[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Pages 64469-64470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30577]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-86; Notice 1]


Isis Imports Ltd. Receipt of Application for Temporary Exemption 
From Federal Motor Vehicle Safety Standards No. 208 and 214

    Isis Imports Ltd. of San Francisco, California, (``Isis'') has 
applied for a temporary exemption of two years from paragraph S4.1.4 of 
Federal Motor Vehicle Safety Standard No. 208 Occupant Crash 
Protection, and of three years from Federal Motor Vehicle Safety 
Standard No. 214 Side Impact Protection. The basis of the application 
is that compliance will cause substantial economic hardship to a 
manufacturer that has tried to comply with the standard in good faith.
    This notice of receipt of an application is published in accordance 
with the requirements of 49 U.S.C. 30113(b)(2) and does not represent 
any judgment of the agency on the merits of the application.
    The make and type of passenger car for which exemption is requested 
is the Morgan open car or convertible. Morgan Motor Company 
(``Morgan''), the British manufacturer of the Morgan, has not offered 
its vehicle for sale in the United States since the early days of the 
Federal motor vehicle safety standards. It is the business of Isis to 
buy incomplete Morgan cars from the British manufacturer and import 
them as motor vehicle equipment, completing manufacture by the addition 
of engine and fuel system components. They differ from their British 
counterparts, not only in equipment items and modifications necessary 
for compliance with the Federal motor vehicle safety standards, but 
also in their fuel system components and engines, which are propane 
fueled. As the party completing manufacture of the vehicle, Isis 
certifies its conformance to all applicable Federal safety and bumper 
standards. The vehicle completed by Isis in the U.S. is deemed 
sufficiently different from the one produced in Britain that NHTSA 
considers Isis the manufacturer, not a converter, even though the brand 
names are the same.
    Morgan itself produced around 470 cars in 1994, while in the year 
preceding the filing of its petition in September 1995, Isis produced 
14 cars for sale in the United States. Twice previously NHTSA has 
exempted Isis from compliance with the automatic restraint requirements 
of Standard No. 208 on hardship grounds, the latest exemption expiring 
November 1, 1995. The staff of Isis consists of three full time 
employees and one part time employee. Its cumulative net income for the 
years 1992-94 totals $34,694.

Application for Exemption From Standard No. 208

    Isis received NHTSA Exemptions Nos. 89-4 and 92-7 from S4.1.2.1 and 
S4.1.2.2 of Standard No. 208, respectively expiring October 1, 1992 and 
November 1, 1995 (54 FR 43647 and 57 FR 60564). Under the first 
exemption, it had sought to comply through a motorized belt system, 
then concluded that an air bag system would be preferable. At the time 
that its second exemption was granted, Isis had received proposals from 
air bag suppliers that it deemed prohibitive in cost. However, it hoped 
to have access to a system under development by Range Rover, or to 
aftermarket retrofit components.
    According to the applicant, sufficient progress has been made 
during its second three-year exemption period that it can foresee 
compliance in only two more years. Morgan itself intends to equip its 
cars with air bags and has begun a test program towards this end. To 
date, 5 of 6 Hy-ge sled tests have been conducted. Body modifications 
are being engineered. Morgan is currently negotiating for ``multi-point 
sensor air bag components'', and estimates that it will take 12 to 18 
months to complete the project ``once we are given permission to use 
the components, most of which have already been sourced.'' Until such 
time, Isis will continue to use manual three-point restraint systems in 
its cars.

Application for Exemption from Standard No. 214

    Isis claims that it has insufficient resources to work towards 
compliance with those requirements until its work on complying with 
Standard No. 208 is completed. It has had discussions with the British 
Motor Industry Research Association to identify the components that may 
require alteration, such as the door latches and interior padding. In 
its view, ``it would not be prudent to test for side impact until we 
complete our modifications of the seating area and knee bolster 
assembly and finalize the air bag configuration, as changes in this 
area would be reflected in the performance of the vehicle in side-
impact testing.'' It does, however, meet the previous side door 
strength requirements of the standard, and will work towards compliance 
during the three-year exemption period for which it has asked. Were the 
phase-in requirement of S8 applied to it, calculated on the basis of 
its limited 

[[Page 64470]]
production, only very few cars would be required to meet the standard.

Safety and Public Interest Arguments

    Because of the small number of vehicles that the applicant produces 
and its belief that they are used as second or third cars for short 
mileage open air excursions rather than for daily commuting, and 
because of the three-point restraints and side impact protection 
currently offered, Isis argues that an exemption would be in the public 
interest and consistent with safety. An exemption would allow it to 
``maintain the existing diversity of motor vehicles available in this 
country.'' Finally, because of its expertise in the use of propane as a 
fuel, Isis is ``in a position to contribute to the growth of the 
alternative fueled vehicle industry.''
    Interested persons are invited to submit comments on the 
application described above. Comments should refer to the docket number 
and the notice number, and be submitted to: Docket Section, National 
Highway Traffic Safety Administration, room 5109, 400 Seventh Street, 
SW, Washington, DC 20590. It is requested but not required that 10 
copies be submitted.
    All comments received before the close of business on the comment 
closing date indicated below will be considered, and will be available 
for examination in the docket at the above address both before and 
after that date. To the extent possible, comments filed after the 
closing date will also be considered.
    Notice of final action on the application will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: January 16, 1996.

(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on: November 28, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30577 Filed 12-14-95; 8:45 am]
BILLING CODE 4910-59-P