[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30900-30902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13122]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0069]


Fisker Automotive; Receipt 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 receipt of petition for temporary exemption from 
certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 
208, Occupant Crash Protection.

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SUMMARY: In accordance with the procedures in 49 CFR part 555, Fisker 
Automotive Corporation has petitioned the agency for a temporary 
exemption from certain advanced air bag requirements of FMVSS No. 208. 
The basis for the application is that compliance would cause 
substantial economic hardship to a manufacturer that has tried in good 
faith to comply with the standard.\1\
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    \1\ To view the application, go to http://www.regulations.gov 
and enter the docket number set forth in the heading of this 
document.
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    This notice of receipt of an application for temporary exemption is 
published in accordance with statutory provisions. NHTSA has not made 
any judgment on the merits of the application.

DATES: You should submit your comments not later than July 2, 2010.

FOR FURTHER INFORMATION CONTACT: Edward Glancy, 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.
    Comments: We invite you to submit comments on the application 
described above. You may submit comments identified by docket number at 
the heading of this notice by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the electronic docket site by 
clicking on ``Help and Information'' or ``Help/Info.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

[[Page 30901]]

     Hand Delivery: 1200 New Jersey Avenue, SE., West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 am and 5 pm, 
Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 am and 5 pm, Monday through Friday, 
except Federal Holidays. Telephone: (202) 366-9826.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Management at the 
address given above. When you send a comment containing information 
claimed to be confidential business information, you should include a 
cover letter setting forth the information specified in our 
confidential business information regulation (49 CFR part 512).

SUPPLEMENTARY INFORMATION:
    Fisker Automotive (Fisker) has 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. Specifically, the petition requests an 
exemption from paragraphs S15, S17, S19, S21, S23, and S25 of FMVSS No. 
208, which relate to the advanced air bag requirements. Fisker has 
requested an exemption for the Karma model, and that the exemption 
period run from the date of the grant until May 24, 2011.
    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 which 
have petitioned on the basis of 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.
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    \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).
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    The basis for Fisker's application is substantial economic hardship 
to a manufacturer that has tried in good faith to comply with the 
standard. According to the petition, Fisker is a privately held company 
incorporated in the State of Delaware, with headquarters in California. 
Its total motor vehicle production during the 12 months preceding the 
filing of the petition was 0 vehicles.
    The petitioner stated that the Fisker Karma is a completely new 
passenger car model. Design and development of the Karma began in late 
2007. The Karma is being designed and developed to meet all applicable 
FMVSS and EEC regulations, including the installation of eight air bags 
on the coupe version and six air bags on the convertible version. 
Fisker stated the air bag system is being developed through cooperation 
with Takata, Tass, and Bosch, which have been granted contracts to 
complete the development of the air bag systems. The petitioner stated 
that these companies were retained in 2008/2009 and are continuing the 
efforts to develop an air bag system that is fully compliant with the 
requirements of FMVSS No. 208.
    Fisker stated that it subcontracted the advanced air bag system 
development to experienced outside companies, and that the air bag 
development costs represent a very significant expenditure to the 
company. It cited a $7,714,857 cost figure, and provided information 
about what that figure includes. Fisker stated that without a temporary 
exemption, which would enable the company to generate funds through the 
sale of vehicles, it may not be able to sustain the air bag and vehicle 
development programs, causing substantial financial economic hardship 
to the company. Fisker stated that it estimates that full compliance 
with FMVSS No. 208 will be achieved before May 24, 2011.
    The petitioner stated that if the exemption petition is approved, 
the Karma models sold under the exemption will be compliant with all 
FMVSS regulations with the exception of certain sections of FMVSS No. 
208. Fisker stated that the coupe version will be equipped with eight 
functional air bags (front, side, knee and curtain air bags), and the 
convertible version will be equipped with six functional air bags 
(front, side and knee air bags). Both versions will include seat belts 
with pretensioners and load limiters. Also, according to the 
petitioner, both models will be compliant with the 50th percentile 
unbelted test requirements contained in section 13 of the standard.
    Fisker argued that sales of the Karma are in the public interest. 
It stated that the Karma ``is leading the way towards the introduction 
of advanced low-emission vehicle technologies to the US and world 
markets.'' Fisker stated that the Karma will be the first plug-in 
hybrid passenger car available for purchase by the general public. It 
also cited benefits of employment opportunities.
    Upon receiving a petition, NHTSA conducts an initial review of the 
petition with respect to whether the petition is complete and whether 
the petitioner appears to be eligible to apply for the requested 
petition. The agency has tentatively concluded that the petition is 
complete and the petitioner eligible to apply for the requested 
petition. The agency has not made any judgment on the merits of the 
application, and is placing a non-confidential copy of the petition in 
the docket.
    We are providing a 30-day comment period. After considering public 
comments and other available information, we will publish a notice of 
final action on the application in the Federal Register.


[[Page 30902]]


    Issued on: May 26, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-13122 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-59-P