Fisker Automotive; Receipt of Application for Temporary Exemption From Advanced Air Bag Requirements of FMVSS No. 208, 30900-30902 [2010-13122]
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30900
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices
ACTION: Notice of RTCA Special
Committee 223: Airport Surface
Wireless Communications meeting.
SUMMARY: The FAA is issuing this notice
to advise the public of a meeting of
RTCA Special Committee 223: Airport
Surface Wireless Communications.
DATES: The meeting will be held June
15–16, 2010 from 9 a.m.–5 p.m.
ADDRESSES: The meeting will be held at
RTCA, Inc., 1828 L Street, NW., Suite
805, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036;
telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for a RTCA Special
Committee 223: Airport Surface
Wireless Communications meeting. The
agenda will include:
• USAS WG Status Report and Plenary
Guidance
• Establish Agenda, Date and Place for
the next plenary meeting
• Review of Meeting summary report
• Adjourn—Expected by 3 p.m. on June
16th
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on May 25,
2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010–13142 Filed 6–1–10; 8:45 am]
BILLING CODE 4910–13–P
Tuesday, June 15, 2010
DEPARTMENT OF TRANSPORTATION
Tuesday Morning—Plenary
• Opening Session (Welcome,
Introductions, Administrative
Remarks, Approve/Review Meeting
#3 Summary, RTCA Paper No. 084–
10/SC223–007)
• Special Committee Leadership
• Designated Federal Official (DFO):
Mr. Brent Phillips
• Co-Chair: Mr. Aloke Roy,
Honeywell International
• Co-Chair: Mr. Ward Hall, ITT
Corporation
• Agenda Overview
• AeroMACS Profile Working Group
Status
• AeroMACS User Services &
Applications Ad-Hoc Working
Group Status
• 3rd Plenary action item status
• Assignment of MOPS working group
leader
• AeroMACS test and evaluation
interim results
Federal Motor Carrier Safety
Administration
Tuesday Afternoon—Profiles WG
Breakout Session
• Document Structure
• Technical work on AeroMACS Profile
sroberts on DSKD5P82C1PROD with NOTICES
Wednesday, June 16, 2010
Wednesday Morning—User Services &
Applications (USAS) Breakout Session
• User services and applications
definition
Wednesday Afternoon—Reconvene
Plenary
• Profiles WG Status Report and
Plenary Guidance
VerDate Mar<15>2010
19:08 Jun 01, 2010
Jkt 220001
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
Time and Date: June 9, 2010, 8 a.m.
until 12 Noon, Mountain Daylight Time.
Place: This meeting will take place
telephonically. Any interested person
may call Place: This meeting will take
place at the Hotel Park City, 2001 Park
Avenue, Park City, UT 84060. Any
interested person may call Mr. Avelino
Gutierrez at (505) 827–4565 to receive
the toll free number and pass code
needed to participate in this meeting by
telephone.
Status: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
Issued on: May 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–13396 Filed 5–28–10; 4:15 pm]
BILLING CODE 4910–EX–P
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0069]
Fisker Automotive; Receipt of
Application for Temporary Exemption
From Advanced Air Bag Requirements
of FMVSS No. 208
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for
temporary exemption from certain
provisions of Federal Motor Vehicle
Safety Standard (FMVSS) No. 208,
Occupant Crash Protection.
SUMMARY: In accordance with the
procedures in 49 CFR part 555, Fisker
Automotive Corporation has petitioned
the agency for a temporary exemption
from certain advanced air bag
requirements of FMVSS No. 208. The
basis for 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
This notice of receipt of an
application for temporary exemption is
published in accordance with statutory
provisions. NHTSA has not made any
judgment on the merits of the
application.
DATES: You should submit your
comments not later than July 2, 2010.
FOR FURTHER INFORMATION CONTACT:
Edward Glancy, Office of the Chief
Counsel, NCC–112, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., West Building 4th
Floor, Room W41–326, Washington, DC
20590. Telephone: (202) 366–2992; Fax:
(202) 366–3820.
Comments: We invite you to submit
comments on the application described
above. You may submit comments
identified by docket number at the
heading of this notice by any of the
following methods:
• Web Site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site by clicking
on ‘‘Help and Information’’ or ‘‘Help/
Info.’’
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
1 To view the application, go to https://
www.regulations.gov and enter the docket number
set forth in the heading of this document.
E:\FR\FM\02JNN1.SGM
02JNN1
sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices
• Hand Delivery: 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 am and 5 pm, 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. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act discussion
below. We will consider all comments
received before the close of business on
the comment closing date indicated
above. To the extent possible, we will
also consider comments filed after the
closing date.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 am
and 5 pm, Monday through Friday,
except Federal Holidays. Telephone:
(202) 366–9826.
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://www.dot.gov/
privacy.html.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above.
When you send a comment containing
information claimed to be confidential
business information, you should
include a cover letter setting forth the
information specified in our
confidential business information
regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
19:08 Jun 01, 2010
Jkt 220001
Fisker Automotive (Fisker) has
submitted a petition for exemption from
certain requirements of FMVSS No. 208,
Occupant Crash Protection, pursuant to
49 CFR Part 555, Temporary Exemption
from Motor Vehicle Safety and Bumper
Standards. Specifically, the petition
requests an exemption from paragraphs
S15, S17, S19, S21, S23, and S25 of
FMVSS No. 208, which relate to the
advanced air bag requirements. Fisker
has requested an exemption for the
Karma model, and that the exemption
period run from the date of the grant
until May 24, 2011.
In recent years, NHTSA has addressed
a number of petitions for exemption
from the advanced air bag requirements
of FMVSS No. 208. The majority of
these requests have come from small
manufacturers which have petitioned on
the basis of substantial economic
hardship to a manufacturer that has
tried in good faith to comply with the
standard. NHTSA has granted a number
of these petitions, usually in situations
where the manufacturer is supplying
standard air bags in lieu of advanced air
bags.2 In addressing these petitions,
NHTSA has recognized that small
manufacturers may face particular
difficulties in acquiring or developing
advanced air bag systems.
The basis for Fisker’s application is
substantial economic hardship to a
manufacturer that has tried in good faith
to comply with the standard. According
to the petition, Fisker is a privately held
company incorporated in the State of
Delaware, with headquarters in
California. Its total motor vehicle
production during the 12 months
preceding the filing of the petition was
0 vehicles.
The petitioner stated that the Fisker
Karma is a completely new passenger
car model. Design and development of
the Karma began in late 2007. The
Karma is being designed and developed
to meet all applicable FMVSS and EEC
regulations, including the installation of
eight air bags on the coupe version and
six air bags on the convertible version.
Fisker stated the air bag system is being
developed through cooperation with
Takata, Tass, and Bosch, which have
been granted contracts to complete the
development of the air bag systems. The
petitioner stated that these companies
were retained in 2008/2009 and are
continuing the efforts to develop an air
bag system that is fully compliant with
the requirements of FMVSS No. 208.
Fisker stated that it subcontracted the
advanced air bag system development to
2 See, e.g., grant of petition to Panoz, 72 FR 28759
(May 22, 2007), or grant of petition to Koenigsegg,
72 FR 17608 (April 9, 2007).
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
30901
experienced outside companies, and
that the air bag development costs
represent a very significant expenditure
to the company. It cited a $7,714,857
cost figure, and provided information
about what that figure includes. Fisker
stated that without a temporary
exemption, which would enable the
company to generate funds through the
sale of vehicles, it may not be able to
sustain the air bag and vehicle
development programs, causing
substantial financial economic hardship
to the company. Fisker stated that it
estimates that full compliance with
FMVSS No. 208 will be achieved before
May 24, 2011.
The petitioner stated that if the
exemption petition is approved, the
Karma models sold under the
exemption will be compliant with all
FMVSS regulations with the exception
of certain sections of FMVSS No. 208.
Fisker stated that the coupe version will
be equipped with eight functional air
bags (front, side, knee and curtain air
bags), and the convertible version will
be equipped with six functional air bags
(front, side and knee air bags). Both
versions will include seat belts with
pretensioners and load limiters. Also,
according to the petitioner, both models
will be compliant with the 50th
percentile unbelted test requirements
contained in section 13 of the standard.
Fisker argued that sales of the Karma
are in the public interest. It stated that
the Karma ‘‘is leading the way towards
the introduction of advanced lowemission vehicle technologies to the US
and world markets.’’ Fisker stated that
the Karma will be the first plug-in
hybrid passenger car available for
purchase by the general public. It also
cited benefits of employment
opportunities.
Upon receiving a petition, NHTSA
conducts an initial review of the
petition with respect to whether the
petition is complete and whether the
petitioner appears to be eligible to apply
for the requested petition. The agency
has tentatively concluded that the
petition is complete and the petitioner
eligible to apply for the requested
petition. The agency has not made any
judgment on the merits of the
application, and is placing a nonconfidential copy of the petition in the
docket.
We are providing a 30-day comment
period. After considering public
comments and other available
information, we will publish a notice of
final action on the application in the
Federal Register.
E:\FR\FM\02JNN1.SGM
02JNN1
30902
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices
Issued on: May 26, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010–13122 Filed 6–1–10; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Supplemental Draft Environmental
Impact Statement; U.S. 231 Dubois
County, IN
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of intent.
SUMMARY: The Federal Highway
Administration (FHWA), in cooperation
with the Indiana Department (INDOT),
is issuing this notice to advise the
public that FHWA will prepare a
Supplemental Draft Environmental
Impact Statement (SDEIS) for the U.S.
231 Jasper Huntingburg project in
Dubois County, Indiana.
Since publication of the 2004 U.S. 231
Draft EIS in March 2004, FHWA and
INDOT has continued to evaluate the
project and has developed additional
alternatives for consideration. The
SDEIS will re-evaluate the Preferred
Alternative identified in the 2004 U.S.
231 DEIS and compare those impacts to
the additional build alternatives. The
SDEIS will focus on the project
modifications, the existing environment
and impacts, and any new information
that has developed since the 2004 DEIS
as required by 23 CFR 771.130.
DATES: Comments on the scope of the
SDEIS for the proposed project should
be forwarded no later than July 2, 2010.
ADDRESSES: Address all comments
concerning this notice to Tim Miller,
Environmental Manager, HNTB Indiana,
Inc., 111 Monument Circle, Suite 1200,
Indianapolis, IN 46204, Telephone:
(317) 636–4682, E-mail:
tnmiller@hntb.com.
sroberts on DSKD5P82C1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Janice Osadczuk, Planning/
Environmental Specialist, Federal
Highway Administration, Indiana
Division, 575 North Pennsylvania
Street, Room 254, Indianapolis, Indiana,
Telephone: (317) 226–7486.
SUPPLEMENTARY BACKGROUND
INFORMATION: U.S. 231 extends
approximately 304 mi from U.S. 60 in
Owensboro, Kentucky, north through
Indiana to U.S. 41 near the Illinois
border. Due to the importance of the
route, U.S. 231 is included in the
National Highway System (NHS). The
NHS includes all Interstate routes, a
VerDate Mar<15>2010
19:08 Jun 01, 2010
Jkt 220001
large percentage of roads classified as
principal arterial highways and roads
important for national defense. The
NHS includes 5 percent of the national
roadway network but serves
approximately 40 percent of the nation’s
highway travel. U.S. 231 is also a part
of the National Truck Network, a
national network of highways that
allows the passage of trucks of specified
minimum dimensions and weight.
Designated as a Regional Mobility
Corridor and Commerce Corridor, U.S.
231 serves as a connection to smaller
cities and regions, feeds traffic to the
major mobility corridors and provides
for regional accessibility. As a
Commerce Corridor, U.S. 231 directly
facilitates intrastate, interstate or
international commerce or travel.
Approximately 12 mi of existing U.S.
231 through Dubois County is rural 2lane roadway. The roadway becomes 3or 4-lane through Huntingburg and
Jasper and is a north-south arterial that
divides both communities. Traffic flow
in Huntingburg is affected by delays at
an at-grade railroad crossing. In Jasper,
U.S. 231 makes two right-angle turns,
both of which have substandard corner
radii and are difficult for larger vehicles
to negotiate.
In March 2004, FHWA released the
U.S. 231 Draft EIS. FHWA and INDOT
have continued to evaluate the project
and have developed additional
alternatives for consideration and a
Final EIS has not been released within
three years of the publication of the
Draft EIS. The SDEIS will re-evaluate
the Preferred Alternative identified in
the 2004 U.S. 231 DEIS and compare
those impacts to the additional build
alternatives. The SDEIS will focus on
the project modifications, the existing
environment and impacts, and any new
information that has developed since
the 2004 DEIS as required by 23 CFR
771.130.
Environmental Issues: Possible
environmental impacts include
viewshed impacts, impacts to water
resources, wetlands, farmed wetlands,
prime farmland, sensitive biological
species and habitat, land use
compatibility impacts, impacts to
agricultural lands, displacement of
commercial and residential properties,
and potential effects to historical
properties or archaeological sites.
Alternatives: The SDEIS will consider
alternatives that include: (1) Taking no
action; (2) re-evaluation of the Preferred
Alternative identified in the 2004 DEIS;
and (3) additional build alternatives not
previously identified in the 2004 DEIS.
Public and Agency Scoping and
Comment: FHWA encourages continued
broad participation in the SDEIS process
PO 00000
Frm 00133
Fmt 4703
Sfmt 9990
and review of the resulting
environmental documents. A resource/
regulatory agency meeting is scheduled
for May 17, 2010 to re-initiate agency
participation again as FHWA continues
with the development of the SDEIS,
Final EIS, and Record of Decision. This
agency meeting will be held to solicit
input from the resource and regulatory
agencies on the nature and extent of
issues, concerns and potential impacts
to be addressed in the SDEIS, including
methods by which they will be
evaluated and discuss any changes since
the release of the 2004 DEIS. A public
information meeting will be conducted
in the City of Huntingburg in the
summer of 2010, re-initiating the public
scoping process on the SDEIS, which
will be widely publicized well in
advance of the meeting. Comments,
questions, and suggestions related to the
project and potential environmental
concerns are invited from all interested
agencies and the public at large to
ensure that the full range of issues
related to the proposed action and all
reasonable alternatives are considered
and all significant issues are identified.
These comments, questions, and
suggestions should be forwarded to the
address listed above. Notices of
availability for the Supplemental Draft
EIS, Final EIS, and Record of Decision
will be provided through direct mail,
the Federal Register and other media.
Notification also will be sent to Federal,
State, local agencies, persons, and
organizations that submit comments or
questions. Precise schedules and
locations for public meetings will be
announced in the local news media.
Interested individuals and organizations
may request to be included on the
mailing list for the distribution of
meeting announcements and associated
information.
(Catalog of Federal Domestic Assistance
Program No. 20.205, Highway Planning and
Construction. The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on Federal
programs and activities apply to the
program.)
Authority: 23 U.S.C. 31.5; 23 CFR 771.123;
49 CFR 1.48.
Robert F. Tally,
Division Administrator, Indianapolis,
Indiana.
[FR Doc. 2010–13103 Filed 6–1–10; 8:45 am]
BILLING CODE 4910–22–M
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30900-30902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13122]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0069]
Fisker Automotive; Receipt of Application for Temporary Exemption
From Advanced Air Bag Requirements of FMVSS No. 208
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for temporary exemption from
certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No.
208, Occupant Crash Protection.
-----------------------------------------------------------------------
SUMMARY: In accordance with the procedures in 49 CFR part 555, Fisker
Automotive Corporation has petitioned the agency for a temporary
exemption from certain advanced air bag requirements of FMVSS No. 208.
The basis for 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, go to https://www.regulations.gov
and enter the docket number set forth in the heading of this
document.
---------------------------------------------------------------------------
This notice of receipt of an application for temporary exemption is
published in accordance with statutory provisions. NHTSA has not made
any judgment on the merits of the application.
DATES: You should submit your comments not later than July 2, 2010.
FOR FURTHER INFORMATION CONTACT: Edward Glancy, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building 4th Floor, Room W41-326,
Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820.
Comments: We invite you to submit comments on the application
described above. You may submit comments identified by docket number at
the heading of this notice by any of the following methods:
Web Site: https://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket site by
clicking on ``Help and Information'' or ``Help/Info.''
Fax: 1-202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
[[Page 30901]]
Hand Delivery: 1200 New Jersey Avenue, SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 am and 5 pm,
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. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov at any time or to
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 am and 5 pm, Monday through Friday,
except Federal Holidays. Telephone: (202) 366-9826.
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://www.dot.gov/privacy.html.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
Fisker Automotive (Fisker) has submitted a petition for exemption
from certain requirements of FMVSS No. 208, Occupant Crash Protection,
pursuant to 49 CFR Part 555, Temporary Exemption from Motor Vehicle
Safety and Bumper Standards. Specifically, the petition requests an
exemption from paragraphs S15, S17, S19, S21, S23, and S25 of FMVSS No.
208, which relate to the advanced air bag requirements. Fisker has
requested an exemption for the Karma model, and that the exemption
period run from the date of the grant until May 24, 2011.
In recent years, NHTSA has addressed a number of petitions for
exemption from the advanced air bag requirements of FMVSS No. 208. The
majority of these requests have come from small manufacturers which
have petitioned on the basis of substantial economic hardship to a
manufacturer that has tried in good faith to comply with the standard.
NHTSA has granted a number of these petitions, usually in situations
where the manufacturer is supplying standard air bags in lieu of
advanced air bags.\2\ In addressing these petitions, NHTSA has
recognized that small manufacturers may face particular difficulties in
acquiring or developing advanced air bag systems.
---------------------------------------------------------------------------
\2\ See, e.g., grant of petition to Panoz, 72 FR 28759 (May 22,
2007), or grant of petition to Koenigsegg, 72 FR 17608 (April 9,
2007).
---------------------------------------------------------------------------
The basis for Fisker's application is substantial economic hardship
to a manufacturer that has tried in good faith to comply with the
standard. According to the petition, Fisker is a privately held company
incorporated in the State of Delaware, with headquarters in California.
Its total motor vehicle production during the 12 months preceding the
filing of the petition was 0 vehicles.
The petitioner stated that the Fisker Karma is a completely new
passenger car model. Design and development of the Karma began in late
2007. The Karma is being designed and developed to meet all applicable
FMVSS and EEC regulations, including the installation of eight air bags
on the coupe version and six air bags on the convertible version.
Fisker stated the air bag system is being developed through cooperation
with Takata, Tass, and Bosch, which have been granted contracts to
complete the development of the air bag systems. The petitioner stated
that these companies were retained in 2008/2009 and are continuing the
efforts to develop an air bag system that is fully compliant with the
requirements of FMVSS No. 208.
Fisker stated that it subcontracted the advanced air bag system
development to experienced outside companies, and that the air bag
development costs represent a very significant expenditure to the
company. It cited a $7,714,857 cost figure, and provided information
about what that figure includes. Fisker stated that without a temporary
exemption, which would enable the company to generate funds through the
sale of vehicles, it may not be able to sustain the air bag and vehicle
development programs, causing substantial financial economic hardship
to the company. Fisker stated that it estimates that full compliance
with FMVSS No. 208 will be achieved before May 24, 2011.
The petitioner stated that if the exemption petition is approved,
the Karma models sold under the exemption will be compliant with all
FMVSS regulations with the exception of certain sections of FMVSS No.
208. Fisker stated that the coupe version will be equipped with eight
functional air bags (front, side, knee and curtain air bags), and the
convertible version will be equipped with six functional air bags
(front, side and knee air bags). Both versions will include seat belts
with pretensioners and load limiters. Also, according to the
petitioner, both models will be compliant with the 50th percentile
unbelted test requirements contained in section 13 of the standard.
Fisker argued that sales of the Karma are in the public interest.
It stated that the Karma ``is leading the way towards the introduction
of advanced low-emission vehicle technologies to the US and world
markets.'' Fisker stated that the Karma will be the first plug-in
hybrid passenger car available for purchase by the general public. It
also cited benefits of employment opportunities.
Upon receiving a petition, NHTSA conducts an initial review of the
petition with respect to whether the petition is complete and whether
the petitioner appears to be eligible to apply for the requested
petition. The agency has tentatively concluded that the petition is
complete and the petitioner eligible to apply for the requested
petition. The agency has not made any judgment on the merits of the
application, and is placing a non-confidential copy of the petition in
the docket.
We are providing a 30-day comment period. After considering public
comments and other available information, we will publish a notice of
final action on the application in the Federal Register.
[[Page 30902]]
Issued on: May 26, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-13122 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-59-P