[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Pages 1823-1824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-167]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-107; Notice 1]


Excalibur Automobile Corp.; Receipt of Application for Decision 
of Inconsequential Noncompliance

    Excalibur Automobile Corporation (Excalibur) of Milwaukee, 
Wisconsin, has determined that some of its vehicles fail to comply with 
the automatic restraint system requirements of 49 CFR 571.208, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant Crash 
Protection,'' and has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.'' Excalibur has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 (formerly Section 157 of the National Traffic 
and Motor Vehicle Safety Act (15 U.S.C. 1417)) and does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the application.
    Paragraph S4.1.4 of FMVSS No. 208 requires that vehicles 
manufactured on or after September 1, 1989, be equipped with a 
restraint system at each front outboard designated seating position 
that meets the standard's frontal crash protection requirements by 
means that require no action by vehicle occupants. This type of system 
is referred to as an automatic restraint system.
    Excalibur manufactured 59 model year 1993, 1994, and 1995 JAC 427 
Cobras without automatic restraint systems. These vehicles all contain 
Type 2, three-point harness active restraint systems.
    Excalibur supports its application for inconsequential 
noncompliance with the following. Excalibur also included a brochure 
with pictures and a description of the subject vehicles. This brochure 
is available in the NHTSA docket.
    The 59 JAC 427 Cobras that are the subject of this exemption 
petition all contain Type 2, three-point harness active restraint 
systems. Automatic restraint systems are required for vehicles produced 
on or after September 1, 1989. Bringing into compliance with paragraph 
S4.1.4 of FMVSS 208 the 59 JAC 427 Cobras that are the subject of this 
exemption petition would be very difficult from an engineering 
perspective, and whatever feasible solutions may be available, would 
most likely result in significant expense for Excalibur, a small 
financially-strapped company.
    As set forth below, Excalibur submits that the overall safety risk 
from noncompliance with paragraph S4.1.4 of FMVSS 208 by the 59 JAC 
Cobras at issue is inconsequential because of (1) the vehicle's 
specialized and limited use and small number and (2) Excalibur's belief 
that Cobra owners have a relatively high level of safety belt use and 
Excalibur's proposal to boost further Cobra safety belt use by placing 
a warning label in the vehicle.

1. The Overall Safety Risk From Noncompliance of Excalibur's 59 JAC 427 
Cobras With FMVSS 208 Is Inconsequential Given Their Specialized And 
Limited Use and Small Number

    The JAC 427 Cobra is not an ordinary passenger automobile designed 
for daily use. It is a classically-styled automobile viewed as a 
collector's item by automobile purchasers. . . . The JAC 427 Cobra is a 
convertible which seats two persons, and has a small trunk. As a 
result, it is not designed to be used as a family's primary passenger 
vehicle. Instead, the JAC 427 Cobra is typically driven only short 
distances from an owner's home. Owners of these (sic) type of 
automobiles generally drive these automobiles no more than 4000 miles 
per year.
    Excalibur has never planned to produce many JAC 427 Cobras due to 
the limited capacity of its manufacturing facilities and the nature of 
its manufacturing process. For example, the highest monthly total of 
JAC 427 Cobra automobiles ever produced was 17. Only 59 of these 
automobiles were produced for sale in the U.S. between January 1993 and 
September 1994, a 21-month period. In 1995, Excalibur's total planned 
production is only 100-180 JAC 427 Cobras for sale worldwide, or no 
more than 15 per month. Of the 100-180, only 60% of the JAC 427 Cobras, 
or 60-108, are proposed for sale in the U.S.
    The collector's nature of the JAC 427 Cobra, the low number of 
miles that these types of vehicles are driven on any consistent basis, 
and the small number of actual JAC 427 Cobras that do not comply with 
FMVSS 208 illustrate the overall reduced safety risk of these vehicles, 
especially when compared to the overall risk posed by the average use 
of the standard family passenger vehicle. Thus, the total effect of the 
existence of only 59 JAC 427 noncomplying automobiles--which are meant 
for weekend pleasure driving--is inconsequential in relation to the 
overall level of motor vehicle safety in the U.S.

2. The Safety Risk From Noncompliance of Excalibur's 59 JAC 427 Cobras 
With FMVSS 208 Is Inconsequential Due to Probable Existing Cobra Safety 
Belt Use and to Excalibur's Proposal To Boost Cobra Safety Belt Use

    The use of safety belts has been shown to significantly reduce 
injuries and fatalities in automobile crashes. See generally, NHTSA, 
Evaluation of the Effectiveness of Occupant Protection--FMVSS 208 
Interim Report, June 1992 (hereinafter referred to as ``Interim 
Report''). Use of safety belts has increased dramatically since 1983 
due to the enactment of state mandatory safety belt laws and the 
installation of automatic safety belt systems. By May of 1992, 42 
states plus the District of Columbia and Puerto Rico had enacted laws 
requiring the use of safety belts. Interim Report at v. Safety belt use 
overall increased nationwide to nearly 59% in late 1991, ranging from 
24% in Mississippi to 83% in Hawaii. NHTSA, Effectiveness of Occupant 
Protection Systems and Their Use--Report to Congress, January 1993. 
Manual safety belt use nationwide reached 56% in 1991, and may be even 
higher today due [[Page 1824]] to increased safety awareness. See 
Interim Report at viii.
    An informal survey of Excalibur automobile owners, including those 
of the JAC 427 Cobra, revealed that these owners on average are 45-
year-old males with greater incomes and higher levels of education than 
the general population. Unlike youthful segments of the population who 
are more prone to reckless driving, Excalibur automobile owners are 
predominantly established, responsible people who value their personal 
safety and the quality and uniqueness of their investment in an 
Excalibur automobile. As a result, Excalibur opines that the owners of 
the JAC 427 Cobras are more likely to be wearing a safety belt while 
driving than other segments of the population, such as young single 
males.
    To ensure even higher safety belt use in its JAC 427 Cobras, and 
thereby increase the safety of the driver and passenger, Excalibur 
proposes reminding in the strongest terms possible both the driver and 
passenger of the consequences of not using their safety belts. 
Excalibur would accomplish this by posting a warning label plainly and 
clearly visible to both the driver and passenger which states as 
follows:

    WARNING: YOU MUST USE THE SEATBELT PROVIDED IN THIS VEHICLE. IT 
IS THE LAW. FAILURE TO USE THE SEATBELT COULD RESULT IN SERIOUS 
INJURY OR DEATH SINCE THIS CAR DOES NOT HAVE AN AIRBAG OR AUTOMATIC 
RESTRAINT SYSTEM.

    Such a label should boost safety belt use by the drivers and 
passengers of the 59 JAC 427 Cobras, making the safety risk 
inconsequential by comparison to the safety risk associated with 
automobiles having automatic restraint systems.
    Interested persons are invited to submit written data, views, and 
arguments on the application of Excalibur, described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW., Washington, D.C., 20590. It is requested but not required 
that six copies by submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: February 6, 1995.

(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 501.8)

    Dated: December 28, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-167 Filed 1-4-95; 8:45 am]
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