Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 40585 

1 49 U.S.C. 30112(a)(1). 

2 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 

30114. 

3 49 U.S.C. 30113. 

4 49 CFR 1.94. 

5 49 U.S.C. 30113(b)(3). 

6 49 U.S.C. 30113(b)(3)(A). 

converting the Nation’s transit fleet to 

zero-emission and low-emission 

vehicles. Currently, FTA collects 

vehicle fuel type only from full and 

reduced reporters on the A–30 form. 

Tribal, rural, and capital asset-only 

reporters do not report fuel type on the 

A–30 form. In order to track 

implementation of zero-emission and 

low-emission vehicles funded by the 

Bipartisan Infrastructure Law, FTA is 

proposing to add a question to the A– 

30 form for rural, tribal, and capital 

asset-only reporters about fuel type. 

FTA proposes to apply this change 

beginning in RY 2023. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2022–14502 Filed 7–6–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0057] 

Czinger Vehicles—Receipt of Petition 

for Temporary Exemption 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of receipt of petition for 

temporary exemption; request for public 

comment. 

SUMMARY: Czinger Vehicles (Czinger) 

has petitioned NHTSA for a temporary 

exemption from windshield 

requirements in Federal motor vehicle 

safety standard (FMVSS) No. 205, 

Glazing materials. Czinger is a low 

volume start-up manufacturer and seeks 

the exemption on the basis that 

compliance with the standard would 

cause substantial economic hardship. 

NHTSA is publishing this document in 

accordance with statutory and 

administrative provisions and requests 

comment on the merits of Czinger’s 

exemption petition. NHTSA has made 

no judgement at this time on the merits 

of the petition. 

DATES: Comments must be received on 

or before August 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Callie Roach, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Telephone: 202–366–2992; Fax: 202– 

366–3820. 

Comments: NHTSA invites you to 

submit comments on the petition 

described herein and the questions 

posed below. You may submit 

comments identified by docket number 

in the heading of this notice by any of 

the following methods: 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue, SE, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE, West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. To be sure someone is there 

to help you, please call (202) 366–9322 

before coming. 

• 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. NHTSA will consider all 

comments received before the close of 

business on the comment closing date 

indicated above. To the extent possible, 

NHTSA 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 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. To be sure 

someone is there to help you, please call 

(202) 366–9322 before coming. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. In order to 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, see the 

detailed instructions given under the 

Public Participation heading of the 

Supplementary Information section of 

this document. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory 

Requirements 

NHTSA is responsible for 

promulgating and enforcing FMVSS 

designed to improve motor vehicle 

safety. Generally, a manufacturer may 

not manufacture for sale, sell, offer for 

sale, or introduce or deliver for 

introduction into interstate commerce a 

vehicle that does not comply with all 

applicable FMVSS.1 There are limited 

exceptions to this general prohibition.2

One path permits manufacturers to 

petition NHTSA for an exemption for 

noncompliant vehicles under specified 

set of statutory bases.3

The National Traffic and Motor 

Vehicle Safety Act (Safety Act), codified 

at 49 U.S.C. Chapter 301, authorizes the 

Secretary of Transportation to exempt, 

on a temporary basis and under 

specified circumstances, and on terms 

the Secretary considers appropriate, 

motor vehicles from a FMVSS or 

bumper standard. This authority is set 

forth at 49 U.S.C. 30113. The Secretary 

has delegated the authority for 

implementing this section to NHTSA.4

The Safety Act authorizes NHTSA (by 

delegation) to grant, in whole or in part, 

a temporary exemption to a vehicle 

manufacturer if certain specified 

findings are made.5 The agency must 

find that the exemption is consistent 

with the public interest and the 

objectives of the Safety Act.6 In 

addition, exemptions under § 30113 

must meet one of the following bases: 

(i) Compliance with the standard[s] 

[from which exemption is sought] 

would cause substantial economic 

hardship to a manufacturer that has 

tried to comply with the standard[s] in 

good faith; 

(ii) the exemption would make easier 

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 make the 

development or field evaluation of a 

low-emission motor vehicle easier and 

would not unreasonably lower the 

safety level of that vehicle; or 

(iv) compliance with the standard 

would prevent the manufacturer from 


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40586 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 

7 49 U.S.C. 30113(b)(3)(B). 

8Czinger petition at page 4. 

9 Id. 

10 Id. Czinger notes in their petition that the 

abrasion requirements may still be met as 

development is ongoing. 

11 Id. at page 9. 

12 Id. at page 3. 

13 Id. 

14 Id. at page 6. Czinger’s forecasted production 

for Model Years 2023, 2024, and 2025 is 20 

vehicles, 50 vehicles, and 10 vehicles respectively, 

with an estimated 10 vehicles, 35 vehicles, and 10 

vehicles sold in the U.S. in those years. 

15 Id. at page 3. 

16 Id. 

17 49 U.S.C. 30113(d). 

selling a motor vehicle with an overall 

safety level at least equal to the overall 

safety level of nonexempt vehicles.7

Czinger submitted its petition under 

the first of these bases, asserting that 

compliance with the standard would 

cause it substantial economic hardship 

and it has tried in good faith to comply 

with the standard. 

NHTSA established 49 CFR part 555, 

Temporary Exemption from Motor 

Vehicle Safety and Bumper Standards, 

to implement the statutory provisions 

concerning temporary exemptions. The 

requirements in 49 CFR 555.5 state that 

the petitioner must set forth the basis of 

the petition by providing the 

information required under 49 CFR 

555.6, and the reasons why the 

exemption would be in the public 

interest and consistent with the 

objectives of the Safety Act. A petition 

submitted under the substantial 

economic hardship basis must include 

the following information, as specified 

in 49 CFR 555.6(a): 

(1) Engineering and financial 

information demonstrating in detail 

how compliance or failure to obtain an 

exemption would cause substantial 

economic hardship, including— 

(i) A list or description of each item 

of motor vehicle equipment that would 

have to be modified in order to achieve 

compliance; 

(ii) The itemized estimated cost to 

modify each such item of motor vehicle 

equipment if compliance were to be 

achieved— 

(A) As soon as possible, 

(B) At the end of a 1-year exemption 

period (if the petition is for 1 year or 

more), 

(C) At the end of a 2-year exemption 

period (if the petition is for 2 years or 

more), 

(D) At the end of a 3-year exemption 

period (if the petition is for 3 years), 

(iii) The estimated price increase per 

vehicle to balance the total costs 

incurred pursuant to paragraph (a)(1)(ii) 

of this section and a statement of the 

anticipated effect of each such price 

increase; 

(iv) Corporate balance sheets and 

income statements for the three fiscal 

years immediately preceding the filing 

of the application; 

(v) Projected balance sheet and 

income statement for the fiscal year 

following a denial of the application; 

and 

(vi) A discussion of any other 

hardships (e.g., loss of market, difficulty 

of obtaining goods and services for 

compliance) that the petitioner desires 

the agency to consider. 

(2) A description of its efforts to 

comply with the standards, including— 

(i) A chronological analysis of such 

efforts showing its relationship to the 

rulemaking history of the standard from 

which exemption is sought; 

(ii) A discussion of alternate means of 

compliance considered and the reasons 

for rejection of each; 

(iii) A discussion of any other factors 

(e.g., the resources available to the 

petitioner, inability to procure goods 

and services necessary for compliance 

following a timely request) that the 

petitioner desires the NHTSA to 

consider in deciding whether the 

petitioner tried in good faith to comply 

with the standard; 

(iv) A description of the steps to be 

taken, while the exemption is in effect, 

and the estimated date by which full 

compliance will be achieved either by 

design changes or termination of 

production of nonconforming vehicles; 

and 

(v) The total number of motor vehicles 

produced by or on behalf of the 

petitioner in the 12-month period prior 

to filing the petition, and the inclusive 

dates of the period. (49 U.S.C. 30113(d) 

limits eligibility for exemption on the 

basis of economic hardship to 

manufacturers whose total motor 

vehicle production in the year 

preceding the filing of their applications 

does not exceed 10,000.) 

II. Czinger’s Petition 

The following discussion provides: 

An overview of Czinger’s petition; a 

brief summary of the information 

Czinger submitted to demonstrate that 

compliance would cause it substantial 

economic hardship, the efforts Czinger 

has made to comply with the standard, 

and Czinger’s arguments that granting 

the petition would be in the public 

interest. Because Czinger has sought 

confidential treatment of some aspects 

of its petition, a redacted version of its 

petition is included in the docket 

referenced at the beginning of this 

notice. NHTSA notes that any of the 

descriptions provided in this section 

were provided by Czinger in its petition 

and do not necessarily reflect the views 

of NHTSA. 

A. Overview of the Czinger’s Petition 

On December 12, 2021, Czinger 

submitted a petition for exemption 

under 49 CFR part 555 for a temporary 

exemption from parts of FMVSS No. 

205, Glazing materials. Specifically, 

Czinger is requesting an exemption from 

requirements for glazing to be used in 

windshields of Czinger’s 21C model on 

the basis that compliance with the 

standard would cause substantial 

economic hardship.8 Czinger is seeking 

a temporary exemption for three years to 

allow Czinger to produce 55 

noncompliant vehicles. Czinger states 

that all glazing on the 21C will be 

compliant with FMVSS No. 205 with 

the exception of the windshield.9

Czinger states that it believes that the 

only requirements with which the 

windshield will not comply are those 

regarding abrasion resistance.10 As 

described in Czinger’s petition, the 

windshield for the 21C is made from 

polycarbonate to accommodate the 

windshield’s unique shape.11

Czinger states that it is a very small 

volume start-up producer of innovative 

sports cars and has not yet started 

manufacturing.12 Once production starts 

in 2023, Czinger states that it will 

produce approximately 50 cars per year 

worldwide.13 The forecasted production 

and US sales estimates provided by 

Czinger indicate that, for the three years 

for which Czinger is requesting a 

temporary exemption, Czinger expects 

to sell a total of 55 vehicles to the U.S. 

market.14 Czinger states that its 21C 

model vehicle is presently under 

development and describes it as a 

Hypercar comprised of lightweight 

materials and a power-dense production 

internal combustion engine.15 Czinger 

further explains that the vehicle is 

produced using Additive Manufacturing 

(AM) technology (the industrial 

production name for 3D printing), 

which Czinger asserts requires less 

material, less energy, and less 

infrastructure than current, widely used, 

production techniques.16

B. Substantial Economic Hardship 

To be eligible for a temporary 

exemption under the substantial 

economic hardship basis, the 

petitioner’s total motor vehicle 

production in the most recent year of 

production must be not more than 

10,000 vehicles.17 To demonstrate 

compliance with this requirement, and 

pursuant to 49 CFR 555.6(a)(2)(v), 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 40587 

18Czinger petition at page 4. 

19 Id. at page 6. 

20 Id. 

21 Id. 

22 Id. at page 7. 

23 Id. 

24 Id. at page 8. 

25 Id. 

26 Id. 

27 Id. 

28 Id. 

29 Id. 

30 Id. 31 Id. 32 Id. at page 9. 33 Id. 34 Id. 35 Id. 36 Id. 37 Id. at page 10. 38 Id. 39 Id. at pages 10–11. 40 Id. at page 11. 41 Id. 42 Id at page 12. 

Czinger stated that it has not produced 

any motor vehicles to date.18

In support of its claim that 

compliance with the windshield 

requirements would cause substantial 

economic hardship, Czinger states that 

it is experiencing substantial economic 

hardship, which would be exacerbated 

by the denial of its exemption 

petition.19 Czinger states that it has 35 

employees and has been operating since 

2021 without any sales.20 Czinger states 

that, in a best-case scenario, the 

company will have two additional years 

with high expenses and no sales while 

product development for the 21C is 

completed.21

Czinger states that compliance with 

the standard will result in an extra loss 

of $38 million.22 Czinger explains that 

the additional loss would result from an 

additional $3.7 million in research in 

development costs, a 6-month delay 

bringing their product to market, and a 

15% loss of 21C sales due to the car’s 

modified aesthetics (necessitated by a 

laminated windshield).23

In further support of its petition, 

Czinger notes that it has been enduring 

the pandemic and supply chain issues 

which, Czinger states, are straining even 

established OEMs.24 As a startup, 

Czinger states that it needs flexibility to 

endure these challenges.25

C. Good Faith Efforts To Comply 

Pursuant to 49 CFR 555.6(a)(2), a 

petition for a temporary exemption 

made under the substantial economic 

hardship basis must include a 

description of the petitioner’s efforts to 

comply with the standard for which the 

exemption is sought. In support of its 

petition, Czinger asserts that it has put 

considerable good faith efforts into 

FMVSS compliance.26

Czinger states that the 21C has been 

designed with in-line seating for two 

occupants.27 The central seating 

position, Czinger explains, allows for an 

extremely streamlined frontal profile, 

reducing drag and improving fuel 

economy, as well as improving 

performance.28 Czinger states that this 

‘‘fighter jet’’ design has been highly 

regarded by media, and more 

significantly, prospective clients.29

Czinger states that the wrap-around 

cockpit is realized by a unique double 

curvature windscreen, which during 

prototype stage, was produced in 

polycarbonate by a supplier in Europe, 

Iscolima.30 Czinger states that the hard 

polycarbonate material passes European 

requirements in accordance with ECE 

R43, including impact performance and 

abrasion haze resistance.31 Czinger 

states that because of the extreme size 

and shape of the 21C windshield, its 

supplier, Iscolima, has informed Czinger 

that the windshield must be produced 

in polycarbonate.32

Czinger also states that at an early 

stage in the development of the 21C, 

their supplier Isoclima indicated that it 

believed the polycarbonate windshield 

would meet regulatory requirements for 

the USA market.33 Czinger states that, 

based on this information, Czinger 

proceeded with the polycarbonate 

windshield development.34

Czinger also states that, despite 

Iscolima’s opinion that the shape of the 

21C windshield could not be produced 

in laminated glass, Czinger invested 

time and money trying to develop, with 

the help of multiple suppliers, the 

planned windshield shape in laminated 

glass.35 These efforts, Czinger states, 

have not been successful.36

D. Czinger’s Public Interest Argument 

Czinger asserts that granting their 

petitions is consistent with the public 

interest and the Safety Act for the 

following reasons: 

1. The 21C model range will comply 

with all FMVSS other than the 

windshield requirements in FMVSS 

205.37

2. The exempted cars will have a 

windshield that meets all EU 

requirements.38

3. The exempted cars will not present 

an unacceptable safety risk.39

4. The 21C will be produced in the US 

in very low numbers and will not be 

used daily due to its unconventional 

design.40

5. The denial of the exemption 

request could have a negative effect on 

US employment.41

6. The 21C’s innovative technology is 

a benefit to the public.42

III. Agency’s Review of Czinger’s 

Petition 

NHTSA has not yet made any 

judgment on the merits of Czinger’s 

petition nor on the adequacy of the 

information submitted. NHTSA will 

assess the merits of the petition and 

consider public comments on the 

petition, as well as any additional 

information that the agency receives 

from Czinger. NHTSA is placing a nonconfidential copy of the petition in the 

docket in accordance with statutory and 

administrative provisions. 

IV. Public Participation 

A. Request for Comment and Comment 

Period 

The agency seeks comment from the 

public on the merits of Czinger’s 

petition for a temporary exemption from 

portions of FMVSS No. 205. 

NHTSA is providing a 30-day 

comment period. After conducting a 

review of the adequacy for the 

justification for the petition and 

considering public comments, NHTSA 

will publish a decision notice regarding 

the petition in the Federal Register. 

B. Instructions for Submitting 

Comments 

How long do I have to submit 

comments? 

Please see DATES section at the 

beginning of this document. 

How do I prepare and submit 

comments? 

• Your comments must be written in 

English. 

• To ensure that your comments are 

correctly filed in the Docket, please 

include the Docket Number shown at 

the beginning of this document in your 

comments. 

• If you are submitting comments 

electronically as a PDF (Adobe) File, 

NHTSA asks that the documents be 

submitted using the Optical Character 

Recognition (OCR) process, thus 

allowing NHTSA to search and copy 

certain portions of your submissions. 

Comments may be submitted to the 

docket electronically by logging onto the 

Docket Management System website at 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• You may also submit two copies of 

your comments, including the 

attachments, to Docket Management at 

the address given above under 

ADDRESSES. 

Please note that pursuant to the Data 

Quality Act, in order for substantive 

data to be relied upon and used by the 

agency, it must meet the information 


khammond on DSKJM1Z7X2PROD with NOTICES
40588 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 

quality standards set forth in the OMB 

and DOT Data Quality Act guidelines. 

Accordingly, we encourage you to 

consult the guidelines in preparing your 

comments. OMB’s guidelines may be 

accessed at http://www.whitehouse.gov/ 

omb/fedreg/reproducible.html. DOT’s 

guidelines may be accessed at http://

www.bts.gov/programs/statistical_

policy_and_research/data_quality_

guidelines. 

How do I submit 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 

above 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 

under ADDRESSES. 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). To facilitate social distancing 

during COVID–19, NHTSA is 

temporarily accepting confidential 

business information electronically. 

Please see https://www.nhtsa.gov/ 

coronavirus/submission-confidentialbusiness-information for details. 

Will the Agency consider late 

comments? 

We will consider all comments that 

Docket Management receives before the 

close of business on the comment 

closing date indicated above under 

DATES. To the extent possible, we will 

also consider comments that Docket 

Management receives after that date. 

How can I read the comments submitted 

by other people? 

You may see the comments on the 

internet. To read the comments on the 

internet, go to http://

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

Please note that, even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically check the Docket for new 

material. 

Authority: 49 U.S.C. 30113 and 49 U.S.C. 

30166; delegations of authority at 49 CFR 

1.95 and 49 CFR 501.5. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.8. 

Steven S. Cliff, 

Administrator. 

[FR Doc. 2022–14464 Filed 7–6–22; 8:45 am] 

BILLING CODE 4910–59–P 


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