[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25778]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-36; Notice 2]

 

Solectria Corporation; Grant of Petition for Temporary Exemption 
From Four Federal Motor Vehicle Safety Standards

    Solectria Corporation of Arlington, Massachusetts, has petitioned 
to be exempted from four Federal motor vehicle safety standards for 
passenger cars that it converts to electric power. The basis of the 
petition is that compliance with the standards would cause substantial 
economic hardship to a manufacturer that has tried to comply with the 
standards in good faith.
    Notice of receipt of the petition was published on July 18, 1994, 
and an opportunity afforded for comment (59 FR 36484). This notice 
grants the petition.
    Previously, petitioner received NHTSA Exemption No. 92-2 covering 
Geo Metro passenger cars that it converts to electric power and markets 
under the name ``Solectria Force.'' Its petition seeks renewal of the 
exemption from four Federal motor vehicle safety standards which 
expired on May 1, 1994. As the petition was not received until after 
the expiration date of the previous exemption, the matter must be 
considered de novo, and not as the renewal of a previous exemption. 
NHTSA notes that the petitioner is also manufacturing electric truck 
conversions under NHTSA Temporary Exemption No. 94-2.
    Petitioner has sold 45 Solectria Forces under its previous 
exemption. This exemption extended to seven Federal motor vehicle 
safety standards. During the exemption period, Petitioner has been able 
to ensure conformance of the Force with three of these standards. The 
Geo Metros to be converted have been certified by their original 
manufacturer to conform to all applicable Federal motor vehicle safety 
standards. However, petitioner determined that the vehicles may not 
conform with all or part of four Federal motor vehicle safety standards 
after their modification. The standards for which exemptions are 
requested are discussed below.
    1. Standard No. 204, Steering Control Rearward Displacement
    The conversion affects the ability to meet paragraph S4.2, although 
the petitioner is confident that it will be able to certify compliance 
for perpendicular frontal impact under the conditions of S5 of Standard 
No. 208.
    2. Standard No. 208, Occupant Crash Protection
    The conversion affects the ability to meet paragraph S4.1.4. 
Solectria has completed certification testing for a perpendicular 
frontal barrier test, but has yet to complete testing for an angled 
barrier test, side-impact test or roll-over test. [NHTSA note: 
Paragraph S4.1.4 does not require manufacturers to certify compliance 
with the side-impact or rollover tests if the vehicle is equipped with 
seat belts at every seating position.]
    3. Standard No. 214, Side Door Strength
    The modifications will affect compliance with the requirements of 
S3.1.3 and S3.2.3 requiring a minimum peak crush resistance based on 
the vehicle curb weight. Solectria is confident that the Force will 
meet this standard though it has not recertified the vehicle. In 
addition, the Geo Metro may not have been certified by its original 
manufacturer to meet the dynamic side impact test due to the phase-in 
provision of this portion of the standard.
    4. Standard No. 216, Roof Crush Resistance
    According to the petitioner, the modifications will affect the 
requirements in S4(a) which specifies a maximum crush force based on 
the vehicle curb weight. However, the petitioner is confident that the 
vehicle is capable of meeting Standard No. 216.
    Exemption was requested from these four standards for a period of 
eight months.
    Petitioner argued that to require immediate compliance would create 
substantial economic hardship. As of September 30, 1993, the company 
had cumulative net losses of $107,300. It estimates that the total cost 
of testing for compliance with the four standards would be $122,825. If 
modifications appear indicated, further testing would be required. An 
exemption would permit vehicle sales and the generation of cash 
permitting testing and full certification of compliance while the 
exemptions are in effect. It anticipates orders for 50 additional 
Forces while the exemption is in effect. A denial of the petition would 
remove the Force from production for a year, with total revenue losses 
of $1,300,000. It could result in discontinuing production altogether.
    According to the petitioner, granting the exemption would be in the 
public interest and consistent with 49 U.S.C. Chapter 301 Motor Vehicle 
Safety because it ``will be able to make a substantial contribution to 
the country's transportation needs both in themselves and as precursor 
to future electric vehicles.'' The petitioner believes that ``it is 
critical that low-emission electric vehicles be brought to market as 
quickly as possible to advance the field and relieve the environmental 
and economic problems associated with pollution and dependence on 
fossil fuel.''
    No comments were received on the petition.
    In 1991 when it filed its initial hardship petition, Solectria's 
lifetime net income was less than $16,000. Two years later, as of 
September 30, 1993, its cumulative net losses totaled $107,300. 
Although the cost of testing for compliance with seven standards is now 
estimated at a lower figure of $123,000 to test for four standards, it 
seems clear that requiring immediate compliance would cause the 
petitioner substantial economic hardship within the statutory meaning.
    The petitioner has been able to certify compliance with three 
standards from which it was previously exempted, which NHTSA regards as 
a good faith effort to meet the requirements of the Federal motor 
vehicle safety standards. Further, NHTSA is aware that the vehicle 
converted by Solectria, the Geo Metro will be an all new car for 1995. 
Since the car has not been introduced, it is likely that the petitioner 
has not yet obtained an example to review its conversion compliance 
status. The time afforded by the exemption should be sufficient for 
Solectria to accomplish this. NHTSA notes that the new Geo Metro will 
be certified to be in compliance with all applicable Federal motor 
vehicle safety standards (and possibly will remain in compliance after 
the modifications). For this reason, an exemption of a previously-
certified vehicle (which may still conform) is consistent with the 
objectives of traffic safety. Finally, though the volume of production 
is small, the Solectria Force is a zero emissions vehicle, and an 
exemption would be in the public interest.
    On the basis of the foregoing, it is hereby found that immediate 
compliance would cause the petitioner substantial economic hardship, 
that the petitioner has in good faith attempted to conform with the 
standards from which exemption is requested, and that an exemption 
would be consistent with the public interest and the objectives of 49 
U.S.C. Chapter 301. Accordingly, Solectria Corporation is hereby 
granted NHTSA Temporary Exemption No. 94-5, expiring September 1, 1995, 
from the following standards or portions thereof: 49 CFR 571.204 Motor 
Vehicle Safety Standard No. 204 Steering Control Rearward Displacement; 
paragraph S4.1.4.1 of 49 CFR 571.208 Motor Vehicle Safety Standard No. 
208 Occupant Restraint Systems, 49 CFR 571.214 Motor Vehicle Safety 
Standard No. 214 Side Door Strength, and S4.(a) of 49 CFR 571.216 Motor 
Vehicle Safety Standard No. 216 Roof Crush Resistance.

(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50.)

    Issued on October 12, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 94-25778 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-59-P