[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Notices]
[Page 43647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20728]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
[Docket No. 95-8; Notice 2]


Spartan Motors, Inc.; Denial of Application for Temporary 
Exemption From Three Federal Motor Vehicle Safety Standards

    This notice denies the application of Spartan Motors, Inc., of 
Charlotte, Michigan, to be exempted from three Federal motor vehicle 
safety standards for light trucks that it converts to electric power. 
The basis of the application was 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. The basis 
of the denial is that Spartan has failed to provide sufficient 
information upon which a determination can be made that an exemption 
would not unreasonably lower the vehicle's safety level.
    Notice of receipt of the application was published on February 13, 
1995 (60 FR 8275) and an opportunity afforded for comment. No comments 
were received.
    Spartan is a Michigan corporation ``providing development electric 
vehicle technology through the application of state of the art traction 
system and battery technology in commercial applications.'' It intended 
to convert new Chevrolet S10 and GMC Sonoma pickup trucks to electric 
power. It sought exemption for two years from Federal Motor Vehicle 
Safety Standards Nos. 103, 105, and 301.
    With respect to Standard No. 105, Hydraulic Brake Systems, Spartan 
wishes to be exempted from S5.1.1.3 (the third effectiveness test), 
S5.1.2.1 (partial failure), and S7.7.1, S7.9.1 and S7.9.2 (certain 
tests at lightly loaded vehicle weight). The curb weight of the vehicle 
is increased to approximately 4,500 pounds. The weight proportioning 
between axles is different than that used in the certification testing 
of the original vehicle. These changes affect the applicability of the 
testing requirements for lightly loaded vehicle weight. However, the 
GVWR remains the same as the original rating of 4,900 pounds, and the 
original vehicle's braking system is not modified. This, in the 
applicant's view, minimized ``the impact of the electric vehicle not 
meeting the standard.''
    With respect to Standard No. 301 Fuel System Integrity, the 
applicant noted that ``a small tank'' is added ``for the on board 
storage of fuel for interior heating.''
    On February 9, 1995, NHTSA wrote Spartan, asking it to provide 
further information. The agency noted that:

    ``* * * the curb weight of a converted vehicle has been 
increased to 4500 pounds, but that the GVWR remains at 4900 pounds. 
This means that the pickup truck will be overloaded if the total 
weight of passengers and cargo exceeds 400 pounds. The agency is 
concerned that a user of the converted pickup truck would reasonably 
assume that the vehicle has a much greater carrying capacity than it 
had in its unmodified form, and would therefore be likely to 
overload it. This suggests that the GVWR should be increased to a 
level more commensurate with the probable use of the conversion. 
This might require some increased capacity to the suspension, tires, 
and brakes, and possibly modifications to the frame as well. We 
would appreciate your comments on this issue * * *.''

    The agency also asked for information on the capacity of the 
``small tank'', and a statement, or diagram, indicating its location as 
installed. The agency asked for this information within 30 days of its 
receipt. Spartan did not respond. On May 5, 1995, an agency staff 
member telephoned Spartan to ask when a response might be received, and 
was informed that Spartan no longer intended to engage in electric 
vehicle conversions. Spartan was asked to submit a letter withdrawing 
its application so that the application could be mooted and the agency 
could close its files in this matter. To date, Spartan has not 
responded to this request either.
    In consideration of the foregoing, it is hereby found that the 
petitioner has not met its burden of persuasion that the exemptions 
requested would not unreasonably degrade the safety of the vehicles to 
be exempted, and that an exemption would be in the public interest and 
consistent with the objectives of 49 U.S.C. Chapter 301. Therefore, the 
application of Spartan Motors, Inc., for temporary exemption from Motor 
Vehicle Safety Standards Nos. 103, 105, and 301 is denied. This denial 
is without prejudice, and Spartan may file a new application in the 
future if it intends to engage in electric vehicle conversion.

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

    Issued on August 16, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-20728 Filed 8-21-95; 8:45 am]
BILLING CODE 49l0-59-P