B.A.T. Incorporated, Receipt of Petition for Temporary Exemption From Federal Motor Vehicle Safety Standard No. 208

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-29; Notice 1]

B.A.T. Incorporated, Receipt of Petition for Temporary Exemption

From Federal Motor Vehicle Safety Standard No. 208

B.A.T. (``Battery Automated Transportation'') Inc. of West Valley

City, Utah, has petitioned to be exempted from Federal Motor Vehicle

Safety Standard No. 208 Occupant Crash Protection for Geo Metro sedans

that it converts to electric power. The basis of the petition is that

an exemption will facilitate the development and field evaluation of

low-emission motor vehicles.

Notice of receipt of the petition is published in accordance with

agency regulations on the subject and does not represent any judgment

of the agency on the merits of the petition (49 CFR 555.7(a)).

Petitioner has already been excused from compliance with the crash

test provision of Standard No. 208 by NHTSA Temporary Exemption No. 93-

3 which expires August 1, 1995 (see 58 FR 45549). Although that

exemption is not vehicle-specific by its terms, petition had been made

only on behalf of 1993 model Ford Ranger pickup trucks to be converted

to electric power. Thus, rather than providing the petitioner with an

interpretation that the current exemption extends to sedans as well as

pickups, NHTSA concluded that the public should be offered an

opportunity to comment on B.A.T.'s latest request.

As before, the basis of the petition is that a temporary exemption

would facilitate the development and field evaluation of a low-emission

motor vehicle, as provided by 49 CFR 555.6(c). The petitioner will not

manufacture more than 2,500 vehicles during any 12-month period that

the exemption is in effect.

Although the Geo Metro is certified by its original manufacturer as

conforming with all applicable Federal motor vehicle safety standards,

petitioner has determined that the vehicles may not conform, after

their modification, with ``the requirements of crash tests of''

Standard No. 208 Occupant Crash Protection. The petitioner intends to

make arrangements with the Lawrence Livermore National Laboratory to do

computer simulated crash testing. Any changes that are shown to be

necessary will be incorporated in all future versions ``and will

voluntarily be retrofitted in earlier units.''

Although the petitioner has not provided specific arguments that an

exemption would not unreasonably degrade the safety of the vehicle, it

believes that electric vehicles are safer because they carry no

flammable substances and do not have ``a very hot catalytic converter

close to the gasoline tank.'' B.A.T. conversions do not ``emit hydrogen

gas from the batteries due to the addition of hydrocaps which catalyze

any hydrogen gas formed when charging or discharging.'' Further, ``BAT

'Ultra Force' catalyst sharply reduces any gassing that might otherwise

occur.''

Finally, the petitioner argued, granting the exemption would be in

the public interest and consistent with the National Traffic and Motor

Vehicle Safety Act because the vehicles ``are non polluting * * * and

therefore can be a major means of improving the quality of the air we

breathe.''

Interested persons are invited to submit comments on the petition

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, 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

petition will be published in the Federal Register pursuant to the

authority indicated below.

Comment closing date: June 24, 1994.

Authority: 15 U.S.C. 1410; delegations of authority at 49 CFR

1.50 and 501.8.

Issued on: May 19, 1994.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 94-12784 Filed 5-24-94; 8:45 am]

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