Cantab Motors, Ltd.; Grant of Application for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-77; Notice 2]

Cantab Motors, Ltd.; Grant of Application for Decision of

Inconsequential Noncompliance

Cantab Motors, Ltd. (Cantab) of Purcellville, Virginia, determined

that some of its vehicles fail to comply with the automatic restraint

system requirements of 49 CFR 571.208, Federal Motor Vehicle Safety

Standard (FMVSS) No. 208, ``Occupant Crash Protection,'' and filed an

appropriate report pursuant to 49 CFR Part 573, ``Defect and

Noncompliance Reports.'' Cantab also applied to be exempted from the

notification and remedy

[[Page 9518]]

requirements of 49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the

basis that the noncompliance is inconsequential to motor vehicle

safety.

Notice of receipt of the application was published on September 18,

1995, and an opportunity afforded for comment (60 FR 48195). This

notice grants the application.

Paragraph S4.1.4 of FMVSS No. 208 requires that vehicles

manufactured on or after September 1, 1989, be equipped with a

restraint system at each front outboard designated seating position

that meets the standard's frontal crash protection requirements by

means that require no action by vehicle occupants. This type of system

is referred to as an automatic restraint system.

The agency granted an exemption for Cantab to manufacture vehicles

without automatic restraints between May 16, 1990 and May 1, 1993.

Cantab imported and manufactured nine vehicles without automatic

restraint systems during this time period. However, after the exemption

had expired, Cantab imported and manufactured nine more vehicles

without automatic restraint systems. Of these nine vehicles, seven

entered the U.S. during 1994 and two in 1995. These vehicles all meet

the requirements of Standard No. 208 prior to the implementation of

automatic restraint requirements. Cantab subsequently applied for and

was granted a new exemption from the automatic restraint requirements

for this type of vehicle (60 FR 47422).

Cantab supported its application for inconsequential

noncompliance with the following.

[Cantab] submits that, during the entire time period subsequent

to its initial grant of exemption in May of 1990, it has imported

and manufactured a total of eighteen cars. Nine of these were

imported during the period of exemption, nine subsequent to its

lapsing and prior to [Cantab's] submission of a second application

for exemption. Each of these eighteen cars was identically

constructed to meet all applicable FMVSS, including those of FMVSS

208 prior to implementation of the automatic restraint requirements.

During this time, [Cantab] has made substantial progress in the

development of a dual air bag system and expects to have it

installed and operative within a year.

[Cantab] has previously suggested to NHTSA in its [May 10, 1995]

petition for exemption, the unusual nature of its vehicles--cars

driven by enthusiasts for pleasure, rather than daily for business

commuting or on long trips, by people who own two or more other

passenger cars for such purposes.

[Cantab] respectfully suggests that its nine noncomplying cars,

representing a minuscule proportion of the total number of motor

vehicles sold and operated in the U.S. during the period of 1994-

1995, operated as noted above, constructed with well-proven safety

systems, would not materially affect overall motor vehicle safety,

and that their operation would be in the public interest and would

be consistent with the objectives of the National Traffic and Motor

Vehicle Safety Act.

No comments were received on the application.

As noted, the agency has granted Cantab's application for temporary

exemption, on grounds that immediate compliance would cause it

substantial economic hardship. An additional finding was that the

exemption would be consistent with the public interest and motor

vehicle safety. This finding was reached in part on the limited number

of vehicles that will be covered by the exemption during its life.

Given the fact that there are far fewer vehicles covered by the

application under consideration, and that the noncompliance apparently

cannot be remedied by repair, the agency wishes to reach a decision

that is consistent with that reached in granting the application for

temporary exemption. Given the fact that there are nine vehicles

involved here, and that they comply with the requirements of FMVSS No.

208 that were once in effect, Cantab's noncompliance may be deemed

inconsequential to safety.

In consideration of the foregoing, it is hereby found that the

applicant has met its burden of persuasion that the noncompliance

herein described is inconsequential to safety. Accordingly, its

application is granted, and the applicant is exempted from providing

the notification of the noncompliance that is required by 49 U.S.C.

30118, and from remedying the noncompliance, as required by 49 U.S.C.

30120.

(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 501.8)

Issued on: March 5, 1996.

Barry Felrice,

Associate Administrator for Safety Performance Standards.

[FR Doc. 96-5566 Filed 3-7-96; 8:45 am]

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