Greenkraft Inc.; Grant of Application for a Temporary Exemption From FMVSS No. 108, 12057-12061 [2015-05101]
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Notices
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590; (2)
the U.S. Department of Justice, Antitrust
Division, 10th Street & Pennsylvania
Avenue NW., Washington, DC 20530;
and (3) the U.S. Department of
Transportation, Office of the General
Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Decided: March 2, 2015.
By the Board, Acting Chairman Miller and
Vice Chairman Begeman.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–05080 Filed 3–4–15; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Meeting; RTCA Program Management
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Federal Aviation
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March 24th
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Issued in Washington, DC, on February 25,
2015.
Mohannad Dawoud,
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[FR Doc. 2015–05108 Filed 3–4–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0019]
Greenkraft Inc.; Grant of Application
for a Temporary Exemption From
FMVSS No. 108
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of grant of petition for a
temporary exemption from paragraph
S10 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, Lamps,
Reflective Devices, and Associated
Equipment.
AGENCY:
This notice grants the petition
of Greenkraft, Inc. (Greenkraft) for a
temporary exemption from the
headlamp requirements of FMVSS No.
108 for the company’s 1061 and 1083
model trucks for headlamps complying
with European regulatory requirements.
The exemption is limited to 120
vehicles. The agency has considered
Greenkraft’s petition for exemption and
has determined 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 if
SUMMARY:
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the vehicle is used in a manner
consistent with the conditions
discussed in this notice.
DATES: This exemption is effective
immediately and runs until December
31, 2015.
FOR FURTHER INFORMATION CONTACT: John
Piazza, Office of the Chief Counsel,
NCC–112, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE., West Building 4th Floor,
Room W41–214, Washington, DC 20590.
Telephone: (202) 366–2992; Fax: (202)
366–3820.
SUPPLEMENTARY INFORMATION:
I. 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 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 facilitate 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 facilitate the
development or field evaluation of a
low-emission motor vehicle 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.
For a petition for exemption from a
standard to be granted on the basis that
the 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, the petition must include
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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 (U.S.) in
any 12-month period for which an
exemption may be granted. Exemptions
granted on the basis that the exemption
would facilitate the development or
field evaluation of a low-emission motor
vehicle are limited to two years in
duration.
II. Overview of Petition
Greenkraft petitioned the agency for a
temporary exemption from the
requirements in FMVSS No. 108
applicable to headlamps for the
company’s 1061 and 1083 model trucks
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
that vehicle.’’ 49 U.S.C.
30113(b)(3)(B)(iii). The agency received
Greenkraft’s petition October 24, 2012.
Greenkraft has requested that, if granted,
the exemption period begin
immediately.
Greenkraft is a corporation
incorporated in California in 2008 and
has its headquarters and manufacturing
operations in Santa Anna, California.
Greenkraft stated that it plans to
produce the 1061 and 1083 model
trucks under the requested exemption.
These trucks are equipped with
compressed natural gas (CNG) engines
and have a gross vehicle weight rating
(GVWR) of over 14,000 pounds.
Greenkraft said it plans to import the
vehicle’s chassis already equipped with
the headlamps and install the engine at
the company’s manufacturing facility in
California. Greenkraft stated in the
petition and in subsequent
communications with NHTSA that it
plans to comply with FMVSS No. 108
at the end of the exemption period.
Greenkraft originally planned to
produce 2200 vehicles under the
exemption but has revised its
production plans so that it now plans to
produce no more than 120 vehicles
during the exemption period.
Greenkraft stated in its petition that
‘‘the [U.S.] market currently is in need
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of alternative fuel vehicles that run on
natural gas which is abundantly
available in the [U.S.].’’ 1 Greenkraft
further stated that the price of natural
gas is half the price of diesel and that
many businesses in the U.S. wish to
purchase natural gas powered vehicles.
A. Low Emission Vehicle
In order to be eligible for a temporary
exemption on the grounds that the
exemption would facilitate development
or field evaluation of a low-emission
vehicle without unreasonably lowering
the safety performance of the vehicle,
the applicant must substantiate that the
vehicle is a low-emission vehicle. In
order to qualify as a low-emission
vehicle, the vehicle must meet the
applicable standards for new motor
vehicles under the Clean Air Act, 42
U.S.C. 7521, et seq. and emit an air
pollutant in an amount significantly
below one of those standards. The
Environmental Protection Agency’s
(EPA) regulations issued pursuant to the
Clean Air Act establish exhaust
emissions thresholds for heavy-duty
low-emission vehicles. These exhaust
emission thresholds require that a heavy
duty low-emission vehicle emit
combined emissions of oxides of
nitrogen and nonmethane hydrocarbons
(or nonmethane hydrocarbon
equivalent) of 3.8 grams or less per
brake horsepower-hour or combined
emissions of oxides of nitrogen and
nonmethane hydrocarbons (or
nonmethane hydrocarbon equivalent) of
3.5 grams or less per brake horsepowerhour when tested (certified) on fuel
meeting the specifications of California
certification fuel. 40 CFR 88.105–94.
Greenkraft submitted a certification
from the California Environmental
Protection Agency’s Air Resources
Board (CARB) to substantiate that the
vehicle that is the subject of the
application is a low-emission vehicle.
The CARB certification states that the
vehicle’s combined emissions of oxides
of nitrogen and nonmethane
hydrocarbons are 0.13 grams per brake
horsepower-hour.
B. Documentation That a Temporary
Exemption Would Not Unreasonably
Degrade Safety
The requirements from which
Greenkraft seeks a temporary exemption
are the headlamp requirements in S10 of
FMVSS No. 108. Greenkraft stated in its
application for a temporary exemption
that the primary difference between
1 Greenkraft, Inc., Petition for Temporary
Exemption on the Basis that it Would Make the
Development or Field Evaluation of a Low Emission
Vehicle Easier. Document No. NHTSA–2013–0019–
0002.
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Greenkraft’s low-emission vehicle, if
exempted, and a compliant vehicle
would be that the headlamps on
Greenkraft’s low-emission vehicle
would not meet the minimum candela
requirements for two upper beam test
points and six lower beam test points
and would exceed the maximum
candela requirement for one upper beam
test point for visually/optically aimed
headlamps. Greenkraft attached to its
application for an exemption a test
report from a test laboratory showing
that the headlamps on the vehicles that
would be the subject of the exemption
do not meet the upper and lower beam
requirements for optically and visually
aimed headlamps. Greenkraft stated in
the application that granting the
exemption would not unreasonably
degrade the safety of the vehicle because
the lamps provide ‘‘excellent
illumination’’ even though they do not
comply with the photometric
requirements of FMVSS No. 108.
C. Substantiation That a Temporary
Exemption Would Facilitate the
Development or Field Evaluation of a
Low Emissions Vehicle
Greenkraft stated that a temporary
exemption would facilitate the
development or field evaluation of lowemission vehicles by allowing
Greenkraft to redesign the headlamp
without interrupting the development of
the vehicle while the headlamp is being
redesigned. Greenkraft further claimed
that, by beginning development and
field evaluation promptly, it could
receive critical data and test results to
further the development of natural gas
powered vehicles.
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D. Public Interest
Greenkraft stated that granting the
temporary exemption would be in the
public interest because the exemption
would help increase the availability of
low-emission natural gas power vehicles
to businesses in the U.S. Greenkraft
stated that this would reduce the U.S.
dependence on foreign oil.
III. Summary of Comments Received in
Response to Notice of Receipt of
Application
NHTSA published a notice of receipt
of Greenkraft’s petition for a temporary
exemption in the Federal Register on
February 21, 2013.2 We received three
comments in response to the notice of
receipt. Advocates for Highway Safety
(Advocates) and Mr. Richard Karbowski
opposed granting the exemption. The
Dunlap Group submitted a comment
supporting granting the exemption.
2 78
FR 12138.
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Greenkraft also submitted supplemental
materials after the comment period
closed responding to the comments of
Advocates and Mr. Karbowski.
Greenkraft provided further
supplemental information in response
to a request from NHTSA.
Advocates stated that NHTSA should
not grant Greenkraft an exemption
because Greenkraft had not
demonstrated that a temporary
exemption from FMVSS No. 108 would
not unreasonably degrade the safety of
the vehicle as required by the Safety
Act. Advocates claimed that the test
report for the headlamp that Greenkraft
submitted with its petition did not
constitute evidence that the failure of
the lamp to meet the requirements of
FMVSS No. 108 would not
unreasonably degrade safety. Advocates
argued that Greenkraft had not shown
that a headlamp, which in some cases
does not meet the minimum intensity
requirements of the standard by a
substantial margin, would not
unreasonably degrade the safety of the
vehicle. Advocates also argued that
Greenkraft had not provided evidence
that the non-compliant headlamp is
necessary to develop its low-emission
vehicle.
Mr. Karbowski stated that Greenkraft
had not provided any rationale that the
exemption would not unreasonably
degrade the safety of the vehicle. Mr.
Karbowski further argued that since
there are several FMVSS compliant
liquefied natural gas fueled vehicles
available for sale, granting the
exemption would not result in the
increased sales of those vehicles or
environmental benefits.
The Dunlap Group stated that
Greenkraft’s vehicles would fill a market
void for businesses looking for lower
cost, clean fueled commercial vehicles.
In its supplemental submission,
Greenkraft stated that the headlamps
that would be installed on the 1061 and
1083 models have the E-code
designation and comply with European
regulatory requirements. Greenkraft
argued that its analysis of the headlamp
and engineering judgment indicate that
the headlamps provide sufficient
illumination. Greenkraft stated that the
safety record of the lamps was proven
by their long history of use in Europe
and other countries.
Greenkraft stated that if the
exemption were granted, it could begin
production immediately and design a
headlamp that complies with the
photometric requirements of FMVSS
No. 108 during the exemption period.
Greenkraft stated that developing a
compliant headlamp is a time intensive
and costly endeavor for a new
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12059
manufacturer like itself. Greenkraft
stated that a delay in its ability to
produce vehicles under the exemption
will lead to severe economic hardship
and may require the company to lay off
workers. Greenkraft argued that granting
the petition will increase the public’s
awareness of the environmental and
financial benefits of low-emission
commercial CNG vehicles that run on
domestically produced natural gas.
In response to a request from NHTSA,
Greenkraft also provided data from
European regulatory authorities
demonstrating the lamp’s compliance
with European regulatory requirements
and information about Greenkraft’s
relationship with JAC Motors of China.
IV. Agency Analysis, Response to
Comment, and Decision
We have decided to grant Greenkraft
an exemption from the headlamp
requirements in paragraph S10 of
FMVSS No. 108 until December 31,
2015, at which time Greenkraft has
stated that it will begin equipping its
vehicles with lamps that comply with
FMVSS No. 108.
A. Eligibility
As discussed above, the applicant
must demonstrate that the vehicle emits
an air pollutant in an amount
significantly below one of the standards
established under the Clean Air Act in
order to qualify as a low-emission
vehicle. Greenkraft submitted an engine
certification from CARB to demonstrate
that its vehicle met this criterion of
eligibility for an exemption. The data
from the CARB certification report
shows that the vehicle’s engine emits a
combined oxides of nitrogen and
nonmethane hydrocarbons value of
0.134 grams per brake horsepower-hour.
This is significantly below the 3.5 grams
or less per brake horsepower-hour
emissions threshold for heavy-duty lowemission vehicles established by the
EPA.3 Based on this information, we
determine that the 1061 and 1083
models equipped with CNG engines are
low-emission vehicles.
B. A Temporary Exemption Would Not
Unreasonably Degrade Safety
NHTSA has concluded that granting
the exemption so that Greenkraft can
use headlamps that comply with
European regulatory requirements on
the 1061 and 1083 models will not
unreasonably lower the safety or impact
protection level of the vehicle if the
vehicle is used in a manner consistent
with the conditions discussed below.
NHTSA has previously granted
3 See
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40 CFR 88.105–94.
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exemptions from the headlamp
requirements of FMVSS No. 108 for
vehicles equipped with European
headlamps.4 We believe that the impact
of the non-compliance in this case will
be minimal considering the type of
vehicle for which the exemption is
being sought and its expected use. The
headlamp that Greenkraft plans to
install on the 1061 and 1083 models
provide sufficient illumination for the
purposes of lane keeping and
illuminating other motor vehicles that
are equipped with reflectors. The area of
performance for which we believe that
the non-compliance of the headlamps
with the minimum intensity
requirements in FMVSS No. 108 could
have an impact is the ability of the lamp
to illuminate pedestrians and animals in
the roadway in areas where there is no
overhead illumination. We believe this
concern will be minimized because
vehicles similar to the 1061 and 1083
models generally have low pedestrian
crash rates. We also believe that these
concerns will be minimized because we
expect, given the nature and geographic
availability of their fuel, that the 1061
and 1083 models will be driven
primarily in urban areas.
The vehicles that are the subject of
Greenkraft’s application are mediumduty CNG fueled trucks with a GVWR
of over 14,000 pounds that Greenkraft is
marketing for commercial applications.
Vehicles with a GVWR over 10,000
pounds are roughly half as likely to be
involved in a crash with a pedestrian as
light-duty vehicles.5 Furthermore,
NHTSA expects that the vehicles that
are the subject of the exemption will be
used in urban areas because that it
where most of the public infrastructure
needed to fuel CNG vehicles is located
and where their use would be most
feasible for commercial purposes.6 We
have previously stated in granting an
exemption from the photometry
requirements of FMVSS No. 108 that the
safety impacts resulting from the
4 See Koenigegg Automotive AB; Response to
Application for a Temporary Exemption From the
Headlamp Requirements of FMVSS No. 108;
Advanced Air Bag Requirements of No. 208, 72 FR
17608 (Apr. 9, 2007); Group Lotus Plc; Grant of
Application for a Temporary Exemption From
Federal Motor Vehicle Safety Standard No. 108 and
Part 581 Bumper Standard, 69 FR 5658 (Feb. 5,
2004); Ford Motor Company; Disposition of Petition
for Temporary Exemption From Federal Motor
Vehicle Safety Standards, 58 FR 16907 (Mar. 31,
1993) [Ford].
5 Federal Motor Vehicle Safety Standards;
Minimum Sound for Requirements for Hybrid and
Electric Vehicles, 78 FR 2798, 2816 (proposed Jan.
14, 2013) (to be codified at 49 CFR pt. 571)
(comparing pedestrian crash rates between vehicles
with a GVWR less than 10000 pounds and those
with a GVWR above 10000 pounds).
6 https://www.afdc.energy.gov/fuels/natural_gas_
locations.html.
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differences between European and U.S.
beam patterns are minimized for
vehicles operating in urban areas
because of the generally high nighttime
ambient lighting in those
environments.7 Overhead lighting in
urban areas provides illumination to
help drivers detect pedestrians in
addition to a vehicle’s low beam
headlamps minimizing the impact of the
headlamp’s non-compliance. This
reduces the chance that these vehicles
will be in a situation in which the driver
of the vehicle is relying on the vehicle’s
low beam headlamps to illuminate
pedestrians in the roadway.
We disagree with Advocates and Mr.
Karbowski as to whether Greenkraft has
provided sufficient information for us to
make a determination that the
exemption would not unreasonably
degrade the safety or impact protection
of the vehicle. Greenkraft has provided
a test report demonstrating the
performance of the lamp and a
statement that the lamp conforms to
European regulatory requirements. We
believe that these materials along with
the description of the vehicle and
NHTSA’s expertise regarding the use of
commercial vehicles are sufficient to
enable us to make a determination that
the exemption does not unreasonably
degrade the safety of the vehicle.
We do have some concerns about the
decrease in performance of the
headlamp that Greenkraft wishes to
install on the 1061 and 1083 models
when compared to a compliant lamp
when the lamp is used to detect
pedestrians and animals in areas where
there is no overhead illumination of the
roadway. A properly aimed low beam
headlamp meeting, but not exceeding,
the minimum required luminous output
in FMVSS No. 108 at the down the road
0.6D–1.3R test point would illuminate a
pedestrian approximately 180 feet from
the vehicle. The headlamp Greenkraft
wishes to use provides only 73% of the
required light output at this same test
point, which could reduce the detection
distance of a pedestrian or animal in the
roadway by around 20–30 feet.
Because of our concerns about the
impact of the exemption on the driver
of the vehicle’s ability to see pedestrians
and other objects in the road in areas
where there is no overhead illumination
we are granting this petition with
conditions on how the vehicle is to be
marketed. We believe that it is most
appropriate for the 1061 and 1083
models to be used in urban areas during
daylight hours with minimal night time
use. We believe that it is most
appropriate that the vehicles be
7 See
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marketed as commercial delivery
vehicles. We do not believe that it
would be appropriate for these vehicles
to be marketed for any purpose that
would entail substantial use at night.
We also expect Greenkraft to inform its
dealers of the conditions regarding
marketing that accompany the grant of
this exemption. If we determine that
vehicles produced under the exemption
are being marketed in a manner that is
not consistent with these conditions, we
will examine whether the exemption
should be terminated under 49 CFR
555.8(d) because the exemption is no
longer in the public interest. For these
reasons, we believe that the exemption
will not unreasonably degrade the safety
or impact protection of the vehicle if
used in a manner consistent with the
conditions described above.
C. A Temporary Exemption Would
Facilitate the Development or Field
Evaluation of a Low Emissions Vehicle
We have concluded that an exemption
from the headlamp requirements of
FMVSS No. 108 would make the
development or field evaluation of a
low-emission motor vehicle easier.
Granting the exemption will allow
Greenkraft to produce vehicles while
the company designs a headlamp that
complies with FMVSS No. 108. We
believe that allowing Greenkraft to
produce and sell vehicles during the
exemption period will demonstrate to
the public the environmental benefits
and viability of CNG powered vehicles.
For these reasons we agree with
Greenkraft that granting this exemption
will aid the development of lowemission vehicles.
D. An Exemption Is in the Public
Interest
We also find that this exemption is
consistent with the public interest and
the objectives of the Safety Act. NHTSA
has traditionally found that the public
interest is served by affording
consumers a wider variety of motor
vehicles, by encouraging the
development and field evaluation of
fuel-efficient and alternative-energy
vehicles, and by providing additional
employment opportunities. We believe
that allowing Greenkraft to produce
vehicles during the exemption period
will further all of these objectives.
Allowing Greenkraft to manufacture and
sell these vehicles during the exemption
period will provide consumers access to
clean fueled vehicles that run on a
domestically produced energy source.
Furthermore, Greenkraft is a
manufacturer located in California that
employs approximately 35 people.
Granting this exemption will enable
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Greenkraft to more quickly begin selling
vehicles which will allow the company
to begin realizing revenues from vehicle
sales. The revenues from these vehicle
sales will allow Greenkraft to continue
to employee individuals involved in the
manufacture and sale of these vehicles.
We note that prospective purchasers
will be notified that the vehicle is
exempted from the requirements in
paragraph S10 of FMVSS No. 108,
Lamps, Reflective Devices, and
Associated Equipment. Under 49 CFR
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 § 555.9(c), this
information must also be included on
the vehicle’s certification label.
mstockstill on DSK4VPTVN1PROD with NOTICES
E. Agency Decision
In consideration of the foregoing, we
conclude that granting the requested
exemption from the requirements in
paragraph S10 of FMVSS No. 108,
Lamps, Reflective Devices, and
Associated Equipment, would facilitate
the development or field evaluation of
a low-emission vehicle, and would not
unreasonably lower the safety or impact
protection level of that vehicle if the
vehicle is marketed as a commercial
vehicle for use during day light hours.
Marketing the 1061 and 1083 models for
any purpose that would entail
substantial use at night is not consistent
with this temporary exemption. We
further conclude that granting this
exemption is in the public interest and
consistent with the objectives of the
Safety Act subject to the conditions
described above. We would like to
emphasize that this exemption from
FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment is
limited to paragraph S10 of that
standard. Any vehicle manufactured or
sold under this exemption must
conform to all other applicable
requirements of FMVSS No. 108. This
exemption is limited to 120 CNG fueled
vehicles. In addition, this exemption is
conditioned on Greenkraft’s marketing
the exempted vehicles as commercial
vehicles for use during day light hours.
As part of these efforts, Greenkraft
should ensure that potential purchasers
are informed that the exempted vehicles
VerDate Sep<11>2014
19:28 Mar 04, 2015
Jkt 235001
should be used primarily during
daylight hours.
In accordance with 49 U.S.C.
30113(b)(3)(B)(iii), Greenkraft is granted
NHTSA Temporary Exemption No. EX
15–01 from paragraph S10 of FMVSS
No. 108. The exemption shall be
effective from the date on which notice
of this decision is published in the
Federal Register until December 31,
2015, as indicated in the DATES section
of this document.
(49 U.S.C. 30113; delegations of
authority at 49 CFR 1.95)
Issued in Washington, DC, on February 25,
2015 under authority delegated in 49 CFR
part 1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015–05101 Filed 3–4–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Proposed Data Collection; Comment
Request
Notice and request for
comments.
ACTION:
The U.S. Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the
Community Development Financial
Institutions Fund (CDFI Fund),
Department of the Treasury, is soliciting
comments concerning the Annual
Assessment Evaluation. This report
form will be used to collect vital
financial performance data, internal
control, and investment impact
measurement related information for
institutions participating in the CDFI
Bond Guarantee Program, consistent
with the program’s requirements for
Compliance Management and
Monitoring (CMM) and Portfolio
Management and Loan Monitoring
(PMLM), and pursuant to 12 CFR part
1808 (Interim Rule). The process for
data collection and reporting is
expected to take place via electronic
submission to the CDFI Fund. Hard
copies will also be accepted. The annual
assessment evaluation reporting
guidance for the CDFI Bond Guarantee
Program may be obtained from the CDFI
SUMMARY:
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
12061
Bond Guarantee Program page of the
CDFI Fund’s Web site at https://
www.cdfifund.gov. Unless otherwise
defined in this notice, the capitalized
terms herein are as defined in the
Interim Rule. Please note that this
proposed requirement would only apply
to Eligible CDFI’s participating in the
CDFI Bond Guarantee Program and to
Qualified Issuers that have issued Bonds
under the Program in Fiscal Year 2015
or later.
DATES: Written comments should be
received on or before May 4, 2015 to be
assured of consideration. These
comments will be considered before the
CDFI Fund submits a request for Office
of Management and Budget (OMB)
review of the data reporting forms
described in this notice.
ADDRESSES: Direct all comments to Lisa
Jones, CDFI Bond Guarantee Program
Manager, at the Community
Development Financial Institutions
Fund, U.S. Department of the Treasury,
1500 Pennsylvania Avenue NW.,
Washington, DC 20020, by email to
bgp@cdfi.treas.gov, or by facsimile to
(202) 508–0083. Please note this is not
a toll free number.
FOR FURTHER INFORMATION CONTACT: The
Annual Assessment Evaluation may be
obtained from the CDFI Bond Guarantee
Program page of the CDFI Fund’s Web
site at https://www.cdfifund.gov/bond.
Requests for additional information
should be directed to Lisa Jones, CDFI
Bond Guarantee Program Manager, at
the Community Development Financial
Institutions Fund, U.S. Department of
the Treasury, 1500 Pennsylvania
Avenue NW., Washington, DC 20020 or
by email to bgp@cdfi.treas.gov.
SUPPLEMENTARY INFORMATION:
Title: CDFI Bond Guarantee Program
Reporting Forms.
OMB Number: 1559–0044.
Abstract: The purpose of the CDFI
Bond Guarantee Program is to support
CDFI lending by providing Guarantees
for Bonds issued by Qualified Issuers as
part of a Bond Issue for Eligible
Community or Economic Development
Purposes. The CDFI Bond Guarantee
Program provides CDFIs with a new
source of long-term capital and furthers
the mission of the CDFI Fund to
increase economic opportunity and
promote community and economic
development investments for
underserved populations and in
distressed communities in the United
States. The CDFI Fund achieves its
mission by promoting access to capital
and local economic growth by investing
in, supporting, and training CDFIs.
The CDFI Fund held two-day
application workshops on June 10–11,
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Notices]
[Pages 12057-12061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05101]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0019]
Greenkraft Inc.; Grant of Application for a Temporary Exemption
From FMVSS No. 108
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of grant of petition for a temporary exemption from
paragraph S10 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108,
Lamps, Reflective Devices, and Associated Equipment.
-----------------------------------------------------------------------
SUMMARY: This notice grants the petition of Greenkraft, Inc.
(Greenkraft) for a temporary exemption from the headlamp requirements
of FMVSS No. 108 for the company's 1061 and 1083 model trucks for
headlamps complying with European regulatory requirements. The
exemption is limited to 120 vehicles. The agency has considered
Greenkraft's petition for exemption and has determined 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 if
[[Page 12058]]
the vehicle is used in a manner consistent with the conditions
discussed in this notice.
DATES: This exemption is effective immediately and runs until December
31, 2015.
FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., West Building 4th Floor, Room W41-214,
Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820.
SUPPLEMENTARY INFORMATION:
I. 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 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 facilitate 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
facilitate the development or field evaluation of a low-emission motor
vehicle 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.
For a petition for exemption from a standard to be granted on the
basis that the 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, 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 (U.S.) in any 12-
month period for which an exemption may be granted. Exemptions granted
on the basis that the exemption would facilitate the development or
field evaluation of a low-emission motor vehicle are limited to two
years in duration.
II. Overview of Petition
Greenkraft petitioned the agency for a temporary exemption from the
requirements in FMVSS No. 108 applicable to headlamps for the company's
1061 and 1083 model trucks 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 that
vehicle.'' 49 U.S.C. 30113(b)(3)(B)(iii). The agency received
Greenkraft's petition October 24, 2012. Greenkraft has requested that,
if granted, the exemption period begin immediately.
Greenkraft is a corporation incorporated in California in 2008 and
has its headquarters and manufacturing operations in Santa Anna,
California. Greenkraft stated that it plans to produce the 1061 and
1083 model trucks under the requested exemption. These trucks are
equipped with compressed natural gas (CNG) engines and have a gross
vehicle weight rating (GVWR) of over 14,000 pounds. Greenkraft said it
plans to import the vehicle's chassis already equipped with the
headlamps and install the engine at the company's manufacturing
facility in California. Greenkraft stated in the petition and in
subsequent communications with NHTSA that it plans to comply with FMVSS
No. 108 at the end of the exemption period. Greenkraft originally
planned to produce 2200 vehicles under the exemption but has revised
its production plans so that it now plans to produce no more than 120
vehicles during the exemption period.
Greenkraft stated in its petition that ``the [U.S.] market
currently is in need of alternative fuel vehicles that run on natural
gas which is abundantly available in the [U.S.].'' \1\ Greenkraft
further stated that the price of natural gas is half the price of
diesel and that many businesses in the U.S. wish to purchase natural
gas powered vehicles.
---------------------------------------------------------------------------
\1\ Greenkraft, Inc., Petition for Temporary Exemption on the
Basis that it Would Make the Development or Field Evaluation of a
Low Emission Vehicle Easier. Document No. NHTSA-2013-0019-0002.
---------------------------------------------------------------------------
A. Low Emission Vehicle
In order to be eligible for a temporary exemption on the grounds
that the exemption would facilitate development or field evaluation of
a low-emission vehicle without unreasonably lowering the safety
performance of the vehicle, the applicant must substantiate that the
vehicle is a low-emission vehicle. In order to qualify as a low-
emission vehicle, the vehicle must meet the applicable standards for
new motor vehicles under the Clean Air Act, 42 U.S.C. 7521, et seq. and
emit an air pollutant in an amount significantly below one of those
standards. The Environmental Protection Agency's (EPA) regulations
issued pursuant to the Clean Air Act establish exhaust emissions
thresholds for heavy-duty low-emission vehicles. These exhaust emission
thresholds require that a heavy duty low-emission vehicle emit combined
emissions of oxides of nitrogen and nonmethane hydrocarbons (or
nonmethane hydrocarbon equivalent) of 3.8 grams or less per brake
horsepower-hour or combined emissions of oxides of nitrogen and
nonmethane hydrocarbons (or nonmethane hydrocarbon equivalent) of 3.5
grams or less per brake horsepower-hour when tested (certified) on fuel
meeting the specifications of California certification fuel. 40 CFR
88.105-94.
Greenkraft submitted a certification from the California
Environmental Protection Agency's Air Resources Board (CARB) to
substantiate that the vehicle that is the subject of the application is
a low-emission vehicle. The CARB certification states that the
vehicle's combined emissions of oxides of nitrogen and nonmethane
hydrocarbons are 0.13 grams per brake horsepower-hour.
B. Documentation That a Temporary Exemption Would Not Unreasonably
Degrade Safety
The requirements from which Greenkraft seeks a temporary exemption
are the headlamp requirements in S10 of FMVSS No. 108. Greenkraft
stated in its application for a temporary exemption that the primary
difference between
[[Page 12059]]
Greenkraft's low-emission vehicle, if exempted, and a compliant vehicle
would be that the headlamps on Greenkraft's low-emission vehicle would
not meet the minimum candela requirements for two upper beam test
points and six lower beam test points and would exceed the maximum
candela requirement for one upper beam test point for visually/
optically aimed headlamps. Greenkraft attached to its application for
an exemption a test report from a test laboratory showing that the
headlamps on the vehicles that would be the subject of the exemption do
not meet the upper and lower beam requirements for optically and
visually aimed headlamps. Greenkraft stated in the application that
granting the exemption would not unreasonably degrade the safety of the
vehicle because the lamps provide ``excellent illumination'' even
though they do not comply with the photometric requirements of FMVSS
No. 108.
C. Substantiation That a Temporary Exemption Would Facilitate the
Development or Field Evaluation of a Low Emissions Vehicle
Greenkraft stated that a temporary exemption would facilitate the
development or field evaluation of low-emission vehicles by allowing
Greenkraft to redesign the headlamp without interrupting the
development of the vehicle while the headlamp is being redesigned.
Greenkraft further claimed that, by beginning development and field
evaluation promptly, it could receive critical data and test results to
further the development of natural gas powered vehicles.
D. Public Interest
Greenkraft stated that granting the temporary exemption would be in
the public interest because the exemption would help increase the
availability of low-emission natural gas power vehicles to businesses
in the U.S. Greenkraft stated that this would reduce the U.S.
dependence on foreign oil.
III. Summary of Comments Received in Response to Notice of Receipt of
Application
NHTSA published a notice of receipt of Greenkraft's petition for a
temporary exemption in the Federal Register on February 21, 2013.\2\ We
received three comments in response to the notice of receipt. Advocates
for Highway Safety (Advocates) and Mr. Richard Karbowski opposed
granting the exemption. The Dunlap Group submitted a comment supporting
granting the exemption. Greenkraft also submitted supplemental
materials after the comment period closed responding to the comments of
Advocates and Mr. Karbowski. Greenkraft provided further supplemental
information in response to a request from NHTSA.
---------------------------------------------------------------------------
\2\ 78 FR 12138.
---------------------------------------------------------------------------
Advocates stated that NHTSA should not grant Greenkraft an
exemption because Greenkraft had not demonstrated that a temporary
exemption from FMVSS No. 108 would not unreasonably degrade the safety
of the vehicle as required by the Safety Act. Advocates claimed that
the test report for the headlamp that Greenkraft submitted with its
petition did not constitute evidence that the failure of the lamp to
meet the requirements of FMVSS No. 108 would not unreasonably degrade
safety. Advocates argued that Greenkraft had not shown that a headlamp,
which in some cases does not meet the minimum intensity requirements of
the standard by a substantial margin, would not unreasonably degrade
the safety of the vehicle. Advocates also argued that Greenkraft had
not provided evidence that the non-compliant headlamp is necessary to
develop its low-emission vehicle.
Mr. Karbowski stated that Greenkraft had not provided any rationale
that the exemption would not unreasonably degrade the safety of the
vehicle. Mr. Karbowski further argued that since there are several
FMVSS compliant liquefied natural gas fueled vehicles available for
sale, granting the exemption would not result in the increased sales of
those vehicles or environmental benefits.
The Dunlap Group stated that Greenkraft's vehicles would fill a
market void for businesses looking for lower cost, clean fueled
commercial vehicles.
In its supplemental submission, Greenkraft stated that the
headlamps that would be installed on the 1061 and 1083 models have the
E-code designation and comply with European regulatory requirements.
Greenkraft argued that its analysis of the headlamp and engineering
judgment indicate that the headlamps provide sufficient illumination.
Greenkraft stated that the safety record of the lamps was proven by
their long history of use in Europe and other countries.
Greenkraft stated that if the exemption were granted, it could
begin production immediately and design a headlamp that complies with
the photometric requirements of FMVSS No. 108 during the exemption
period. Greenkraft stated that developing a compliant headlamp is a
time intensive and costly endeavor for a new manufacturer like itself.
Greenkraft stated that a delay in its ability to produce vehicles under
the exemption will lead to severe economic hardship and may require the
company to lay off workers. Greenkraft argued that granting the
petition will increase the public's awareness of the environmental and
financial benefits of low-emission commercial CNG vehicles that run on
domestically produced natural gas.
In response to a request from NHTSA, Greenkraft also provided data
from European regulatory authorities demonstrating the lamp's
compliance with European regulatory requirements and information about
Greenkraft's relationship with JAC Motors of China.
IV. Agency Analysis, Response to Comment, and Decision
We have decided to grant Greenkraft an exemption from the headlamp
requirements in paragraph S10 of FMVSS No. 108 until December 31, 2015,
at which time Greenkraft has stated that it will begin equipping its
vehicles with lamps that comply with FMVSS No. 108.
A. Eligibility
As discussed above, the applicant must demonstrate that the vehicle
emits an air pollutant in an amount significantly below one of the
standards established under the Clean Air Act in order to qualify as a
low-emission vehicle. Greenkraft submitted an engine certification from
CARB to demonstrate that its vehicle met this criterion of eligibility
for an exemption. The data from the CARB certification report shows
that the vehicle's engine emits a combined oxides of nitrogen and
nonmethane hydrocarbons value of 0.134 grams per brake horsepower-hour.
This is significantly below the 3.5 grams or less per brake horsepower-
hour emissions threshold for heavy-duty low-emission vehicles
established by the EPA.\3\ Based on this information, we determine that
the 1061 and 1083 models equipped with CNG engines are low-emission
vehicles.
---------------------------------------------------------------------------
\3\ See 40 CFR 88.105-94.
---------------------------------------------------------------------------
B. A Temporary Exemption Would Not Unreasonably Degrade Safety
NHTSA has concluded that granting the exemption so that Greenkraft
can use headlamps that comply with European regulatory requirements on
the 1061 and 1083 models will not unreasonably lower the safety or
impact protection level of the vehicle if the vehicle is used in a
manner consistent with the conditions discussed below. NHTSA has
previously granted
[[Page 12060]]
exemptions from the headlamp requirements of FMVSS No. 108 for vehicles
equipped with European headlamps.\4\ We believe that the impact of the
non-compliance in this case will be minimal considering the type of
vehicle for which the exemption is being sought and its expected use.
The headlamp that Greenkraft plans to install on the 1061 and 1083
models provide sufficient illumination for the purposes of lane keeping
and illuminating other motor vehicles that are equipped with
reflectors. The area of performance for which we believe that the non-
compliance of the headlamps with the minimum intensity requirements in
FMVSS No. 108 could have an impact is the ability of the lamp to
illuminate pedestrians and animals in the roadway in areas where there
is no overhead illumination. We believe this concern will be minimized
because vehicles similar to the 1061 and 1083 models generally have low
pedestrian crash rates. We also believe that these concerns will be
minimized because we expect, given the nature and geographic
availability of their fuel, that the 1061 and 1083 models will be
driven primarily in urban areas.
---------------------------------------------------------------------------
\4\ See Koenigegg Automotive AB; Response to Application for a
Temporary Exemption From the Headlamp Requirements of FMVSS No. 108;
Advanced Air Bag Requirements of No. 208, 72 FR 17608 (Apr. 9,
2007); Group Lotus Plc; Grant of Application for a Temporary
Exemption From Federal Motor Vehicle Safety Standard No. 108 and
Part 581 Bumper Standard, 69 FR 5658 (Feb. 5, 2004); Ford Motor
Company; Disposition of Petition for Temporary Exemption From
Federal Motor Vehicle Safety Standards, 58 FR 16907 (Mar. 31, 1993)
[Ford].
---------------------------------------------------------------------------
The vehicles that are the subject of Greenkraft's application are
medium-duty CNG fueled trucks with a GVWR of over 14,000 pounds that
Greenkraft is marketing for commercial applications. Vehicles with a
GVWR over 10,000 pounds are roughly half as likely to be involved in a
crash with a pedestrian as light-duty vehicles.\5\ Furthermore, NHTSA
expects that the vehicles that are the subject of the exemption will be
used in urban areas because that it where most of the public
infrastructure needed to fuel CNG vehicles is located and where their
use would be most feasible for commercial purposes.\6\ We have
previously stated in granting an exemption from the photometry
requirements of FMVSS No. 108 that the safety impacts resulting from
the differences between European and U.S. beam patterns are minimized
for vehicles operating in urban areas because of the generally high
nighttime ambient lighting in those environments.\7\ Overhead lighting
in urban areas provides illumination to help drivers detect pedestrians
in addition to a vehicle's low beam headlamps minimizing the impact of
the headlamp's non-compliance. This reduces the chance that these
vehicles will be in a situation in which the driver of the vehicle is
relying on the vehicle's low beam headlamps to illuminate pedestrians
in the roadway.
---------------------------------------------------------------------------
\5\ Federal Motor Vehicle Safety Standards; Minimum Sound for
Requirements for Hybrid and Electric Vehicles, 78 FR 2798, 2816
(proposed Jan. 14, 2013) (to be codified at 49 CFR pt. 571)
(comparing pedestrian crash rates between vehicles with a GVWR less
than 10000 pounds and those with a GVWR above 10000 pounds).
\6\ https://www.afdc.energy.gov/fuels/natural_gas_locations.html.
\7\ See Ford, 58 FR 16910 (Mar. 31, 1993).
---------------------------------------------------------------------------
We disagree with Advocates and Mr. Karbowski as to whether
Greenkraft has provided sufficient information for us to make a
determination that the exemption would not unreasonably degrade the
safety or impact protection of the vehicle. Greenkraft has provided a
test report demonstrating the performance of the lamp and a statement
that the lamp conforms to European regulatory requirements. We believe
that these materials along with the description of the vehicle and
NHTSA's expertise regarding the use of commercial vehicles are
sufficient to enable us to make a determination that the exemption does
not unreasonably degrade the safety of the vehicle.
We do have some concerns about the decrease in performance of the
headlamp that Greenkraft wishes to install on the 1061 and 1083 models
when compared to a compliant lamp when the lamp is used to detect
pedestrians and animals in areas where there is no overhead
illumination of the roadway. A properly aimed low beam headlamp
meeting, but not exceeding, the minimum required luminous output in
FMVSS No. 108 at the down the road 0.6D-1.3R test point would
illuminate a pedestrian approximately 180 feet from the vehicle. The
headlamp Greenkraft wishes to use provides only 73% of the required
light output at this same test point, which could reduce the detection
distance of a pedestrian or animal in the roadway by around 20-30 feet.
Because of our concerns about the impact of the exemption on the
driver of the vehicle's ability to see pedestrians and other objects in
the road in areas where there is no overhead illumination we are
granting this petition with conditions on how the vehicle is to be
marketed. We believe that it is most appropriate for the 1061 and 1083
models to be used in urban areas during daylight hours with minimal
night time use. We believe that it is most appropriate that the
vehicles be marketed as commercial delivery vehicles. We do not believe
that it would be appropriate for these vehicles to be marketed for any
purpose that would entail substantial use at night. We also expect
Greenkraft to inform its dealers of the conditions regarding marketing
that accompany the grant of this exemption. If we determine that
vehicles produced under the exemption are being marketed in a manner
that is not consistent with these conditions, we will examine whether
the exemption should be terminated under 49 CFR 555.8(d) because the
exemption is no longer in the public interest. For these reasons, we
believe that the exemption will not unreasonably degrade the safety or
impact protection of the vehicle if used in a manner consistent with
the conditions described above.
C. A Temporary Exemption Would Facilitate the Development or Field
Evaluation of a Low Emissions Vehicle
We have concluded that an exemption from the headlamp requirements
of FMVSS No. 108 would make the development or field evaluation of a
low-emission motor vehicle easier. Granting the exemption will allow
Greenkraft to produce vehicles while the company designs a headlamp
that complies with FMVSS No. 108. We believe that allowing Greenkraft
to produce and sell vehicles during the exemption period will
demonstrate to the public the environmental benefits and viability of
CNG powered vehicles. For these reasons we agree with Greenkraft that
granting this exemption will aid the development of low-emission
vehicles.
D. An Exemption Is in the Public Interest
We also find that this exemption is consistent with the public
interest and the objectives of the Safety Act. NHTSA has traditionally
found that the public interest is served by affording consumers a wider
variety of motor vehicles, by encouraging the development and field
evaluation of fuel-efficient and alternative-energy vehicles, and by
providing additional employment opportunities. We believe that allowing
Greenkraft to produce vehicles during the exemption period will further
all of these objectives. Allowing Greenkraft to manufacture and sell
these vehicles during the exemption period will provide consumers
access to clean fueled vehicles that run on a domestically produced
energy source. Furthermore, Greenkraft is a manufacturer located in
California that employs approximately 35 people. Granting this
exemption will enable
[[Page 12061]]
Greenkraft to more quickly begin selling vehicles which will allow the
company to begin realizing revenues from vehicle sales. The revenues
from these vehicle sales will allow Greenkraft to continue to employee
individuals involved in the manufacture and sale of these vehicles.
We note that prospective purchasers will be notified that the
vehicle is exempted from the requirements in paragraph S10 of FMVSS No.
108, Lamps, Reflective Devices, and Associated Equipment. Under 49 CFR
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.
E. Agency Decision
In consideration of the foregoing, we conclude that granting the
requested exemption from the requirements in paragraph S10 of FMVSS No.
108, Lamps, Reflective Devices, and Associated Equipment, would
facilitate the development or field evaluation of a low-emission
vehicle, and would not unreasonably lower the safety or impact
protection level of that vehicle if the vehicle is marketed as a
commercial vehicle for use during day light hours. Marketing the 1061
and 1083 models for any purpose that would entail substantial use at
night is not consistent with this temporary exemption. We further
conclude that granting this exemption is in the public interest and
consistent with the objectives of the Safety Act subject to the
conditions described above. We would like to emphasize that this
exemption from FMVSS No. 108, Lamps, Reflective Devices, and Associated
Equipment is limited to paragraph S10 of that standard. Any vehicle
manufactured or sold under this exemption must conform to all other
applicable requirements of FMVSS No. 108. This exemption is limited to
120 CNG fueled vehicles. In addition, this exemption is conditioned on
Greenkraft's marketing the exempted vehicles as commercial vehicles for
use during day light hours. As part of these efforts, Greenkraft should
ensure that potential purchasers are informed that the exempted
vehicles should be used primarily during daylight hours.
In accordance with 49 U.S.C. 30113(b)(3)(B)(iii), Greenkraft is
granted NHTSA Temporary Exemption No. EX 15-01 from paragraph S10 of
FMVSS No. 108. The exemption shall be effective from the date on which
notice of this decision is published in the Federal Register until
December 31, 2015, as indicated in the DATES section of this document.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.95)
Issued in Washington, DC, on February 25, 2015 under authority
delegated in 49 CFR part 1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-05101 Filed 3-4-15; 8:45 am]
BILLING CODE 4910-59-P
