good faith to comply
with the standard.1
We are publishing this notice of
receipt of the application in accordance
with the requirements of 49 U.S.C.
30113(b)(2), and have made no
judgment on the merits of the
application.
DATES: You should submit your
comments not later than July 27, 2006.
FOR FURTHER INFORMATION CONTACT: Ed
Glancy or Eric Stas in the Office of Chief
Counsel, NCC–112, (Phone: 202–366–
2992; Fax 202–366–3820).
SUPPLEMENTARY INFORMATION:
I. Background
A manufacturer is eligible to apply for
a hardship exemption if its total motor
vehicle production in its most recent
year of production does not exceed
10,000, as determined by the NHTSA
Administrator (15 U.S.C. 1410(d)(1)).
Saleen has manufactured less than 20
Saleen S7’s a year between model years
2003 and 2005. Applicant’s other line of
business consists of altering Ford
Mustang vehicles. Saleen stated that it
produced approximately 1500 Saleen
Mustangs in model year 2005.
In June 2001, NHTSA granted Saleen
a two-year hardship exemption from the
1 To view the application using the Docket
number listed above, please go to: https://
dms.dot.gov/search/searchFormSimple.cfm.
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automatic restraint requirements of
FMVSS No. 208 (S4.1.5.3), expiring on
April 16, 2003 (66 FR 33298; June 21,
2001). On January 22, 2004, we granted
a renewal of the exemption for an
additional three years, expiring on
September 1, 2006.2 Saleen has applied
for a renewal of that exemption as well
as an exemption from the advanced air
bag provisions of FMVSS No. 208
(S14.2).3
In September of 2005, Saleen
submitted an application for further
exemption from the automatic restraint
requirements of FMVSS No. 208, as well
as an exemption from the advanced air
bag requirements of the standard. Saleen
subsequently withdrew the petition, and
later resubmitted the application in
January of 2006. Saleen then provided
supplemental information May 11,
2006.
In 2000, NHTSA upgraded the
requirements for air bags in passenger
cars and light trucks, requiring what is
commonly known as ‘‘advanced air
bags.’’ 4 The upgrade was designed to
meet the goals of improving protection
for occupants of all sizes, belted and
unbelted, in moderate to high speed
crashes, and of minimizing the risks
posed by air bags to infants, children,
and other occupants, especially in low
speed crashes.
The advanced air bag requirements
were a culmination of a comprehensive
plan that the agency announced in 1996
to address the adverse effects of air bags.
This plan also included an extensive
consumer education program to
encourage the placement of children in
rear seats. The new requirements were
phased in beginning with the 2004
model year.
Small volume manufacturers are not
subject to the advanced air bag
requirements until September 1, 2006,
but their efforts to bring their respective
vehicles into compliance with these
requirements began several years ago.
However, because the new requirements
were challenging, major air bag
suppliers concentrated their efforts on
working with large-scale manufacturers
and thus, until recently, small volume
2 In accordance with 49 CFR 555.8(e), Saleen’s
original exemption remained in effect until the
publication of the 2004 grant notice because the
application for renewal was filed more than 60 days
prior to the expiration of the exemption.
3 Saleen’s application states that Saleen is
requesting an exemption from the advanced air bag
provisions, which it cited as S5.1.1(b). S5.1.1 is the
advanced air bag provision for occupant crash
protection requirements for the 50th percentile
adult male in a frontal barrier crash test. We believe
that Saleen meant to cite S14.2, which establishes
all of the advanced air bag requirements, including
those for the 5th percentile adult female, children,
and infants.
4 See 65 FR 30680; May 12, 2000.
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
manufacturers had limited access to
advanced air bag technology. Because of
the nature of the requirements for
protecting out-of-position occupants,
‘‘off-the-shelf’’ systems could not be
readily adopted. Further complicating
matters, because small volume
manufacturers build so few vehicles, the
costs of developing custom advanced air
bag systems compared to potential
profits discouraged some air bag
suppliers from working with small
volume manufacturers.
The agency has carefully tracked
occupant fatalities resulting from air bag
deployment. Our data indicates that the
agency’s efforts in the area of consumer
education and manufacturers’ providing
de-powered air bags were successful in
reducing air bag fatalities even before
advanced air bag requirements were
implemented.
We note that Saleen is requesting not
only an exemption from the advanced
air bag requirements, but also a
continued exemption from the
automatic restraint requirements
altogether. As always, we are concerned
about the potential safety implication of
any temporary exemptions granted by
this agency. The agency is accepting
comment on granting Saleen’s
application.
II. Saleen’s Statement of Need and
Good Faith Effort
Saleen stated that its previous
exemption extension request was
intended to provide sufficient time for
Saleen to sell and ship the Saleen S7
vehicles to generate the necessary cash
flow to support the development of an
air bag system that would be compliant
with the advanced air bag requirements.
The applicant stated that it intended to
produce and sell a total of 36 vehicles
by the end of 2003, with production
slowly increasing to a rate of 50 vehicles
per year. Saleen projected that this sales
rate would have generated
approximately $12.8 million in annual
gross revenue by the end of 2003, which
would then increase to approximately
$17.8 million in annual gross revenue
with the annual production of 50
vehicles. Saleen presented its actual
annual sales as 13 vehicles, 8 vehicles,
and 14 vehicles, in model years 2003,
2004, and 2005, respectively.
In the January 2005 application,
Saleen stated that it intended to sell a
total of 25 vehicles in the United States
by the end of 2005, and an additional 10
vehicles in Europe. Maintaining an
annual sales level of 35 vehicles, Saleen
would generate a total of approximately
$17.8 million. Saleen revised these
projections stating that it was uncertain
whether it would manufacturer the
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18:23 Jul 11, 2006
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Saleen S7 for international sale, as
European homologation is pending.
However, Saleen stated that increased
sales of its other products in
conjunction with the sales of the Saleen
S7 will allow it to develop an air bag
system that is compliant with FMVSS
No. 208 by the end of calendar year
2008 at a cost of approximately $3.8
million. Saleen stated that this
timeframe does not account for any
delays, and as such, it is requesting a
three year exemption, expiring
September 1, 2009.
Saleen noted that in its previous
application it explained that Saleen’s
relationship with Ford Motor Company
in assisting in the manufacture of the
Ford GT, an exotic sports car, would
allow Saleen to rely on many of the
components from the Ford GT.
However, Saleen stated that the Ford GT
was not manufactured as complying
with the advanced air bag requirements.
As such, Saleen stated that it was not
able to rely on the advanced air bag
technology used in the Ford GT.
Since the original air bag exemption,
Saleen stated that it has hired an
engineering project manger responsible
for air bag development, has been
working with engineers at Takata,
Autoliv, and Bosch in researching all of
the program requirements as well as
developing a test plan and component
designs for development of a system
compliant with the advanced air bag
requirement. Saleen also stated that it is
working with Kettering University in
Flint Michigan for additional research
and testing.
III. Saleen’s Statement of Public
Interest
The applicant put forth several
arguments in favor of a finding that the
requested exemption is consistent with
the public interest. Specifically, Saleen
stated that the Saleen S7 is a unique
vehicle designed and produced in the
United States utilizing many domestic
sourced components. If an exemption
were granted Saleen stated that it would
be able to maintain its current payroll of
150 full time employees and continue
the purchase of domestic sourced
components. Further, Saleen stated that
the Saleen S7 otherwise conforms to all
applicable FMVSSs.
IV. How You May Comment on the
Saleen Application
We invite you to submit comments on
the application described above. You
may submit comments (identified by the
DOT Docket number in the heading of
this document) by any of the following
methods:
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39393
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site by clicking on ‘‘Help and
Information’’ or ‘‘Help/Info.’’
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided.
Docket: For access to the docket in
order to read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 am and 5
pm, Monday through Friday, except
Federal Holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
We are providing a 15 day comment
period in light of the short period of
time between now and September 1,
2006. We shall consider all comments
received before the close of business on
the comment closing date indicated
below. To the extent possible, we shall
also consider comments filed after the
closing date. We shall publish a notice
of final action on the application in the
Federal Register pursuant to the
authority indicated below.
(49 U.S.C. 30113; delegations of
authority at 49 CFR 1.50. and 501.8)
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39394
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
Issued on: July 5, 2006.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. E6–10891 Filed 7–11–06; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Research and Innovative Technology
Administration
[Docket Number: RITA–2006–25247]
Request for Public Comments
Research and Innovative
Technology Administration (RITA),
DOT.
ACTION: Notice and request for
comments.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: Pursuant to section 5208 of
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU), the
Secretary of Transportation, acting
through the Administrator of the
Research and Innovative Technology
Administration (RITA), is developing a
5-year transportation research and
development strategic plan. The
purpose of this notice is to invite
interested parties to review and submit
comments on the draft Strategic
Research, Development and Technology
Plan of the Department of
Transportation (DOT). The plan can be
found by using the above docket
number at https://dms.dot.gov.
DATES: Comments must be received on
or before August 9, 2006.
ADDRESSES: You can mail or handdeliver comments to the U.S.
Department of Transportation (DOT),
Dockets Management System (DMS).
You may submit your comments by mail
or in person to the Docket Clerk, Docket
No. RITA–2006–25247, U.S. Department
of Transportation, 400 Seventh Street,
SW., Room PL–401, Washington, DC
20590–0001. Comments should identify
the docket number; paper comments
should be submitted in duplicate. The
DMS is open for examination and
copying, at the above address, from 9
a.m. to 5 p.m., Monday through Friday,
except federal holidays. If you wish to
receive confirmation of receipt of your
written comments, please include a selfaddressed, stamped postcard with the
following statement: ‘‘Comments on
Docket RITA–2006–25247.’’ The Docket
Clerk will date stamp the postcard prior
to returning it to you via the U.S. mail.
Please note that due to delays in the
delivery of U.S. mail to Federal offices
in Washington, DC, we recommend that
persons consider an alternative method
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18:23 Jul 11, 2006
Jkt 208001
(the Internet, fax, or professional
delivery service) to submit comments to
the docket and ensure their timely
receipt at U.S. DOT. You may fax your
comments to the DMS at (202) 493–
2251.
If you wish to file comments using the
Internet, you may use the DOT DMS
Web site at https://dms.dot.gov. Please
follow the online instructions for
submitting an electronic comment. You
can also review comments online at the
DMS Web site at https://dms.dot.gov.
Please note that anyone is able to
electronically search all comments
received into our docket management
system by the name of the individual
submitting the comment (or signing the
comment if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; pages 19477–
78) or you may review the Privacy Act
Statement at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Lydia E. Mercado, RTD–10, Room 2440,
Office of Research, Development &
Technology, Research and Innovative
Technology Administration, 400
Seventh Street, SW., Washington, DC
20590; (202) 366–3372; Fax No. (202)
366–3671; e-mail:
lydia.mercado@dot.gov. Office hours are
from 7:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
On August 10, 2005, the President
signed into law the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
(Pub. L. 109–59, 119 Stat. 1144). Title V,
Subtitle B, section 5208(a) requires that
the Secretary develop a 5-year
transportation research and
development strategic plan to guide
Federal research and development
activities. Furthermore, Section
5208(c)(1) requires that said plan be
reviewed by the National Research
Council.
A. Content of the Department of
Transportation’s Strategic Research,
Development and Technology Plan
(RD&T)
The DOT Strategic RD&T Plan 2006–
2010 presents the Department’s broad
approach to RD&T over the next five
years and beyond. The plan describes
the strategic goals that are the primary
purposes for RD&T; the RD&T strategies
the Department will pursue to
accomplish these goals; and, for each
RD&T strategy, the anticipated funding
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levels and information the Department
expects to gain. Importantly, the plan
also identifies the emerging research
priorities that the Department intends to
pursue over the next several years. The
plan incorporates the RD&T programs of
all DOT operating administrations and
considers how research by other Federal
agencies, state DOTs, the private sector,
and others contributes to DOT
objectives and how unnecessary
duplication is avoided.
Plan Development
This Strategic RD&T Plan was
developed as part of an ongoing
planning process that incorporates
multi-year strategic planning, annual
program planning, and budget and
performance planning across the
Department. This process is led by two
internal planning bodies: The RD&T
Planning Council and the RD&T
Planning Team. Through a broad
Department-wide process, the RD&T
Planning Council has identified a set of
RD&T strategies and emerging research
priority areas that will advance DOT
goals and guide RD&T investments over
the next five years. These RD&T
strategies and priorities provide the
framework for this plan and for RD&T
across the Department. As required by
SAFETEA–LU, this plan will be
reviewed by the National Research
Council and incorporate input from a
range of stakeholders, including state
and local transportation agencies, notfor-profit institutions, academia, and the
private sector. This outreach and review
process will continue as DOT revises
the plan to reflect changing priorities,
operating administration mission
requirements, and customer needs.
B. RD&T Strategies
Through its RD&T Planning Council,
the Department has identified the
critical RD&T strategies that will
address the relevant factors affecting the
Nation’s transportation system and
advance DOT goals. These overarching
strategies serve as the primary research
topics for the Department’s RD&T
programs and activities. DOT’s RD&T
strategies for the next five years are as
follows:
Safety
1. Sponsor and conduct research to
understand and address the causal
factors and risks in accidents and to
anticipate future safety risks in all
transportation modes.
2. Sponsor and conduct research to
determine the most effective ways of
mitigating the consequences of
transportation accidents and incidents
in all modes.
E:\FR\FM\12JYN1.SGM
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Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Pages 39392-39394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10891]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2006-25323]
Saleen, Inc.; Receipt of Application for a Temporary Exemption
From Federal Motor Vehicle Safety Standard No. 208
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of application for a temporary exemption from
provisions of Federal Motor Vehicle Safety Standard No. 208, Occupant
crash protection.
-----------------------------------------------------------------------
SUMMARY: In accordance with the procedures of 49 CFR part 555, Saleen,
Inc. (Saleen) has applied for an extension of a Temporary Exemption
from the automatic restraint requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 208, Occupant Crash Protection, and an
additional exemption from the advanced air bag requirements of that
standard, both for the Saleen S7. The basis of the application is that
compliance would cause substantial economic hardship to a manufacturer
that has tried in good faith to comply with the standard.\1\
---------------------------------------------------------------------------
\1\ To view the application using the Docket number listed
above, please go to: https://dms.dot.gov/search/searchFormSimple.cfm.
---------------------------------------------------------------------------
We are publishing this notice of receipt of the application in
accordance with the requirements of 49 U.S.C. 30113(b)(2), and have
made no judgment on the merits of the application.
DATES: You should submit your comments not later than July 27, 2006.
FOR FURTHER INFORMATION CONTACT: Ed Glancy or Eric Stas in the Office
of Chief Counsel, NCC-112, (Phone: 202-366-2992; Fax 202-366-3820).
SUPPLEMENTARY INFORMATION:
I. Background
A manufacturer is eligible to apply for a hardship exemption if its
total motor vehicle production in its most recent year of production
does not exceed 10,000, as determined by the NHTSA Administrator (15
U.S.C. 1410(d)(1)). Saleen has manufactured less than 20 Saleen S7's a
year between model years 2003 and 2005. Applicant's other line of
business consists of altering Ford Mustang vehicles. Saleen stated that
it produced approximately 1500 Saleen Mustangs in model year 2005.
In June 2001, NHTSA granted Saleen a two-year hardship exemption
from the automatic restraint requirements of FMVSS No. 208 (S4.1.5.3),
expiring on April 16, 2003 (66 FR 33298; June 21, 2001). On January 22,
2004, we granted a renewal of the exemption for an additional three
years, expiring on September 1, 2006.\2\ Saleen has applied for a
renewal of that exemption as well as an exemption from the advanced air
bag provisions of FMVSS No. 208 (S14.2).\3\
---------------------------------------------------------------------------
\2\ In accordance with 49 CFR 555.8(e), Saleen's original
exemption remained in effect until the publication of the 2004 grant
notice because the application for renewal was filed more than 60
days prior to the expiration of the exemption.
\3\ Saleen's application states that Saleen is requesting an
exemption from the advanced air bag provisions, which it cited as
S5.1.1(b). S5.1.1 is the advanced air bag provision for occupant
crash protection requirements for the 50th percentile adult male in
a frontal barrier crash test. We believe that Saleen meant to cite
S14.2, which establishes all of the advanced air bag requirements,
including those for the 5th percentile adult female, children, and
infants.
---------------------------------------------------------------------------
In September of 2005, Saleen submitted an application for further
exemption from the automatic restraint requirements of FMVSS No. 208,
as well as an exemption from the advanced air bag requirements of the
standard. Saleen subsequently withdrew the petition, and later
resubmitted the application in January of 2006. Saleen then provided
supplemental information May 11, 2006.
In 2000, NHTSA upgraded the requirements for air bags in passenger
cars and light trucks, requiring what is commonly known as ``advanced
air bags.'' \4\ The upgrade was designed to meet the goals of improving
protection for occupants of all sizes, belted and unbelted, in moderate
to high speed crashes, and of minimizing the risks posed by air bags to
infants, children, and other occupants, especially in low speed
crashes.
---------------------------------------------------------------------------
\4\ See 65 FR 30680; May 12, 2000.
---------------------------------------------------------------------------
The advanced air bag requirements were a culmination of a
comprehensive plan that the agency announced in 1996 to address the
adverse effects of air bags. This plan also included an extensive
consumer education program to encourage the placement of children in
rear seats. The new requirements were phased in beginning with the 2004
model year.
Small volume manufacturers are not subject to the advanced air bag
requirements until September 1, 2006, but their efforts to bring their
respective vehicles into compliance with these requirements began
several years ago. However, because the new requirements were
challenging, major air bag suppliers concentrated their efforts on
working with large-scale manufacturers and thus, until recently, small
volume
[[Page 39393]]
manufacturers had limited access to advanced air bag technology.
Because of the nature of the requirements for protecting out-of-
position occupants, ``off-the-shelf'' systems could not be readily
adopted. Further complicating matters, because small volume
manufacturers build so few vehicles, the costs of developing custom
advanced air bag systems compared to potential profits discouraged some
air bag suppliers from working with small volume manufacturers.
The agency has carefully tracked occupant fatalities resulting from
air bag deployment. Our data indicates that the agency's efforts in the
area of consumer education and manufacturers' providing de-powered air
bags were successful in reducing air bag fatalities even before
advanced air bag requirements were implemented.
We note that Saleen is requesting not only an exemption from the
advanced air bag requirements, but also a continued exemption from the
automatic restraint requirements altogether. As always, we are
concerned about the potential safety implication of any temporary
exemptions granted by this agency. The agency is accepting comment on
granting Saleen's application.
II. Saleen's Statement of Need and Good Faith Effort
Saleen stated that its previous exemption extension request was
intended to provide sufficient time for Saleen to sell and ship the
Saleen S7 vehicles to generate the necessary cash flow to support the
development of an air bag system that would be compliant with the
advanced air bag requirements. The applicant stated that it intended to
produce and sell a total of 36 vehicles by the end of 2003, with
production slowly increasing to a rate of 50 vehicles per year. Saleen
projected that this sales rate would have generated approximately $12.8
million in annual gross revenue by the end of 2003, which would then
increase to approximately $17.8 million in annual gross revenue with
the annual production of 50 vehicles. Saleen presented its actual
annual sales as 13 vehicles, 8 vehicles, and 14 vehicles, in model
years 2003, 2004, and 2005, respectively.
In the January 2005 application, Saleen stated that it intended to
sell a total of 25 vehicles in the United States by the end of 2005,
and an additional 10 vehicles in Europe. Maintaining an annual sales
level of 35 vehicles, Saleen would generate a total of approximately
$17.8 million. Saleen revised these projections stating that it was
uncertain whether it would manufacturer the Saleen S7 for international
sale, as European homologation is pending.
However, Saleen stated that increased sales of its other products
in conjunction with the sales of the Saleen S7 will allow it to develop
an air bag system that is compliant with FMVSS No. 208 by the end of
calendar year 2008 at a cost of approximately $3.8 million. Saleen
stated that this timeframe does not account for any delays, and as
such, it is requesting a three year exemption, expiring September 1,
2009.
Saleen noted that in its previous application it explained that
Saleen's relationship with Ford Motor Company in assisting in the
manufacture of the Ford GT, an exotic sports car, would allow Saleen to
rely on many of the components from the Ford GT. However, Saleen stated
that the Ford GT was not manufactured as complying with the advanced
air bag requirements. As such, Saleen stated that it was not able to
rely on the advanced air bag technology used in the Ford GT.
Since the original air bag exemption, Saleen stated that it has
hired an engineering project manger responsible for air bag
development, has been working with engineers at Takata, Autoliv, and
Bosch in researching all of the program requirements as well as
developing a test plan and component designs for development of a
system compliant with the advanced air bag requirement. Saleen also
stated that it is working with Kettering University in Flint Michigan
for additional research and testing.
III. Saleen's Statement of Public Interest
The applicant put forth several arguments in favor of a finding
that the requested exemption is consistent with the public interest.
Specifically, Saleen stated that the Saleen S7 is a unique vehicle
designed and produced in the United States utilizing many domestic
sourced components. If an exemption were granted Saleen stated that it
would be able to maintain its current payroll of 150 full time
employees and continue the purchase of domestic sourced components.
Further, Saleen stated that the Saleen S7 otherwise conforms to all
applicable FMVSSs.
IV. How You May Comment on the Saleen Application
We invite you to submit comments on the application described
above. You may submit comments (identified by the DOT Docket number in
the heading of this document) by any of the following methods:
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site by clicking on
``Help and Information'' or ``Help/Info.''
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to https://dms.dot.gov, including any personal information
provided.
Docket: For access to the docket in order to read background
documents or comments received, go to https://dms.dot.gov at any time or
to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 am and 5 pm, Monday through
Friday, except Federal Holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
We are providing a 15 day comment period in light of the short
period of time between now and September 1, 2006. We shall consider all
comments received before the close of business on the comment closing
date indicated below. To the extent possible, we shall also consider
comments filed after the closing date. We shall publish a notice of
final action on the application in the Federal Register pursuant to the
authority indicated below.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and
501.8)
[[Page 39394]]
Issued on: July 5, 2006.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E6-10891 Filed 7-11-06; 8:45 am]
BILLING CODE 4910-59-P