Group Lotus plc; Modification of a Temporary Exemption From an Advanced Air Bag Requirement of FMVSS No. 208

Topics:  Lotus Evora

David L. Strickland
National Highway Traffic Safety Administration
June 28, 2013

[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 39062-39063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15534]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0086]


Group Lotus plc; Modification of a Temporary Exemption From an 
Advanced Air Bag Requirement of FMVSS No. 208

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of modification of a temporary exemption from a 
provision of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
Occupant Crash Protection.

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SUMMARY: This notice modifies the temporary exemption granted to Group 
Lotus plc (Lotus) on March 8, 2013. The agency granted Lotus an 
exemption from the higher maximum speed (56 km/h (35 mph)) belted test 
requirement using 5th percentile adult female dummies for the front 
passenger position of its Evora model for the period from March 8, 2013 
to March 8, 2014. The agency is modifying the dates of the exemption to 
account for vehicles Lotus manufactured before the exemption went into 
effect.

DATES: NHTSA Temporary Exemption No. EX-13-01 granted to Lotus is 
modified to include vehicles imported on or after November 7, 2012. The 
termination date of the exemption is modified to be November 7, 2013.

FOR FURTHER INFORMATION CONTACT: David Jasinski, 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.

SUPPLEMENTARY INFORMATION: On March 8, 2013, NHTSA published in the 
Federal Register a notice granting Group Lotus Plc (Lotus) a temporary 
exemption from the higher maximum speed (56 km/h (35 mph)) belted test 
requirement using 5th percentile adult female dummies in Federal Motor 
Vehicle Safety Standard (FMVSS) No. 208 for the front passenger 
position of its Evora model for the period from March 8, 2013 to March 
8, 2014.\1\ This requirement became effective for small manufacturers 
such as Lotus as of September 1, 2012.
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    \1\ 78 FR 15114.
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    After publication of Lotus's exemption, Lotus informed the agency 
of the existence of 51 vehicles that were

[[Page 39063]]

manufactured on or after September 1, 2012 and before March 8, 2013 
that were imported into the United States. Lotus asserted that these 
vehicles were partially manufactured prior to September 1, 2012, but 
were not completed until after that date. These 51 vehicles bear 
certification labels stating a date of manufacture of August 2012 and 
are certified to comply with the standards, including FMVSS No. 208, 
applicable as of August 2012.
    For the purpose of FMVSS No. 208 compliance, these vehicles are 
identical to those manufactured prior to September 1, 2012 and after 
March 8, 2013. However, the vehicles are not certified to be compliant 
with the standards in effect as of the date they were actually 
manufactured, which include the higher speed belted test requirement 
using the 5th percentile adult female dummy. Moreover, the exemption 
that NHTSA granted to Lotus would not apply to these vehicles because 
they were manufactured before March 8, 2013.
    Lotus has agreed to pay a civil penalty for alleged violations of 
49 USC 30112(a).\2\ Additionally, the Administrator has the authority 
to terminate or modify a temporary exemption granted under 49 CFR Part 
555 upon a finding that (1) the temporary exemption is no longer 
consistent with the public interests and the objectives of the National 
Traffic and Motor Vehicle Safety Act; or (2) the temporary exemption 
was granted on the basis of false, fraudulent, or misleading 
representations or information. At the time the agency granted Lotus 
its exemption, the agency believed that Lotus ceased production of the 
Evora for the United States market as of September 1, 2012 and was not 
aware that Lotus continued to manufacture the Evora after September 1, 
2012. On the basis of this incorrect information, NHTSA granted Lotus a 
one-year exemption commencing on March 8, 2013.
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    \2\ Among other things, 49 USC 30112(a) prohibits a person from 
selling, offering for sale, introducing or delivering into 
interstate commerce, or importing into the United States any motor 
vehicle that does not comply with the FMVSSs then in effect.
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    Having found that Lotus's exemption was based on incorrect 
information, the agency has the authority to modify or terminate 
Lotus's temporary exemption.\3\ Because the 51 vehicles are identical 
to those manufactured prior to September 1, 2012 and those that may be 
manufactured under Lotus's temporary exemption, the agency has decided 
it is appropriate to modify Lotus's exemption to apply it retroactively 
to vehicles manufactured after September 1, 2012 and imported on or 
after November 7, 2012. This will allow the exemption to apply to 50 of 
the 51 vehicles manufactured after September 1, 2012.\4\ Lotus will 
export one vehicle from the United States, which will not be included 
in the exemption.
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    \3\ Lotus has acknowledged that it has been duly notified by 
NHTSA of any facts that warrant modifying or terminating its 
exemption and that it has had an opportunity to demonstrate or 
achieve compliance with all lawful requirements.
    \4\ It is not unprecedented that for NHTSA to apply a temporary 
exemption to vehicles that have already been manufactured at the 
time of the grant of an exemption. In a March 1995 grant of an 
application for a temporary exemption from the air bag requirements 
FMVSS No. 208 to Excalibur Automobile Corporation, the agency 
applied a temporary exemption to 36 vehicles that were, at the time 
of the request for exemption, in control of the company's dealers. 
See 60 FR 12281 (Mar. 6, 1995).
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    The 50 vehicles will count toward the 450 vehicle limit under the 
exemption. Because these 50 vehicles are now covered by an exemption, 
Lotus must ensure that they are labeled with the correct date of 
manufacture and statements required by 49 CFR 555.9 for exempted 
vehicles.
    The agency's determination that a one-year exemption is appropriate 
under the circumstances has not changed. Thus, in addition to applying 
the exemption retroactively to 50 vehicles, the agency has also 
modified the termination date of the exemption so that the exemption 
granted is not longer than one year. The exemption will now apply to 
vehicles manufactured through November 7, 2013.
    Based on the foregoing and pursuant to 49 CFR 555.8(d), the 
Administrator finds that NHTSA Temporary Exemption No. EX 13-01, 
granted to Lotus from S14.7 of 49 CFR 571.208 for the front passenger 
seat of its Evora model was based on incorrect information. 
Accordingly, the exemption is modified to include vehicles imported on 
or after November 7, 2012. The exemption is also modified to terminate 
on November 7, 2013.

    Authority: 49 U.S.C. 30113; 49 CFR 1.95, 555.8.

    Issued in Washington, DC, on June 21, 2013 under authority 
delegated in 49 CFR 1.95, 501.5, and 501.7.
David L. Strickland,
Administrator.
[FR Doc. 2013-15534 Filed 6-27-13; 8:45 am]
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