Terrafugia, Inc.; Receipt of Application for Temporary Exemption From Requirements for Tire Selection and Rims for Motor Vehicles FMVSS No. 110, Electronic Stability Control Systems FMVSS No. 126, Glazing Materials FMVSS No. 205, and Occupant Crash Protection FMVSS No. 208 |
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Topics: National Highway Traffic Safety Administration
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Nathaniel Beuse
November 16, 2010
[Federal Register: November 16, 2010 (Volume 75, Number 220)]
[Notices]
[Page 70071-70074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no10-126]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0154]
Terrafugia, Inc.; Receipt of Application for Temporary Exemption
From Requirements for Tire Selection and Rims for Motor Vehicles FMVSS
No. 110, Electronic Stability Control Systems FMVSS No. 126, Glazing
Materials FMVSS No. 205, and Occupant Crash Protection FMVSS No. 208
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for temporary exemption and
request for comments.
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SUMMARY: In accordance with the procedures in 49 CFR Part 555,
Terrafugia, Inc. (``Terrafugia''), has petitioned the agency for a
temporary exemption from certain FMVSS requirements for the
Transition[reg], a Light Sport Aircraft that has road-going capability.
Terrafugia seeks exemption from the FMVSS requirements for tire
selection and rims for motor vehicles (FMVSS No. 110), electronic
stability control systems (FMVSS No. 126), glazing materials (FMVSS No.
205), and occupant crash protection, specifically advanced air bags
(FMVSS No. 208). The basis for the application is that compliance would
cause substantial economic hardship to a manufacturer that has tried in
good faith to comply with the standard.
NHTSA is publishing this notice of receipt of an application for
temporary exemption and providing an opportunity to comment in
accordance with the requirements of 49 U.S.C. Sec. 30113(b)(2). NHTSA
has not made any judgment on the merits of the application.
DATES: You should submit your comments not later than December 16,
2010.
FOR FURTHER INFORMATION CONTACT: William Shakely, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building 4th Floor, Room W41-318,
Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820.
COMMENTS: We invite you to submit comments on the application described
above. You may submit comments identified by docket number at the
heading of this notice by any of the following methods:
Online: Go to http://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket site by
clicking on ``Help'' or ``FAQs.''
Fax: 1-202-493-2251.
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.
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. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we 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. Telephone: (202) 366-9826.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/
privacy.html.
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 under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Operations at the
address given above. 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).
SUPPLEMENTARY INFORMATION:
[[Page 70072]]
I. Overview of Terrafugia, Inc. and Its Petition for an Economic
Hardship Exemption
In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
Part 555, Terrafugia has petitioned (dated July 20, 2010) the agency
for a temporary exemption from certain FMVSS requirements for the
Transition[supreg], a Light Sport Aircraft that has road-going
capability. Terrafugia seeks an exemption from requirements for tire
selection and rims for motor vehicles (FMVSS No. 110), electronic
stability control systems (FMVSS No. 126), glazing materials (FMVSS No.
205), and advanced air bags (FMVSS No. 208). The basis for the
application is that compliance would cause substantial economic
hardship to the manufacturer who has tried in good faith to comply with
the standard. Terrafugia has requested a three-year hardship exemption.
A copy of the petition is available for review and has been placed in
the docket of this notice.\1\
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\1\ To view the petition, go to http://www.regulations.gov and
enter the docket number set forth in the heading of this document.
The company requested confidential treatment under 49 CFR Part 512
for certain business and financial information submitted as part of
its petition for temporary exemption. Accordingly, the information
placed in the docket does not contain such information that the
agency has determined to be confidential.
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According to the petition, Terrafugia is a small, privately held
company that was incorporated in the state of Delaware in 2006, and
maintains headquarters in Woburn, Massachusetts. Terrafugia states that
the company employs ten full-time employees. The company identifies
itself as a Massachusetts Institute of Technology (MIT) spin-off
company, but states that it does not have access to MIT's financial
resources. The company also states that it is not affiliated with any
other aircraft or automobile manufacturer.
Terrafugia has designed and built the first prototype of the
Transition[supreg], which it describes as a ``Roadable Aircraft.''
Terrafugia characterizes the Transition[supreg] as a Light Sport
Aircraft (LSA), as defined by the Federal Aviation Administration
(FAA), and states that the road-going capability in the aircraft will
``provide a significant increase in operational functionality and
safety for the General Aviation pilot community by allowing pilots to
safely continue their travel plans in the event of inclement weather.''
\2\
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\2\ See Terrafugia Petition, p. 3.
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To date, Terrafugia has not produced any vehicles for sale, but
intends to begin delivery of the Transition[supreg] in 2011 and
anticipates producing 200 aircraft during the three-year requested
exemption period. Terrafugia states that it expects to remain a low-
volume manufacturer for the foreseeable future, continuing to market
the Transition[supreg] as an aircraft with road-going capability, not
as a ``flying car.'' Thus, the primary market for the
Transition[supreg] will be U.S. pilots.
The agency has not made any judgment on the eligibility of the
petitioner or the merits of the application, and is placing a non-
confidential copy of the petition in the docket. In accordance with 49
U.S.C. 30113(b)(2), NHTSA invites comments on the subject petition as
discussed in the ``COMMENTS'' section of this notice. After considering
public comments and other available information, the agency will
publish a notice of final action on the application in the Federal
Register.\3\
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\3\ 49 U.S.C. 30113(g).
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II. Statutory Basis for Requested Part 555 Exemption
The National Traffic and Motor Vehicle Safety Act, as amended,
codified as 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis and under
specified circumstances, motor vehicles from a motor vehicle safety
standard or bumper standard. This authority is set forth at 49 U.S.C.
30113. The Secretary has delegated the authority for this section to
NHTSA.\4\
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\4\ 49 CFR 1.50.
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NHTSA established part 555, Temporary Exemption from Motor Vehicle
Safety and Bumper Standards, to implement the statutory provisions
concerning temporary exemptions. Vehicle manufacturers may apply for
temporary exemptions on several bases, one of which is that compliance
would cause substantial economic hardship to a manufacturer that has
tried in good faith to comply with the standard.
A petitioner must provide specified information in submitting a
petition for exemption.\5\ Foremost among these requirements are that
the petitioner must set forth the basis of the application under Sec.
555.6, and the reasons why the exemption would be in the public
interest and, as applicable, consistent with the objectives of 49
U.S.C. Chapter 301.
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\5\ 49 CFR 555.5.
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A manufacturer is eligible to apply for a hardship exemption if its
total motor vehicle production in its most recent year of production
did not exceed 10,000 vehicles, as determined by the NHTSA
Administrator.\6\ In determining whether a manufacturer of a vehicle
meets that criterion, NHTSA considers whether a second vehicle
manufacturer also might be deemed the manufacturer of that vehicle.
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\6\ 49 U.S.C. 30113(d).
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Finally, while 49 U.S.C. 30113(b) states that exemptions from a
Federal motor vehicle safety standard prescribed under Chapter 301 are
to be granted on a ``temporary basis,'' the statute also expressly
provides for renewal of an exemption on reapplication.\7\ Manufacturers
are nevertheless cautioned that the agency's decision to grant an
initial petition in no way predetermines that the agency will
repeatedly grant renewal petitions. Exempted manufacturers seeking
renewal must bear in mind that the agency is directed to consider
financial hardship as but one factor, along with the manufacturer's on-
going good faith efforts to comply with the regulation and the public
interest among other factors provided in the statute.
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\7\ 49 U.S.C. 30113(b)(1).
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III. Terrafugia's Petition for an Economic Hardship Exemption
Terrafugia's basis for the petition is that requiring compliance
with the stated provisions ``would cause substantial economic hardship
to a manufacturer that has tried to comply with the standard in good
faith.'' 49 U.S.C. 30113(b)(3)(B)(i). Terrafugia requests that the
exemption period begin with the first delivery of the
Transition[supreg] on or near December 2011 and extend for a period of
three years. This section broadly discusses Terrafugia's statements of
economic hardship and public interest. Please refer to the petition in
the docket for more details.
A. Terrafugia's Statement of Economic Hardship
Terrafugia states that the denial of the requested exemption will
result in substantial economic hardship. The Transition's[supreg] dual-
purpose as an aircraft and ground vehicle has necessitated the
application of both FAA regulations for LSA and the FMVSS established
by NHTSA and applicable to manufacturers of new motor vehicles and
motor vehicle equipment. Terrafugia contends that ``it is not always
possible to completely merge the two regulations without compromising
safety, incurring prohibitive costs, and/or reducing core
functionality.'' \8\ For example, in order to comply with the maximum
weight requirement of the
[[Page 70073]]
FAA for LSA,\9\ Terrafugia calculates that for each pound of weight
that can be removed from the aircraft to accommodate additional
equipment in conformity with FMVSS, it costs $14,500 per pound \10\ in
development costs and adds $4,200 \11\ to the cost of the aircraft.\12\
Terrafugia estimates that the denial of this petition for exemption
would double the price point of the Transition[supreg], significantly
lowering the demand for the vehicle and, likely, forcing the company to
abandon LSA certification and the development of the
Transition[supreg].
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\8\ Terrafugia Petition, p. 3.
\9\ Terrafugia obtained a partial grant of exemption from the
FAA (FAA Docket No. FAA-2009-1087), allowing the Transition[supreg]
to have a maximum takeoff weight (MTOW) of 1,430 pounds (650 kg)
instead of the general MTOW requirement of 1,320 pounds (600 kg).
\10\ Terrafugia explains that this is based on the experience of
removing weight between the Proof of Concept vehicle to the
prototype and the fact that as more and more weight must be removed,
it becomes increasingly more difficult to do so.
\11\ Terrafugia explains that this figure is based on identified
cost vs. weight trade-offs, such as material replacement, and a
minimal margin.
\12\ Terrafugia notes that there is a physical limitation as to
how much weight can be removed from the vehicle, at any cost, before
it is no longer capable of safely performing its function. The
dollar values provided by Terrafugia are applicable until that limit
is reached, past which very little can be done at any price and the
product is no longer viable.
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Terrafugia states that a grant of the requested exemptions would
allow the company to continue with LSA certification for the
Transition[supreg] while pursuing lightweight compliance solutions and
researching additional ways of reducing the weight of non-safety
critical systems for the aircraft.
B. Terrafugia's Statement of Public Interest
Terrafugia asserts that the requested exemptions are in the public
interest because the Transition[supreg] will increase the safety of
flight for General Aviation (GA) \13\ in the United States, contribute
to the advancement of technology for light aircraft and light-weight,
fuel efficient automobiles, and improve the environment and economy.
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\13\ Terrafugia explains that General Aviation is the segment of
the air transportation industry characterized by flight outside of
the commercial airline system and military operations.
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According to Terrafugia's petition, one of the most significant
causes of GA accidents and fatalities is weather, and a leading cause
of weather-related accidents is when pilots flying primarily on visual
references find themselves in a situation where those references are
compromised, get disoriented, and enter an unrecoverable situation that
results in an often fatal accident.\14\ According to Terrafugia, the
Transition[supreg] offers a new alternative to pilots, which allows
them to divert to the nearest airport and continue the trip on the
ground. Although the trip may take longer, Terrafugia states that the
Transition[supreg] is expected to eliminate the possibility of an
indeterminately long delay caused by either retracing the flight route
to clearer weather or diverting and waiting for the weather to pass.
Terrafugia expects that the Transition[supreg] will contribute to
significantly reducing a major source of fatal aviation accidents,
while also making GA more appealing and accessible to a greater number
of people. Additionally, because the Transition[supreg] is equipped
with basic FMVSS occupant crash protection features, it is advancing
passenger safety technology in light aircraft.
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\14\ Terrafugia Petition, p. 22.
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The Transition[supreg] uses an FAA certified, four cylinder, 100
horsepower, unleaded gasoline-fueled aircraft engine to power the
vehicle both in the air and on the ground. Terrafugia contends that the
use of unleaded gasoline will provide ``significant ecological and
energy benefits,'' as compared to the leaded gasoline used in other GA
aircraft. Terrafugia also envisions that one day a future version of
the Transition[supreg] may play a role in reducing highway congestion
and CO2 emissions by enabling more people to shift from
highway-based travel to a combination of flight and road use for mid-
range trips. Terrafugia expects that the Transition[supreg] will cruise
in the air at approximately 105 miles per hour and maintain highway
speeds on the ground, while attaining between 25 and 40 miles per
gallon in flight and on the road. Terrafugia anticipates that the
Transition[supreg] will only be operated on public roadways in
conjunction with a flight. The company expects that the typical
recreational owner will operate the vehicle as an aircraft for at least
65 percent of its engine-on-time, with less than 2,000 miles of road
driven annually. Terrafugia contends that the combination of low sales
volume and limited use on roadways limits the Transition's[supreg]
overall impact on motor vehicle safety.
Terrafugia also anticipates that by 2015 the production of the
Transition[supreg] will provide 500 manufacturing, engineering, and
support jobs to the U.S. economy.
IV. Terrafugia's Requested Temporary Exemptions
As always, we are concerned about the potential safety implication
of any temporary exemption granted by this agency. In the present case,
we are addressing a petition submitted for a temporary exemption from
FMVSS requirements pertaining to tire and rim selection, electronic
stability control (ESC), glazing materials, and advanced air bags.
According to the petition, the three-year requested exemption period
will give the petitioner, Terrafugia, the needed time and revenue to
reach compliant solutions.
A. FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
With a GVWR of 4,536 Kilograms (10,000 pounds) or Less, Sections S4.1,
S4.4 \15\
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\15\ 49 CFR 571.110.
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Terrafugia seeks an exemption from the tire and rim requirements of
FMVSS No. 110 S4.1 (general requirements), S4.4 (rim requirements).
Terrafugia states that compliance with the tire and rim requirements
for motor vehicles with a gross weight rating of 4,536 kilograms or
less would cause substantial economic hardship, and that Terrafugia has
tried to comply with the standard in good faith. Terrafugia intends on
using tires and rims with proper load and speed ratings that are
certified for motorcycle use. See 49 CFR 571.119. The company states
that the lighter motorcycle tire and rim combination would provide an
equivalent level of safety as tires certified for traditional passenger
vehicles, while allowing for a weight savings of 25 pounds (11.3 kg).
Terrafugia successfully flight tested the proposed tires for takeoff
and landing operations in spring 2009 and plans to conduct further
tests to include handling and braking.
B. FMVSS No. 126, Electronic Stability Control Systems \16\
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\16\ 49 CFR 571.126.
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Terrafugia seeks an exemption from the electronic stability control
(ESC) systems requirements of FMVSS No. 126. ESC systems employ
automatic computer-controlled braking of individual wheels to assist
the driver in maintaining control in critical driving situations.\17\
NHTSA's crash data study shows that ESC systems reduce the number of
fatal single-vehicle crashes of passenger cars and sport utility
vehicles (SUVs). NHTSA also estimates that ESC has the potential to
prevent 70 percent of the fatal passenger car rollovers and 88 percent
of the fatal SUV rollovers that would otherwise occur in single-vehicle
crashes.\18\
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\17\ 73 FR 54526, 54527 (September 22, 2008).
\18\ Id.
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Terrafugia states that it faces two challenges with an off-the-
shelf ESC unit. First, an ESC system would add
[[Page 70074]]
6 pounds of weight to the Transition[supreg] (i.e., assuming weight
could not be removed elsewhere in the vehicle). Second, an ESC system
poses a flight risk because by design an ESC system may automatically
cut the engine power when activated in a vehicle, which would create a
single point failure that could shut down the Transition's[supreg]
engine in flight. Terrafugia believes that this additional flight risk
outweighs the benefit of the ESC system to braking performance on the
ground. Terrafugia states that it currently does not have the technical
or financial resources to independently develop an ESC system for its
dual purpose vehicle and, to date, potential vendors have been
unwilling to provide an ESC system for use on the Transition[supreg]
because it is an aircraft.
C. FMVSS No. 205, Glazing Materials, Section S5 \19\
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\19\ 49 CFR 571.205.
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Terrafugia seeks an exemption from the glazing material
requirements of FMVSS No. 205, S5 (``Requirements''), which affect the
Transition's[supreg] windshield and side windows. Terrafugia states
that installing compliant glazing materials, such as traditional
laminated safety glass, would result in a weight penalty of 29 pounds
(13.2 kg). The company contends that it may not be able to remove this
additional weight without compromising the safety of existing crash
protection structures. Further, Terrafugia states that traditional
automotive glazing materials, when subjected to loading similar to a
bird strike in flight, either shatter, exposing the occupants to the
free-stream air, or craze to a level that would substantially inhibit
the pilots view.
Alternatively, Terrafugia plans to install polycarbonate glazing
material, which is normally used in aircraft, and withstands aircraft
bird strikes well. According to the petition, the polycarbonate
material has passed intrusion tests without cracking, but Terrafugia is
still pursuing options for scratch-resistant coating that can be
certified to tier 1 glass.\20\ In the meantime, Terrafugia intends to
require that the Transition's[supreg] windshield be subject to regular
inspections and contends that Transition[supreg] owners, as pilots,
already are accustomed to strict maintenance standards. Terrafugia
states that the exemption period will allow it to continue working on
the capacity of modern coated polycarbonate glazing materials to be
certified to the FMVSS requirements.
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\20\ We assume Terrafugia is referring to certification as Item
1 glazing, or traditional laminated safety glass.
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D. FMVSS No. 208, Occupant Crash Protection, Section S14 (Advanced Air
Bags) \21\
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\21\ 49 CFR 571.208.
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Terrafugia seeks an exemption from the advanced air bag
requirements of FMVSS No. 208 (S14) because the company currently does
not have the financial resources to design and install an advanced air
bag system. The company, however, intends to install basic air bags in
the Transition[supreg]. Terrafugia states that the Transition[supreg]
also will be equipped with a carbon fiber omega beam ``safety cage''
surrounding the passenger compartment, energy-absorbing crush
structures, seat belts, and other necessary passenger safety equipment
not traditionally installed in LSA. According to the petition,
Terrafugia anticipates using the sales revenue to pursue the
development of an advanced air bag system, ideally one that would be
able to differentiate between the needs of an automotive crash and an
aviation crash.
V. Request for Comments
We are providing a 30-day comment period and instructions for
submitting comments are described in the ``COMMENTS'' section of this
notice. As described in Terrafugia's petition, the Transition[supreg]
offers a pilot an alternative mode of transportation during periods of
inclement weather, allowing the pilot to drive on roads rather than fly
the vehicle. Given the safety features for which Terrafugia seeks
exemption, NHTSA specifically seeks comment on whether the safety
benefits of reducing weather-related accidents for flights of the
Transition[supreg] in inclement weather outweigh the safety risks
associated with road use of the Transition[supreg] in inclement
weather. NHTSA further seeks comment on the likelihood that a child
would be a passenger in the Transition[supreg] (i.e., there is one
front passenger seat and no rear seats) to evaluate the safety risks
posed by noncompliance with the advanced air bag requirements.
Issued on: November 9, 2010.
Nathaniel Beuse,
Director, Office of Crash Avoidance Standards.
[FR Doc. 2010-28732 Filed 11-15-10; 8:45 am]
BILLING CODE 4910-59-P