Wheego Electric Cars, Inc.; Grant of Application for Temporary Exemption From Advanced Air Bag Requirements of FMVSS No. 208, 7898-7903 [2011-3130]
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will fall within two major categories:
baseline and progress benchmarks.
• ‘‘Baseline’’ data elements reflect the
current status and nature of 9–1–1
operations from State to State. These
elements are largely descriptive in
nature, are intended to provide a general
view of existing 9–1–1 services across
the country, and are grouped within
three categories: administrative, system,
and fiscal data.
• ‘‘Progress benchmarks’’ reflect the
status of State efforts to implement
advanced next generation 9–1–1
systems and capabilities. As titled, these
data elements are largely
implementation or deployment
benchmarks against which progress can
be measured. The elements involved are
grouped in a logical order of planning,
procurement, installation and testing,
transition, and operations. Planning
through testing elements reflects both
State level and sub-State level activity
and efforts. Transitional and operational
elements specifically represent the
latter.
In order to collect information needed
to develop and implement effective
strategies that meet the Program’s goal
of providing leadership, coordination,
guidance and direction to the
enhancement of the Nation’s 9–1–1
services, NHTSA proposes to utilize a
Web-based, data reporting and
collection tool accessible through the
Web site: https://
www.911resourcecenter.org.
Description of the Likely Respondents
(Including Estimated Number, and
Proposed Frequency of Response to the
Collection of Information):
Under this proposed effort, the
9–1–1 Resource Center would
specifically request reporting entities to
voluntarily collect and annually report
the data described above utilizing the
described Web-based data collection
tool. Reporting entities are State level 9–
1–1 program officials, and the data
reported will reflect State-level
aggregated data. The total number of
respondents is identified at fifty-six
(56), including the fifty States and the
six U.S. Territories of Guam, U.S. Minor
Outlying Islands, American Samoa,
Mariana Islands, U.S. Virgin Islands,
and Puerto Rico.
The above reporting entities will be
requested to annually update data
relating to their State or territory using
the described Web-based tool.
Estimate of the Total Annual
Reporting and Recordkeeping Burden
Resulting From the Collection of
Information:
NHTSA estimates that the time
required to annually report the data
described utilizing the Web-based tool
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will be three hours (2 hours of
preparation, 1 hour of entry to Web site)
per reporting entity, for a total of 168
hours for all entities. The respondents
would not incur any reporting costs
from the information collection beyond
the time it takes to gather the
information, prepare it for reporting and
then populate the Web-based data
collection tool. The respondents also
would not incur any recordkeeping
burden or recordkeeping costs from the
information collection.
Authority: 44 U.S.C. 3506(c)(2)(A); 47
U.S.C. 942.
Issued on: February 8, 2011.
Michael L. Brown,
Acting Associate Administrator, Research
and Program Development.
[FR Doc. 2011–3119 Filed 2–10–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0118]
Wheego Electric Cars, Inc.; Grant of
Application for Temporary Exemption
From Advanced Air Bag Requirements
of FMVSS No. 208
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of grant of petition for
temporary exemption from certain
provisions of Federal Motor Vehicle
Safety Standard (FMVSS) No. 208,
Occupant Crash Protection.
AGENCY:
This notice grants the petition
of Wheego Electric Cars, Inc. (Wheego)
for the temporary exemption of its Whip
LiFe model from certain advanced air
bag requirements of FMVSS No. 208.
The basis for the exemption is that the
exemption would facilitate the
development or field evaluation of a
low-emission motor vehicle and would
not unreasonably reduce the safety level
of that vehicle.
DATES: The exemption is effective
immediately, conditioned upon
Wheego’s submission to NHTSA, at
least 30 days prior to the first delivery
of the LiFe to a distributor or dealer for
sale in the United States, the
certification test data and other data in
support of the certification of the LiFe’s
compliance with certain FMVSSs, as
discussed in the SUPPLEMENTARY
INFORMATION section. This exemption
remains in effect until February 11,
2013.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
David Jasinski, 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.
SUPPLEMENTARY INFORMATION:
I. Advanced Air Bag Requirements
In 2000, NHTSA upgraded the
requirements for air bags in passenger
cars and light trucks, requiring what are
commonly known as ‘‘advanced air
bags.’’ 1 The upgrade was designed to
meet the twin goals of improving
protection for occupants of all sizes,
belted and unbelted, in moderate-tohigh-speed crashes, and of minimizing
the risks posed by deploying 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 some
air bag designs. This plan also included
conducting rulemaking to facilitate the
depowering of air bags and conducting
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 were not
subject to the advanced air bag
requirements until September 1, 2006.
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 that have petitioned on
the basis that compliance would cause
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 agency has carefully tracked
occupant fatalities resulting from air bag
deployment. Our data indicate that the
agency’s efforts in the area of consumer
education and manufacturers’ response
to the agency’s rulemaking by providing
depowered air bags were successful in
1 See
65 FR 30680 (May 12, 2000).
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).
2 See,
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reducing air bag fatalities even before
advanced air bag requirements were
implemented.
As always, we are concerned about
the potential safety implications of any
temporary exemption granted by this
agency. In the present case, we are
addressing a petition for a temporary
exemption from the advanced air bag
requirements submitted by a
manufacturer of a plug-in electric car.
The stated basis of the petition was that
requiring compliance would cause
substantial economic hardship to a
manufacturer that has tried in good faith
to comply with the advanced air bag
requirements. However, after
consultation with the petitioner, we
have also considered the petition under
a different basis—that an exemption
would facilitate the development or
field evaluation of a low-emission motor
vehicle and would not unreasonably
lower the safety level of the vehicle.
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II. Statutory Basis for Temporary
Exemptions
The National Traffic and Motor
Vehicle Safety Act (Safety Act), codified
as 49 U.S.C. Chapter 301, authorizes the
Secretary of Transportation to exempt,
on a temporary basis and under
specified circumstances, motor vehicles
from a motor vehicle safety standard or
bumper standard. This authority is set
forth at 49 U.S.C. 30113. The Secretary
has delegated the authority in this
section to NHTSA.
NHTSA established 49 CFR Part 555,
Temporary Exemption from Motor
Vehicle Safety and Bumper Standards,
to implement the statutory provisions
concerning temporary exemptions. A
vehicle manufacturer wishing to obtain
an exemption from a standard must
demonstrate in its application (A) that
an exemption would be in the public
interest and consistent with the Vehicle
Safety Act and (B) that the manufacturer
satisfies one of the following four bases
for an exemption: (i) Compliance with
the standard would cause substantial
economic hardship to a manufacturer
that has tried to comply with the
standard in good faith; (ii) the
exemption would make easier the
development or field evaluation of a
new motor vehicle safety feature
providing a safety level at least equal to
the safety level of the standard; (iii) the
exemption would make the
development or field evaluation of a
low-emission motor vehicle easier and
would not unreasonably lower the
safety level of that vehicle; or (iv)
compliance with the standard would
prevent the manufacturer from selling a
motor vehicle with an overall safety
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level at least equal to the overall safety
level of nonexempt vehicles.
Only small manufacturers can obtain
a hardship exemption. A manufacturer
is eligible to apply for a hardship
exemption if its total motor vehicle
production in its most recent year of
production did not exceed 10,000
vehicles, as determined by the NHTSA
Administrator (49 U.S.C. 30113). In
determining whether a manufacturer of
a vehicle meets that criterion, NHTSA
considers whether another entity also
might be deemed a manufacturer of that
vehicle and whether the production
volumes of each of the two
manufacturers should be combined in
assessing whether the criterion is met. A
second entity might be deemed a
manufacturer of a vehicle in a variety of
circumstances. For example, there are
two manufacturers if one entity
produces an incomplete vehicle 3 and
another entity then modifies the
incomplete vehicle so as to produce a
completed vehicle.4 NHTSA has stated
that a manufacturer may be deemed to
be a sponsor and thus a manufacturer of
a vehicle assembled by a second
manufacturer if the first manufacturer
had a substantial role in the
development and manufacturing
process of that vehicle.
For an exemption petition to be
granted on the basis that the exemption
would make the development or field
evaluation of a low-emission motor
vehicle easier and would not
unreasonably lower the safety level of
the vehicle, the petition must include
specified information set forth at 49 CFR
555.6(c). The main requirements of that
section include: (1) Substantiation that
the vehicle is a low-emission vehicle;
(2) documentation establishing that a
temporary exemption would not
unreasonably degrade the safety of a
vehicle; (3) substantiation that a
temporary exemption would facilitate
the development or field evaluation of
the vehicle; (4) a statement of whether
the petitioner intends to conform to the
standard at the end of the exemption
period; and (5) a statement that not
more than 2,500 exempted vehicles will
be sold in the United States in any 12month period for which an exemption
may be granted.
Finally, while 49 U.S.C. 30113(b)
states that exemptions from a Safety Act
standard are to be granted on a
‘‘temporary basis,’’ 5 the statute also
expressly authorizes the agency to
renew an exemption on reapplication.
The agency wishes to caution
3 49
CFR 567.3.
4 Ibid.
5 49
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U.S.C. 30113(b)(1).
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manufacturers that the agency’s
decision to grant a manufacturer’s initial
exemption petition in no way
predetermines whether the agency will
grant a petition for renewal of an initial
exemption. The agency does not believe
it would be consistent with section
30113 for the agency to grant repeated
renewals, since doing so would impart
semi-permanent exempted status to the
manufacturer. This seems particularly
true in the case of exemptions based on
developing or evaluating a new vehicle.
Accordingly, exempted manufacturers
seeking renewal must bear in mind that
the agency is directed to consider the
public interest, consistency with the
Safety Act, generally, as well as other
specific matters provided in the statute.
III. Wheego’s Petition
Wheego 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,
for its LiFe model for a period of three
years. Specifically, the petition
requested an exemption from
paragraphs S14 (including S14.5.2)
(advanced air bag requirements), S15
(rigid barrier test requirements using 5th
percentile adult female dummies), S16
(rigid barrier test procedure), S17 (offset
frontal deformable barrier requirements
using 5th percentile adult female
dummies), S18 (test procedure for offset
frontal deformable barrier), S19
(requirements to provide protection for
infants in rear facing and convertible
child restraints and car beds), S21
(requirements using 3-year-old child
dummies), S23 (requirements using 6year-old child dummies), S25
(requirements using an out-of-position
5th percentile adult female dummy at
the driver position), S26 (procedure for
low risk deployment tests of driver air
bag), and S27 (option for dynamic
automatic suppression system that
suppresses the air bag when an
occupant is out of position) of FMVSS
No. 208.
In further submissions to the agency,
Wheego clarified its plans with respect
to S14, stating that it will certify its
vehicles to comply with the belted 50th
percentile male barrier impact test
(S14.5.1(a)). Wheego has also since
stated that it plans to certify to the
unbelted 50th percentile barrier impact
test in force prior to September 1, 2006
(S5.1.2(a)) (with the unbelted sled test
in S13 being an acceptable option for
that requirement).
Although Wheego seeks exemption
from S16, S18, S26, and S27, those
provisions set forth compliance test
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procedures for optional means of
compliance. Wheego does not need an
exemption from S16, S18, and S26,
because those provisions do not set
forth requirements with which Wheego
must certify compliance. Instead, they
set forth the compliance test procedures
for the substantive requirements in S15,
S17, and S25 respectively. Wheego also
does not need an exemption from S27,
which sets forth requirements for an
optional dynamic automatic
suppression system. Accordingly, we
have considered Wheego’s petition as
seeking an exemption from S14 (apart
from S14.5.1(a)), S15, S17, S19, S21,
S23, and S25 of FMVSS No. 208.
The stated basis for Wheego’s
application is that requiring compliance
would cause substantial economic
hardship to a manufacturer that has
tried in good faith to comply with the
standard. According to the petition,
Wheego is a privately held company
incorporated in the State of Delaware,
with headquarters in Atlanta, Georgia.
Its total motor vehicle production
during the 12 months preceding the
filing of the petition was 308 vehicles.
Wheego indicated that all of these
vehicles were all-electric Wheego Whip
LSVs (low speed vehicles). In order for
a vehicle to qualify as a low speed
vehicle under FMVSS No. 500, LowSpeed Vehicles, its top speed must not
exceed 25 miles per hour.
Wheego states that the LiFe is a zeroemission, two-door, two-seat coupe that
uses a lithium iron phosphate battery
pack to power a 60 horsepower AC
induction electric motor. The LiFe has
a high strength steel unibody chassis
made by Shijiazhuang ShuangHuan
Automobile Co. (ShuangHuan) in China.
A similar chassis (minus modifications
reportedly made by ShuangHuan to the
chassis sold to Wheego) is used by
ShuangHuan in manufacturing a
passenger car (called the ‘‘Noble’’) with
an internal combustion engine for sale
in China, Australia, Greece, and other
parts of the world outside the United
States. Wheego states that, by
purchasing and using an existing
chassis, it was able to avoid the high
cost of developing and manufacturing a
brand new vehicle design. Wheego also
states that ShuangHuan has developed
dual standard air bags for the chassis,
but not an advanced air bag system.
Wheego contends that granting an
exemption would be in the public
interest. Wheego intends the LiFe to be
‘‘one of the first affordable electric cars
available in the United States.’’ Wheego
states that electric vehicles have several
benefits, including reducing the nation’s
reliance on foreign oil and reducing
greenhouse gas and other emissions.
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Wheego also contends that, allowing it
to enter the market now would
contribute to the development of
electric vehicles in general by helping to
evaluate the market and performance of
electric vehicles with real world
experience. Wheego also cites
employment opportunities as a benefit.
Wheego intends to produce only a
limited number of LiFes in the first
three years of production, which it
contends would limit the overall impact
on motor vehicle safety. In its original
petition, Wheego projected that it would
sell 550 LiFes in 2010, 1,200 in 2011,
2,400 in 2012, and 5,000 in 2013.
Wheego has since indicated that its
anticipated production would be
approximately 100 vehicles per month
throughout the requested exemption
period. Thus, the 12-month production
total would be approximately 1,200
vehicles. Wheego states that the primary
purpose of the LiFe will be as a
commuter vehicle because it will have
a limited range compared to that of
gasoline powered vehicles. The LiFe
will have a projected range of 100 miles
and will require a minimum of 5 hours
to regain a 50 percent charge. Because
of the small sales volume and limited
range, Wheego states that the number of
hours that the LiFes will be on roads
will be lower compared to gasoline
powered vehicles, thereby reducing the
likelihood of a crash.
Wheego contends that compliance
with the advanced air bag requirements
would cause substantial economic
hardship and that Wheego has tried to
comply with the standard in good faith.
Wheego states that it cannot acquire an
off-the-shelf advanced air bag system for
the LiFe because an advanced air bag
system has never been developed for the
chassis used in the LiFe. Wheego states
that it does not have the technical or
financial resources to develop such a
system independently and would have
to cancel the development of a
passenger car and terminate its
operations if it does not obtain the
requested exemption.
In October 2009, Wheego engaged J.K.
Technologies in Baltimore, Maryland,
for help with testing and certification
requirements of the FMVSSs. Also in
October 2009, Wheego approached
TASS Engineering Services and Bosch
for help in developing an advanced air
bag system for the LiFe. Based upon this
consultation, Wheego estimates that an
advanced air bag system would cost $3
million and would take 18 months to
test and implement. In its original
petition, Wheego stated that it intended
to spend $1 million in each of 2011,
2012, and 2013, obtained from sales of
the LiFe, in an effort to develop a
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system that will comply with the
advanced air bag requirements. Wheego
stated that, based on its projected
revenues, by the end of the third year
of an exemption, Wheego should be able
to build cars with advanced air bags at
no additional cost. However, Wheego
has since indicated that, if their
exemption petition is granted, they
expect a substantial investment in their
business that would allow them to meet
the advanced air bag requirements by
September 2012.
IV. Notice of Receipt
On August 23, 2010, we published in
the Federal Register (75 FR 51870) a
notice of receipt of Wheego’s petition
for temporary exemption, and provided
an opportunity for public comment. We
received one comment, which was from
Wheego. It addressed only the issue of
sponsorship.
V. Agency Analysis and Decision
In this section, we provide our
analysis and decision regarding
Wheego’s temporary exemption request
concerning advanced air bag
requirements of FMVSS No. 208.
As discussed below, we are granting
Wheego’s petition for the LiFe to be
exempted, for a period of two years after
the date of publication of this notice in
the Federal Register, from S14 (apart
from S14.5.1(a)), S15, S17, S19, S21,
S23, and S25 of FMVSS No. 208. In
addition to certifying compliance with
the belted 50th percentile adult male
dummy barrier impact requirements in
S14.5.1(a), Wheego must certify to the
unbelted 50th percentile adult male
dummy barrier impact test requirement
that applied prior to September 1, 2006
(S5.1.2(a)). For purposes of this
exemption, the unbelted sled test in S13
is an acceptable option for that
requirement. This exemption is further
conditioned upon Wheego’s submitting
to the agency, at least 30 days before the
first delivery of the LiFe to a distributor
or dealer for sale in the United States,
all certification test data, including any
objective data, simulation data,
engineering analyses, and any other data
that forms the basis for Wheego’s
certification of the LiFe’s compliance
with the following FMVSSs: FMVSS No.
135, Light Vehicle Brake Systems;
FMVSS No. 138, Tire Pressure
Monitoring Systems; FMVSS No. 208,
Occupant Crash Protection; 6 FMVSS
No. 214, Side Impact Protection; and
FMVSS No. 216, Roof Crush Resistance.
6 Excluding the sections of FMVSS No. 208 from
which Wheego would be exempt.
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The agency’s rationale for this decision
is as follows:
a. Change in Basis for Exemption
As discussed above and in the notice
of receipt, Wheego’s application for an
exemption from the advanced air bag
requirements of FMVSS No. 208 was
based upon an argument that
compliance would cause substantial
economic hardship to a manufacturer
that has tried in good faith to comply
with the standard. However, upon
further review of Wheego’s application
and after discussions with Wheego, the
agency and Wheego agreed that its
request for an exemption would instead
be considered on the basis that the
exemption would make the
development or field evaluation of a
low-emission motor vehicle easier and
would not unreasonably lower the
safety level of the vehicle. Wheego
stated that it would not object to
NHTSA considering the petition on this
basis, if necessary to grant the petition.
In meetings with the agency and in post
petition correspondence, Wheego has
submitted additional information to the
agency.7
There are two reasons the agency has
considered Wheego’s petition under a
different basis than stated in the
application. First, as discussed in the
notice of receipt, there is a question of
Wheego’s eligibility to apply for an
economic hardship exemption. A
manufacturer is eligible to apply for an
economic hardship exemption if its total
motor vehicle production in its most
recent year of production did not exceed
10,000 vehicles, as determined by the
NHTSA Administrator (49 U.S.C.
30113). In determining whether a
manufacturer of a vehicle meets that
criterion, NHTSA considers whether a
second entity also might be deemed a
manufacturer of that vehicle. We
indicated in the notice of receipt that
another manufacturer, ShuangHuan,
produces and supplies the unibody
chassis of the LiFe. The chassis
supplied by ShuangHuan is similar to
the chassis of its Noble model. We
sought comment on whether
ShuangHuan might also be considered a
manufacturer of the LiFe, and Wheego’s
comment addresses that issue. We
believe that there is reason to regard
ShuangHuan as a manufacturer of the
LiFe. However, considering Wheego’s
petition on the basis of facilitating the
development of a low-emission vehicle
moots the question of Wheego’s
eligibility for a hardship exemption.
7 A copy of all of Wheego’s submissions and a
summary of the meeting are available in the docket.
See Docket No. NHTSA–2010–0118.
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Second, although there are different
limitations on exemptions based on the
development of a low-emission vehicle,
Wheego’s petition and subsequently
provided information together meet all
of those requirements except for one—
the length of the exemption sought.
Wheego has revised its production
targets such that not more than 2,500
exempted vehicles would be sold in the
United States in any 12-month period
for which an exemption may be granted.
Wheego has provided information
substantiating that it is producing a lowemission vehicle, documentation
establishing that a temporary exemption
would not unreasonably degrade the
safety of the vehicle, substantiation that
a temporary exemption would facilitate
the development and field evaluation of
the vehicle, and a statement that
Wheego intends to comply with all of
the requirements of FMVSS No. 208 at
the end of the exemption period. As for
the duration of the exemption, Wheego
sought a three-year hardship exemption.
However, exemptions for the
development of a low-emission motor
vehicle are limited to a two-year
duration. Accepting Wheego’s assertion
that it would take 18 months to develop
an advanced air bag system and
allowing additional time for initiating
that process and retooling, we believe
that a maximum two-year extension is
warranted based upon Wheego’s
application.
Based on the foregoing, we have
considered Wheego’s petition for an
exemption from the advanced air bag
requirements of FMVSS No. 208 on the
basis that the exemption would make
the development or field evaluation of
a low-emission motor vehicle easier and
would not unreasonably lower the
safety level of the vehicle,
notwithstanding the fact that Wheego
sought its exemption based upon
economic hardship. We address below
Wheego’s satisfaction of the criteria for
such an exemption.
b. Eligibility
NHTSA believes that the requested
exemption would make the
development or field evaluation of a
low-emission motor vehicle easier.
Wheego has stated that the LiFe will be
one of the first affordable electric cars
available in the United States. Wheego
has also stated that allowing them into
the market by granting the exemption
will expand consumer choices and
contribute to the development of
electric cars in general by helping to
evaluate the market for electric vehicles.
We agree that an exemption would
permit Wheego to offer a lower priced
electric vehicle and allow for the
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7901
evaluation of the market for these
vehicles.
NHTSA also concludes that the
granting of this exemption would not
unreasonably lower the safety or impact
protection level of the vehicle. Of
particular note, the LiFe will have air
bags and will be certified to meet the
pre-advanced air bag requirements of
FMVSS No. 208. Moreover, with the
exception of the advanced air bag
requirements, it will be required to be
certified to meet all other requirements
contained in the applicable FMVSSs.
Furthermore, we have also considered
child safety issues related to the
exemption requested by Wheego. With
respect to transporting children and
infants, Wheego noted that the LiFe is
equipped with an on-off switch for its
passenger air bag. Wheego stated that
dealers will instruct purchasers on the
use of the on-off switch and that
information also would be contained in
the owner’s manual. The passenger seat
is also equipped with a child seat
LATCH system.8 The LiFe will also
have the permanently affixed ‘‘sun visor
air bag warning label’’ and a removable
‘‘warning label on the dashboard’’ that
NHTSA developed/requires for vehicles
without advanced air bags. Thus,
parents and others will be able to
transport children in the passenger seat
of the LiFe without exposing them to
the risks of air bags, and the vehicles
will have warning labels concerning the
risks of air bags. This helps minimize
any safety risks resulting from the
vehicle not meeting requirements for
advanced air bags.
We also observe that only a limited
number of vehicles would be produced
under the temporary exemption.
Manufacturers granted exemptions on
the basis of furthering the development
of low-emission vehicles are limited to
selling 2,500 exempted vehicles in any
12-month period. Given that this is a
two-year exemption, no more than 5,000
vehicles could be built that lack the
advanced air bag protection of FMVSS
No. 208. Wheego has indicated that it
anticipates producing approximately
100 vehicles per month throughout the
duration of the exemption period for a
total of approximately 2,400 vehicles.
Based upon the above discussion
concerning safety, we believe that any
impact on safety from granting the
exemption would be negligible, and that
Wheego has satisfied the eligibility
criteria for an exemption for the
development or field evaluation of a
low-emission motor vehicle.
8 Lower Anchors and Tethers for Children
(LATCH) Restraint System.
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Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices
c. Public Interest Considerations
NHTSA has traditionally found that
the public interest is served by affording
consumers a wider variety of motor
vehicles, by encouraging the
development of fuel-efficient and
alternative-energy vehicles, and
providing additional employment
opportunities. We believe that all three
of these public interest considerations
would be served by granting Wheego’s
petition.
Given the relatively small number of
vehicles that will be produced during
the two-year exemption and the above
discussion, we believe that the
requested exemption would have a
negligible effect on motor vehicle safety.
jlentini on DSKJ8SOYB1PROD with NOTICES
d. Conditions
Pursuant to 49 U.S.C. 30113(b)(1), the
Secretary, acting through the NHTSA,
may grant temporary exemptions ‘‘on
terms the Secretary considers
appropriate.’’ Through the course of
Wheego’s application process, issues
have been raised that warrant the
attachment of a condition to this
temporary exemption.
As stated above, the advanced air bag
requirements were adopted, in part, to
minimize the risks posed by air bags to
infants, children, and other occupants,
especially in low-speed crashes.
Wheego’s initial petition made no
mention of any features in the vehicle
that would minimize the risks posed by
air bags to infants, children, and other
occupants in low-speed crashes. Only
after a notice of receipt was published
did Wheego inform the agency of its
actions to address these risks. Similarly,
and as we stated in the notice of receipt,
Wheego’s petition provided little to
explain its relationship with
ShuangHuan. It was only through
Wheego’s comment on the notice of
receipt and its subsequent petitions that
we learned of the modifications to the
Noble chassis made by Wheego for the
LiFe.
To assist the agency in learning more
about Wheego’s efforts to make design
changes to the Noble to meet all of the
FMVSSs, we are conditioning the grant
of exemption on Wheego’s submitting to
NHTSA’s Office of Vehicle Safety
Compliance all certification test data,
including any objective data, simulation
data, engineering analyses, and any
other data that forms the basis for
Wheego’s certification of the LiFe’s
compliance with the following FMVSSs:
FMVSS No. 135, Light Vehicle Brake
Systems; FMVSS No. 138, Tire Pressure
Monitoring Systems; FMVSS No. 208,
VerDate Mar<15>2010
18:55 Feb 10, 2011
Jkt 223001
Occupant Crash Protection; 9 FMVSS
No. 214, Side Impact Protection; and
FMVSS No. 216, Roof Crush Resistance.
We are requiring that this data be
submitted at least 30 days prior to
Wheego delivering a LiFe to a
distributor or dealer for sale in the
United States. If this data is not
submitted to NHTSA, Wheego cannot
offer vehicles for sale under this
exemption. NHTSA’s evaluation of this
data will help the Administrator
determine if the temporary exemption
continues to be in the public interest.
We note that 49 CFR 555.8(d)(1) allows
the Administrator to revoke a temporary
exemption if it is no longer consistent
with the public interest and the
objectives of the Safety Act.
Although Wheego seeks a three-year
exemption, we explained above that
only a two-year exemption is available
under the low-emission motor vehicle
exemption. In addition, we explained
above our reasons why a three-year
exemption is not warranted. NHTSA is
considering generally whether it is in
the public interest to continue to grant
petitions seeking temporary exemptions
from the advanced air bag requirements
and, to the extent such petitions are
granted, what plans and
countermeasures to protect child and
infant occupants, short of advanced air
bags, should be expected. In contrast to
the initial years after the advanced air
bag requirements went into effect, low
volume manufacturers have access to
advanced air bag technology. In light of
this reconsideration, we reiterate that
the exemption we are granting to
Wheego is temporary. Based upon
Wheego’s commitment to having
FMVSS No. 208 compliant advanced air
bags in the LiFe by the end of the
exemption period, we would not view a
petition to renew this temporary
extension favorably, absent a substantial
change in Wheego’s circumstances.
e. Labels
We note that, as explained below,
prospective purchasers will be notified
that the vehicle is exempted from the
specified advanced air bag requirements
of Standard No. 208. Under § 555.9(b),
a manufacturer of an exempted vehicle
must affix securely to the windshield or
side window of each exempted vehicle
a label containing a statement that the
vehicle conforms to all applicable
FMVSSs in effect on the date of
manufacture ‘‘except for Standard Nos.
[listing the standards by number and
title for which an exemption has been
granted] exempted pursuant to NHTSA
9 Excluding the sections of FMVSS No. 208 from
which Wheego would be exempt.
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
Exemption No. ___.’’ This label notifies
prospective purchasers about the
exemption and its subject. Under
§ 555.9(c), this information must also be
included on the vehicle’s certification
label.
The text of § 555.9 does not expressly
indicate how the required statement on
the two labels should read in situations
in which an exemption covers part but
not all of a FMVSS. In this case, we
believe that a statement that the vehicle
has been exempted from Standard No.
208 generally, without an indication
that the exemption is limited to the
specified advanced air bag provisions,
could be misleading. A consumer might
incorrectly believe that the vehicle has
been exempted from all of Standard No.
208’s requirements. Moreover, we
believe that the addition of a reference
to such provisions by number would be
of little use to consumers, since they
would not know the subject of those
specific provisions.10 For these reasons,
we believe the two labels should read in
relevant part, ‘‘except for the Advanced
Air Bag Requirements of Standard No.
208, Occupant Crash Protection,
exempted pursuant to * * *.’’ We note
that the phrase ‘‘Advanced Air Bag
Requirements’’ is an abbreviated form of
the title of S14 of Standard No. 208. We
believe it is reasonable to interpret
§ 555.9 as requiring this language.
f. Decision
In consideration of the foregoing, we
conclude that granting the requested
exemption from the advanced air bag
requirements of FMVSS No. 208,
Occupant Crash Protection, would
facilitate the field evaluation or
development of a low-emission vehicle,
and would not unreasonably lower the
safety or impact protection level of that
vehicle. We further conclude that
granting of an exemption would be in
the public interest and consistent with
the objectives of traffic safety.
In accordance with 49 U.S.C.
§ 30113(b)(3)(B)(iii), Wheego is granted
NHTSA Temporary Exemption No. EX
11–01, from S14 (apart from S14.5.1(a)),
S15, S17, S19, S21, S23, and S25 of
FMVSS No. 208. In addition to
certifying compliance with the belted
50th percentile adult male dummy
barrier impact requirements in
S14.5.1(a), Wheego must certify to the
unbelted 50th percentile adult male
dummy barrier impact test requirement
that applied prior to September 1, 2006
(S5.1.2(a)). For purposes of this
10 We recognize that, in prior grants of
exemptions from the advanced air bag
requirements, the agency has required the
manufacturer to list the exempted paragraphs by
number on the label.
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Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices
exemption, the unbelted sled test in S13
is an acceptable option for that
requirement.
The exemption is for the LiFe model
and shall remain in effect until two
years after the date on which notice of
this decision is published in the Federal
Register, as indicated in the DATES
section of this document. However, this
grant of exemption is conditioned on
Wheego’s providing to NHTSA, at least
30 days before delivering a vehicle to a
distributor or dealer for sale, all
certification test data, including any
objective data, simulation data,
engineering analyses, and any other data
that forms the basis for Wheego’s
certification of the LiFe’s compliance
with FMVSS Nos. 135, 138, 208, 214,
and 216.
(49 U.S.C. 30113; delegations of authority at
49 CFR 1.50. and 501.8)
Issued on: February 8, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011–3130 Filed 2–10–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 34554 (Sub-No. 14)]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
jlentini on DSKJ8SOYB1PROD with NOTICES
Pursuant to a modified written
trackage rights agreement dated January
18, 2011, BNSF Railway Company
(BNSF) has agreed to extend the
December 18, 2010 expiration date of
the local trackage rights granted to the
Union Pacific Railroad Company (UP) 1
over a BNSF line of railroad extending
from BNSF milepost 579.3 near Mill
Creek, Okla., to BNSF milepost 631.1
near Joe Junction, Tex., a distance of
approximately 52 miles.2
1 UP submits that the trackage rights being
granted here are only temporary rights but, because
they are ‘‘local’’ rather than ‘‘overhead’’ rights, they
do not qualify for the Board’s class exemption for
temporary trackage rights at 49 CFR 1180.2(d)(8).
See R.R. Consolidation Procedures, 6 S.T.B. 910
(2003). Therefore, UP concurrently has filed a
petition for partial revocation of this exemption in
Docket No. FD 34554 (Sub-No. 15), Union Pacific
Railroad—Temporary Trackage Rights Exemption—
BNSF Railway, wherein UP requests that the Board
permit the proposed local trackage rights
arrangement described in the present proceeding to
expire on or about December 18, 2011, as provided
in the parties’ agreement. That petition will be
addressed by the Board in a separate decision.
2 The trackage rights were originally granted in
Union Pacific Railroad—Temporary Trackage
Rights Exemption—The Burlington Northern and
Santa Fe Railway, FD 34554 (STB served Oct. 7,
2004). Subsequently, the parties filed notices of
VerDate Mar<15>2010
18:55 Feb 10, 2011
Jkt 223001
The transaction is scheduled to be
consummated on or after February 26,
2011, the effective date of the exemption
(30 days after the exemption is filed).
The purpose of this transaction is to
modify the temporary trackage rights
exempted in Docket No. FD 34554 (SubNo. 12) to further extend the expiration
date to on or about December 18, 2011.
The modified trackage rights will permit
UP to continue to move loaded and
empty ballast trains for use in its
maintenance-of-way projects.
As a condition to this exemption, any
employee affected by the trackage rights
will be protected by the conditions
imposed in Norfolk and Western
Railway—Trackage Rights—Burlington
Northern, Inc., 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Railway—
Lease and Operate—California Western
Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Stay petitions must be
filed by February 18, 2011 (at least 7
days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
34554 (Sub-No. 14), must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Elisa B.
Davies, General Attorney, Union Pacific
exemption several times based on their agreements
to extend expiration dates of the same trackage
rights. See FD 34554 (Sub-No. 2) (STB served
February 11, 2005); FD 34554 (Sub-No. 4) (STB
served March 3, 2006); FD 34554 (Sub-No. 6) (STB
served January 12, 2007); FD 34554 (Sub-No. 8)
(STB served January 4, 2008); FD 34554 (Sub-No.
10) (STB served January 8, 2009); and FD 34554
(Sub-No. 12) (STB served December 31, 2009).
Because the original and subsequent trackage rights
notices were filed under the class exemption at 49
CFR 1180.2(d)(7), under which trackage rights
normally remain effective indefinitely, in each
instance the Board granted partial revocation of the
class exemption to permit the authorized trackage
rights to expire. See FD 34554 (Sub-No. 1) (STB
served November 24, 2004); FD 34554 (Sub-No. 3)
(STB served March 25, 2005); FD 34554 (Sub-No.
5) (STB served March 23, 2006); FD 34554 (Sub-No.
7) (STB served March 13, 2007); FD 34554 (Sub-No.
9) (STB served March 20, 2008); FD 34554 (Sub-No.
11) (STB served March 11, 2009); and FD 34554
(Sub-No. 13) (STB served March 15, 2010). At the
time of the extension authorized in Docket No. FD
34554 (Sub-No. 12), the parties anticipated that the
authority to allow the rights to expire would be
exercised by December 18, 2010. However, the
parties filed on January 27, 2011 in Docket No. FD
34554 (Sub-No. 14) their most recent notice of
exemption to allow the trackage rights to be
extended to on or about December 18, 2011, which
we are addressing here.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
7903
Railroad Company, 1400 Douglas Street,
Mail Stop 1580, Omaha, NE 68179.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: February 7, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011–3012 Filed 2–10–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35462]
Union Pacific Railroad Company—
Trackage Rights Exemption—
California Northern Railroad Co.
Pursuant to a written trackage rights
agreement dated July 1, 2010, California
Northern Railroad Co. (CFNR) has
agreed to grant overhead trackage rights
to Union Pacific Railroad Company (UP)
over approximately 1.8 miles of rail line
between milepost 83.0 (Tracy, Cal.) and
milepost 84.8 (Lyoth, Cal.), on CFNR’s
Los Banos Subdivision.
The transaction may be consummated
on or after February 24, 2011, the
effective date of the exemption (30 days
after the exemption was filed).
The purpose of the transaction is to
enable UP to move trains between its
Oakland, Cal., Subdivision and its Tracy
Industrial Lead.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway, Inc.—Lease & Operate—
California Western Railroad, 360 I.C.C.
653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If the notice contains false
or misleading information, the
exemption is void ab initio. Petitions to
revoke the exemption under 49 U.S.C.
10502(d) may be filed at any time. The
filing of a petition to revoke will not
automatically stay the effectiveness of
the exemption. Stay petitions must be
filed by February 17, 2011 (at least 7
days before the exemption becomes
effective). An original and 10 copies of
all pleadings, referring to Docket No. FD
35462, must be filed with the Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
E:\FR\FM\11FEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7898-7903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3130]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0118]
Wheego Electric Cars, Inc.; Grant 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 grant of petition for temporary exemption from
certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No.
208, Occupant Crash Protection.
-----------------------------------------------------------------------
SUMMARY: This notice grants the petition of Wheego Electric Cars, Inc.
(Wheego) for the temporary exemption of its Whip LiFe model from
certain advanced air bag requirements of FMVSS No. 208. The basis for
the exemption is that the exemption would facilitate the development or
field evaluation of a low-emission motor vehicle and would not
unreasonably reduce the safety level of that vehicle.
DATES: The exemption is effective immediately, conditioned upon
Wheego's submission to NHTSA, at least 30 days prior to the first
delivery of the LiFe to a distributor or dealer for sale in the United
States, the certification test data and other data in support of the
certification of the LiFe's compliance with certain FMVSSs, as
discussed in the SUPPLEMENTARY INFORMATION section. This exemption
remains in effect until February 11, 2013.
FOR FURTHER INFORMATION CONTACT: David Jasinski, 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.
SUPPLEMENTARY INFORMATION:
I. Advanced Air Bag Requirements
In 2000, NHTSA upgraded the requirements for air bags in passenger
cars and light trucks, requiring what are commonly known as ``advanced
air bags.'' \1\ The upgrade was designed to meet the twin 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
deploying air bags to infants, children, and other occupants,
especially in low-speed crashes.
---------------------------------------------------------------------------
\1\ 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 some air bag designs. This plan also included
conducting rulemaking to facilitate the depowering of air bags and
conducting 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 were not subject to the advanced air
bag requirements until September 1, 2006.
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 that have
petitioned on the basis that compliance would cause 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 agency has carefully tracked occupant fatalities resulting from
air bag deployment. Our data indicate that the agency's efforts in the
area of consumer education and manufacturers' response to the agency's
rulemaking by providing depowered air bags were successful in
[[Page 7899]]
reducing air bag fatalities even before advanced air bag requirements
were implemented.
As always, we are concerned about the potential safety implications
of any temporary exemption granted by this agency. In the present case,
we are addressing a petition for a temporary exemption from the
advanced air bag requirements submitted by a manufacturer of a plug-in
electric car. The stated basis of the petition was that requiring
compliance would cause substantial economic hardship to a manufacturer
that has tried in good faith to comply with the advanced air bag
requirements. However, after consultation with the petitioner, we have
also considered the petition under a different basis--that an exemption
would facilitate the development or field evaluation of a low-emission
motor vehicle and would not unreasonably lower the safety level of the
vehicle.
II. Statutory Basis for Temporary Exemptions
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified as 49 U.S.C. Chapter 301, authorizes the Secretary of
Transportation to exempt, on a temporary basis and under specified
circumstances, motor vehicles from a motor vehicle safety standard or
bumper standard. This authority is set forth at 49 U.S.C. 30113. The
Secretary has delegated the authority in this section to NHTSA.
NHTSA established 49 CFR Part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. A vehicle manufacturer
wishing to obtain an exemption from a standard must demonstrate in its
application (A) that an exemption would be in the public interest and
consistent with the Vehicle Safety Act and (B) that the manufacturer
satisfies one of the following four bases for an exemption: (i)
Compliance with the standard would cause substantial economic hardship
to a manufacturer that has tried to comply with the standard in good
faith; (ii) the exemption would make easier the development or field
evaluation of a new motor vehicle safety feature providing a safety
level at least equal to the safety level of the standard; (iii) the
exemption would make the development or field evaluation of a low-
emission motor vehicle easier and would not unreasonably lower the
safety level of that vehicle; or (iv) compliance with the standard
would prevent the manufacturer from selling a motor vehicle with an
overall safety level at least equal to the overall safety level of
nonexempt vehicles.
Only small manufacturers can obtain a hardship exemption. A
manufacturer is eligible to apply for a hardship exemption if its total
motor vehicle production in its most recent year of production did not
exceed 10,000 vehicles, as determined by the NHTSA Administrator (49
U.S.C. 30113). In determining whether a manufacturer of a vehicle meets
that criterion, NHTSA considers whether another entity also might be
deemed a manufacturer of that vehicle and whether the production
volumes of each of the two manufacturers should be combined in
assessing whether the criterion is met. A second entity might be deemed
a manufacturer of a vehicle in a variety of circumstances. For example,
there are two manufacturers if one entity produces an incomplete
vehicle \3\ and another entity then modifies the incomplete vehicle so
as to produce a completed vehicle.\4\ NHTSA has stated that a
manufacturer may be deemed to be a sponsor and thus a manufacturer of a
vehicle assembled by a second manufacturer if the first manufacturer
had a substantial role in the development and manufacturing process of
that vehicle.
---------------------------------------------------------------------------
\3\ 49 CFR 567.3.
\4\ Ibid.
---------------------------------------------------------------------------
For an exemption petition to be granted on the basis that the
exemption would make the development or field evaluation of a low-
emission motor vehicle easier and would not unreasonably lower the
safety level of the vehicle, the petition must include specified
information set forth at 49 CFR 555.6(c). The main requirements of that
section include: (1) Substantiation that the vehicle is a low-emission
vehicle; (2) documentation establishing that a temporary exemption
would not unreasonably degrade the safety of a vehicle; (3)
substantiation that a temporary exemption would facilitate the
development or field evaluation of the vehicle; (4) a statement of
whether the petitioner intends to conform to the standard at the end of
the exemption period; and (5) a statement that not more than 2,500
exempted vehicles will be sold in the United States in any 12-month
period for which an exemption may be granted.
Finally, while 49 U.S.C. 30113(b) states that exemptions from a
Safety Act standard are to be granted on a ``temporary basis,'' \5\ the
statute also expressly authorizes the agency to renew an exemption on
reapplication. The agency wishes to caution manufacturers that the
agency's decision to grant a manufacturer's initial exemption petition
in no way predetermines whether the agency will grant a petition for
renewal of an initial exemption. The agency does not believe it would
be consistent with section 30113 for the agency to grant repeated
renewals, since doing so would impart semi-permanent exempted status to
the manufacturer. This seems particularly true in the case of
exemptions based on developing or evaluating a new vehicle.
Accordingly, exempted manufacturers seeking renewal must bear in mind
that the agency is directed to consider the public interest,
consistency with the Safety Act, generally, as well as other specific
matters provided in the statute.
---------------------------------------------------------------------------
\5\ 49 U.S.C. 30113(b)(1).
---------------------------------------------------------------------------
III. Wheego's Petition
Wheego 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, for its LiFe model for a period of three years.
Specifically, the petition requested an exemption from paragraphs S14
(including S14.5.2) (advanced air bag requirements), S15 (rigid barrier
test requirements using 5th percentile adult female dummies), S16
(rigid barrier test procedure), S17 (offset frontal deformable barrier
requirements using 5th percentile adult female dummies), S18 (test
procedure for offset frontal deformable barrier), S19 (requirements to
provide protection for infants in rear facing and convertible child
restraints and car beds), S21 (requirements using 3-year-old child
dummies), S23 (requirements using 6-year-old child dummies), S25
(requirements using an out-of-position 5th percentile adult female
dummy at the driver position), S26 (procedure for low risk deployment
tests of driver air bag), and S27 (option for dynamic automatic
suppression system that suppresses the air bag when an occupant is out
of position) of FMVSS No. 208.
In further submissions to the agency, Wheego clarified its plans
with respect to S14, stating that it will certify its vehicles to
comply with the belted 50th percentile male barrier impact test
(S14.5.1(a)). Wheego has also since stated that it plans to certify to
the unbelted 50th percentile barrier impact test in force prior to
September 1, 2006 (S5.1.2(a)) (with the unbelted sled test in S13 being
an acceptable option for that requirement).
Although Wheego seeks exemption from S16, S18, S26, and S27, those
provisions set forth compliance test
[[Page 7900]]
procedures for optional means of compliance. Wheego does not need an
exemption from S16, S18, and S26, because those provisions do not set
forth requirements with which Wheego must certify compliance. Instead,
they set forth the compliance test procedures for the substantive
requirements in S15, S17, and S25 respectively. Wheego also does not
need an exemption from S27, which sets forth requirements for an
optional dynamic automatic suppression system. Accordingly, we have
considered Wheego's petition as seeking an exemption from S14 (apart
from S14.5.1(a)), S15, S17, S19, S21, S23, and S25 of FMVSS No. 208.
The stated basis for Wheego's application is that requiring
compliance would cause substantial economic hardship to a manufacturer
that has tried in good faith to comply with the standard. According to
the petition, Wheego is a privately held company incorporated in the
State of Delaware, with headquarters in Atlanta, Georgia. Its total
motor vehicle production during the 12 months preceding the filing of
the petition was 308 vehicles. Wheego indicated that all of these
vehicles were all-electric Wheego Whip LSVs (low speed vehicles). In
order for a vehicle to qualify as a low speed vehicle under FMVSS No.
500, Low-Speed Vehicles, its top speed must not exceed 25 miles per
hour.
Wheego states that the LiFe is a zero-emission, two-door, two-seat
coupe that uses a lithium iron phosphate battery pack to power a 60
horsepower AC induction electric motor. The LiFe has a high strength
steel unibody chassis made by Shijiazhuang ShuangHuan Automobile Co.
(ShuangHuan) in China. A similar chassis (minus modifications
reportedly made by ShuangHuan to the chassis sold to Wheego) is used by
ShuangHuan in manufacturing a passenger car (called the ``Noble'') with
an internal combustion engine for sale in China, Australia, Greece, and
other parts of the world outside the United States. Wheego states that,
by purchasing and using an existing chassis, it was able to avoid the
high cost of developing and manufacturing a brand new vehicle design.
Wheego also states that ShuangHuan has developed dual standard air bags
for the chassis, but not an advanced air bag system.
Wheego contends that granting an exemption would be in the public
interest. Wheego intends the LiFe to be ``one of the first affordable
electric cars available in the United States.'' Wheego states that
electric vehicles have several benefits, including reducing the
nation's reliance on foreign oil and reducing greenhouse gas and other
emissions. Wheego also contends that, allowing it to enter the market
now would contribute to the development of electric vehicles in general
by helping to evaluate the market and performance of electric vehicles
with real world experience. Wheego also cites employment opportunities
as a benefit.
Wheego intends to produce only a limited number of LiFes in the
first three years of production, which it contends would limit the
overall impact on motor vehicle safety. In its original petition,
Wheego projected that it would sell 550 LiFes in 2010, 1,200 in 2011,
2,400 in 2012, and 5,000 in 2013. Wheego has since indicated that its
anticipated production would be approximately 100 vehicles per month
throughout the requested exemption period. Thus, the 12-month
production total would be approximately 1,200 vehicles. Wheego states
that the primary purpose of the LiFe will be as a commuter vehicle
because it will have a limited range compared to that of gasoline
powered vehicles. The LiFe will have a projected range of 100 miles and
will require a minimum of 5 hours to regain a 50 percent charge.
Because of the small sales volume and limited range, Wheego states that
the number of hours that the LiFes will be on roads will be lower
compared to gasoline powered vehicles, thereby reducing the likelihood
of a crash.
Wheego contends that compliance with the advanced air bag
requirements would cause substantial economic hardship and that Wheego
has tried to comply with the standard in good faith. Wheego states that
it cannot acquire an off-the-shelf advanced air bag system for the LiFe
because an advanced air bag system has never been developed for the
chassis used in the LiFe. Wheego states that it does not have the
technical or financial resources to develop such a system independently
and would have to cancel the development of a passenger car and
terminate its operations if it does not obtain the requested exemption.
In October 2009, Wheego engaged J.K. Technologies in Baltimore,
Maryland, for help with testing and certification requirements of the
FMVSSs. Also in October 2009, Wheego approached TASS Engineering
Services and Bosch for help in developing an advanced air bag system
for the LiFe. Based upon this consultation, Wheego estimates that an
advanced air bag system would cost $3 million and would take 18 months
to test and implement. In its original petition, Wheego stated that it
intended to spend $1 million in each of 2011, 2012, and 2013, obtained
from sales of the LiFe, in an effort to develop a system that will
comply with the advanced air bag requirements. Wheego stated that,
based on its projected revenues, by the end of the third year of an
exemption, Wheego should be able to build cars with advanced air bags
at no additional cost. However, Wheego has since indicated that, if
their exemption petition is granted, they expect a substantial
investment in their business that would allow them to meet the advanced
air bag requirements by September 2012.
IV. Notice of Receipt
On August 23, 2010, we published in the Federal Register (75 FR
51870) a notice of receipt of Wheego's petition for temporary
exemption, and provided an opportunity for public comment. We received
one comment, which was from Wheego. It addressed only the issue of
sponsorship.
V. Agency Analysis and Decision
In this section, we provide our analysis and decision regarding
Wheego's temporary exemption request concerning advanced air bag
requirements of FMVSS No. 208.
As discussed below, we are granting Wheego's petition for the LiFe
to be exempted, for a period of two years after the date of publication
of this notice in the Federal Register, from S14 (apart from
S14.5.1(a)), S15, S17, S19, S21, S23, and S25 of FMVSS No. 208. In
addition to certifying compliance with the belted 50th percentile adult
male dummy barrier impact requirements in S14.5.1(a), Wheego must
certify to the unbelted 50th percentile adult male dummy barrier impact
test requirement that applied prior to September 1, 2006 (S5.1.2(a)).
For purposes of this exemption, the unbelted sled test in S13 is an
acceptable option for that requirement. This exemption is further
conditioned upon Wheego's submitting to the agency, at least 30 days
before the first delivery of the LiFe to a distributor or dealer for
sale in the United States, all certification test data, including any
objective data, simulation data, engineering analyses, and any other
data that forms the basis for Wheego's certification of the LiFe's
compliance with the following FMVSSs: FMVSS No. 135, Light Vehicle
Brake Systems; FMVSS No. 138, Tire Pressure Monitoring Systems; FMVSS
No. 208, Occupant Crash Protection; \6\ FMVSS No. 214, Side Impact
Protection; and FMVSS No. 216, Roof Crush Resistance.
[[Page 7901]]
The agency's rationale for this decision is as follows:
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\6\ Excluding the sections of FMVSS No. 208 from which Wheego
would be exempt.
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a. Change in Basis for Exemption
As discussed above and in the notice of receipt, Wheego's
application for an exemption from the advanced air bag requirements of
FMVSS No. 208 was based upon an argument that compliance would cause
substantial economic hardship to a manufacturer that has tried in good
faith to comply with the standard. However, upon further review of
Wheego's application and after discussions with Wheego, the agency and
Wheego agreed that its request for an exemption would instead be
considered on the basis that the exemption would make the development
or field evaluation of a low-emission motor vehicle easier and would
not unreasonably lower the safety level of the vehicle. Wheego stated
that it would not object to NHTSA considering the petition on this
basis, if necessary to grant the petition. In meetings with the agency
and in post petition correspondence, Wheego has submitted additional
information to the agency.\7\
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\7\ A copy of all of Wheego's submissions and a summary of the
meeting are available in the docket. See Docket No. NHTSA-2010-0118.
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There are two reasons the agency has considered Wheego's petition
under a different basis than stated in the application. First, as
discussed in the notice of receipt, there is a question of Wheego's
eligibility to apply for an economic hardship exemption. A manufacturer
is eligible to apply for an economic hardship exemption if its total
motor vehicle production in its most recent year of production did not
exceed 10,000 vehicles, as determined by the NHTSA Administrator (49
U.S.C. 30113). In determining whether a manufacturer of a vehicle meets
that criterion, NHTSA considers whether a second entity also might be
deemed a manufacturer of that vehicle. We indicated in the notice of
receipt that another manufacturer, ShuangHuan, produces and supplies
the unibody chassis of the LiFe. The chassis supplied by ShuangHuan is
similar to the chassis of its Noble model. We sought comment on whether
ShuangHuan might also be considered a manufacturer of the LiFe, and
Wheego's comment addresses that issue. We believe that there is reason
to regard ShuangHuan as a manufacturer of the LiFe. However,
considering Wheego's petition on the basis of facilitating the
development of a low-emission vehicle moots the question of Wheego's
eligibility for a hardship exemption.
Second, although there are different limitations on exemptions
based on the development of a low-emission vehicle, Wheego's petition
and subsequently provided information together meet all of those
requirements except for one--the length of the exemption sought. Wheego
has revised its production targets such that not more than 2,500
exempted vehicles would be sold in the United States in any 12-month
period for which an exemption may be granted. Wheego has provided
information substantiating that it is producing a low-emission vehicle,
documentation establishing that a temporary exemption would not
unreasonably degrade the safety of the vehicle, substantiation that a
temporary exemption would facilitate the development and field
evaluation of the vehicle, and a statement that Wheego intends to
comply with all of the requirements of FMVSS No. 208 at the end of the
exemption period. As for the duration of the exemption, Wheego sought a
three-year hardship exemption. However, exemptions for the development
of a low-emission motor vehicle are limited to a two-year duration.
Accepting Wheego's assertion that it would take 18 months to develop an
advanced air bag system and allowing additional time for initiating
that process and retooling, we believe that a maximum two-year
extension is warranted based upon Wheego's application.
Based on the foregoing, we have considered Wheego's petition for an
exemption from the advanced air bag requirements of FMVSS No. 208 on
the basis that the exemption would make the development or field
evaluation of a low-emission motor vehicle easier and would not
unreasonably lower the safety level of the vehicle, notwithstanding the
fact that Wheego sought its exemption based upon economic hardship. We
address below Wheego's satisfaction of the criteria for such an
exemption.
b. Eligibility
NHTSA believes that the requested exemption would make the
development or field evaluation of a low-emission motor vehicle easier.
Wheego has stated that the LiFe will be one of the first affordable
electric cars available in the United States. Wheego has also stated
that allowing them into the market by granting the exemption will
expand consumer choices and contribute to the development of electric
cars in general by helping to evaluate the market for electric
vehicles. We agree that an exemption would permit Wheego to offer a
lower priced electric vehicle and allow for the evaluation of the
market for these vehicles.
NHTSA also concludes that the granting of this exemption would not
unreasonably lower the safety or impact protection level of the
vehicle. Of particular note, the LiFe will have air bags and will be
certified to meet the pre-advanced air bag requirements of FMVSS No.
208. Moreover, with the exception of the advanced air bag requirements,
it will be required to be certified to meet all other requirements
contained in the applicable FMVSSs.
Furthermore, we have also considered child safety issues related to
the exemption requested by Wheego. With respect to transporting
children and infants, Wheego noted that the LiFe is equipped with an
on-off switch for its passenger air bag. Wheego stated that dealers
will instruct purchasers on the use of the on-off switch and that
information also would be contained in the owner's manual. The
passenger seat is also equipped with a child seat LATCH system.\8\ The
LiFe will also have the permanently affixed ``sun visor air bag warning
label'' and a removable ``warning label on the dashboard'' that NHTSA
developed/requires for vehicles without advanced air bags. Thus,
parents and others will be able to transport children in the passenger
seat of the LiFe without exposing them to the risks of air bags, and
the vehicles will have warning labels concerning the risks of air bags.
This helps minimize any safety risks resulting from the vehicle not
meeting requirements for advanced air bags.
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\8\ Lower Anchors and Tethers for Children (LATCH) Restraint
System.
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We also observe that only a limited number of vehicles would be
produced under the temporary exemption. Manufacturers granted
exemptions on the basis of furthering the development of low-emission
vehicles are limited to selling 2,500 exempted vehicles in any 12-month
period. Given that this is a two-year exemption, no more than 5,000
vehicles could be built that lack the advanced air bag protection of
FMVSS No. 208. Wheego has indicated that it anticipates producing
approximately 100 vehicles per month throughout the duration of the
exemption period for a total of approximately 2,400 vehicles.
Based upon the above discussion concerning safety, we believe that
any impact on safety from granting the exemption would be negligible,
and that Wheego has satisfied the eligibility criteria for an exemption
for the development or field evaluation of a low-emission motor
vehicle.
[[Page 7902]]
c. Public Interest Considerations
NHTSA has traditionally found that the public interest is served by
affording consumers a wider variety of motor vehicles, by encouraging
the development of fuel-efficient and alternative-energy vehicles, and
providing additional employment opportunities. We believe that all
three of these public interest considerations would be served by
granting Wheego's petition.
Given the relatively small number of vehicles that will be produced
during the two-year exemption and the above discussion, we believe that
the requested exemption would have a negligible effect on motor vehicle
safety.
d. Conditions
Pursuant to 49 U.S.C. 30113(b)(1), the Secretary, acting through
the NHTSA, may grant temporary exemptions ``on terms the Secretary
considers appropriate.'' Through the course of Wheego's application
process, issues have been raised that warrant the attachment of a
condition to this temporary exemption.
As stated above, the advanced air bag requirements were adopted, in
part, to minimize the risks posed by air bags to infants, children, and
other occupants, especially in low-speed crashes. Wheego's initial
petition made no mention of any features in the vehicle that would
minimize the risks posed by air bags to infants, children, and other
occupants in low-speed crashes. Only after a notice of receipt was
published did Wheego inform the agency of its actions to address these
risks. Similarly, and as we stated in the notice of receipt, Wheego's
petition provided little to explain its relationship with ShuangHuan.
It was only through Wheego's comment on the notice of receipt and its
subsequent petitions that we learned of the modifications to the Noble
chassis made by Wheego for the LiFe.
To assist the agency in learning more about Wheego's efforts to
make design changes to the Noble to meet all of the FMVSSs, we are
conditioning the grant of exemption on Wheego's submitting to NHTSA's
Office of Vehicle Safety Compliance all certification test data,
including any objective data, simulation data, engineering analyses,
and any other data that forms the basis for Wheego's certification of
the LiFe's compliance with the following FMVSSs: FMVSS No. 135, Light
Vehicle Brake Systems; FMVSS No. 138, Tire Pressure Monitoring Systems;
FMVSS No. 208, Occupant Crash Protection; \9\ FMVSS No. 214, Side
Impact Protection; and FMVSS No. 216, Roof Crush Resistance. We are
requiring that this data be submitted at least 30 days prior to Wheego
delivering a LiFe to a distributor or dealer for sale in the United
States. If this data is not submitted to NHTSA, Wheego cannot offer
vehicles for sale under this exemption. NHTSA's evaluation of this data
will help the Administrator determine if the temporary exemption
continues to be in the public interest. We note that 49 CFR 555.8(d)(1)
allows the Administrator to revoke a temporary exemption if it is no
longer consistent with the public interest and the objectives of the
Safety Act.
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\9\ Excluding the sections of FMVSS No. 208 from which Wheego
would be exempt.
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Although Wheego seeks a three-year exemption, we explained above
that only a two-year exemption is available under the low-emission
motor vehicle exemption. In addition, we explained above our reasons
why a three-year exemption is not warranted. NHTSA is considering
generally whether it is in the public interest to continue to grant
petitions seeking temporary exemptions from the advanced air bag
requirements and, to the extent such petitions are granted, what plans
and countermeasures to protect child and infant occupants, short of
advanced air bags, should be expected. In contrast to the initial years
after the advanced air bag requirements went into effect, low volume
manufacturers have access to advanced air bag technology. In light of
this reconsideration, we reiterate that the exemption we are granting
to Wheego is temporary. Based upon Wheego's commitment to having FMVSS
No. 208 compliant advanced air bags in the LiFe by the end of the
exemption period, we would not view a petition to renew this temporary
extension favorably, absent a substantial change in Wheego's
circumstances.
e. Labels
We note that, as explained below, prospective purchasers will be
notified that the vehicle is exempted from the specified advanced air
bag requirements of Standard No. 208. Under Sec. 555.9(b), a
manufacturer of an exempted vehicle must affix securely to the
windshield or side window of each exempted vehicle a label containing a
statement that the vehicle conforms to all applicable FMVSSs in effect
on the date of manufacture ``except for Standard Nos. [listing the
standards by number and title for which an exemption has been granted]
exempted pursuant to NHTSA Exemption No. ------.'' This label notifies
prospective purchasers about the exemption and its subject. Under Sec.
555.9(c), this information must also be included on the vehicle's
certification label.
The text of Sec. 555.9 does not expressly indicate how the
required statement on the two labels should read in situations in which
an exemption covers part but not all of a FMVSS. In this case, we
believe that a statement that the vehicle has been exempted from
Standard No. 208 generally, without an indication that the exemption is
limited to the specified advanced air bag provisions, could be
misleading. A consumer might incorrectly believe that the vehicle has
been exempted from all of Standard No. 208's requirements. Moreover, we
believe that the addition of a reference to such provisions by number
would be of little use to consumers, since they would not know the
subject of those specific provisions.\10\ For these reasons, we believe
the two labels should read in relevant part, ``except for the Advanced
Air Bag Requirements of Standard No. 208, Occupant Crash Protection,
exempted pursuant to * * *.'' We note that the phrase ``Advanced Air
Bag Requirements'' is an abbreviated form of the title of S14 of
Standard No. 208. We believe it is reasonable to interpret Sec. 555.9
as requiring this language.
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\10\ We recognize that, in prior grants of exemptions from the
advanced air bag requirements, the agency has required the
manufacturer to list the exempted paragraphs by number on the label.
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f. Decision
In consideration of the foregoing, we conclude that granting the
requested exemption from the advanced air bag requirements of FMVSS No.
208, Occupant Crash Protection, would facilitate the field evaluation
or development of a low-emission vehicle, and would not unreasonably
lower the safety or impact protection level of that vehicle. We further
conclude that granting of an exemption would be in the public interest
and consistent with the objectives of traffic safety.
In accordance with 49 U.S.C. Sec. 30113(b)(3)(B)(iii), Wheego is
granted NHTSA Temporary Exemption No. EX 11-01, from S14 (apart from
S14.5.1(a)), S15, S17, S19, S21, S23, and S25 of FMVSS No. 208. In
addition to certifying compliance with the belted 50th percentile adult
male dummy barrier impact requirements in S14.5.1(a), Wheego must
certify to the unbelted 50th percentile adult male dummy barrier impact
test requirement that applied prior to September 1, 2006 (S5.1.2(a)).
For purposes of this
[[Page 7903]]
exemption, the unbelted sled test in S13 is an acceptable option for
that requirement.
The exemption is for the LiFe model and shall remain in effect
until two years after the date on which notice of this decision is
published in the Federal Register, as indicated in the DATES section of
this document. However, this grant of exemption is conditioned on
Wheego's providing to NHTSA, at least 30 days before delivering a
vehicle to a distributor or dealer for sale, all certification test
data, including any objective data, simulation data, engineering
analyses, and any other data that forms the basis for Wheego's
certification of the LiFe's compliance with FMVSS Nos. 135, 138, 208,
214, and 216.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and
501.8)
Issued on: February 8, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011-3130 Filed 2-10-11; 8:45 am]
BILLING CODE 4910-59-P
