Interpretation ID: 8317
Acting Director
Automotive Safety Engineering
GM Environmental and Energy Staff
Box 9055
Warren, MI 48090-9055
Dear Mr. Bennett:
We have received the petition by General Motors (GM) for temporary exemption of a fleet of approximately 50 GM electric vehicles (GMEVs) from several Federal motor vehicle safety standards. GM would retain title to and ownership of the GMEVs which would be provided to private individuals and used for demonstration purposes over a 2-year period. The exemptions would be effective October 1, 1993. For the reasons set forth below, we are unable to consider the petition in its present form, and recommend that you either supplement it or withdraw and resubmit it when it has been revised in accordance with our procedures.
First, we have comments on several of the Safety Standards from which GM has requested exemption. With respect to Standard No. 105, GM appears to have requested exemption from the standard in its entirety, commenting that until "resolution of remaining EV regulatory issues associated with FMVSS 105 . . . GM is unable to certify the GMEV . . . as being fully compliant . . . ." We suggest that GM restrict its request for exemption to the specific sections of Standard No. 105 that may be affected by the pending resolution of issues involving brakes for electric vehicles and that this will facilitate GM's argument that an exemption would not unduly degrade the safety of the GMEV.
We also prefer the use of objective data to subjective terms where practicable. GM has requested exemption from some of the photometric requirements of Standard No. 108 because the possibility exists that candlepower values may be "slightly below" the minimum requirements "at a few test points". Is it possible to identify the test points and to quantify the potentially lower candela at those points?
Similarly, GM has argued that "preliminary testing has indicated that" the GMEV will "substantially comply" with Standards Nos. 208, 212 and 219. Under section 555.6(c)(2), a petitioner shall provide ". . . testing documentation establishing that a temporary exemption will not unreasonably degrade the safety of the vehicle . . . ." Therefore we ask GM to submit the preliminary test reports in substantiation of its petition.
Finally, GM has also failed to set forth the arguments required by 49 CFR 555.5(b)(7) as to why an exemption would be in the public interest and consistent with the objectives of the National Traffic and Motor Vehicle Safety Act.
We note in passing the unusual use in the petition of the argument that "the GMEV will provide an overall level of safety that is substantially equivalent to the level of safety of nonexempted vehicles." The argument of overall safety equivalence is the basis for exemption provided by Section 555.6(d), not Section 555.6(c) where a petitioner must demonstrate that an exemption would not unreasonably degrade the safety of the vehicle. However, we interpret GM's argument to mean that it views its failures to meet Standards Nos. 201, 208, 212, and 219, as technical in nature with essentially no degradation in safety, let alone a degradation that approaches unreasonableness. For this reason, we believe all the more strongly that GM should provide the preliminary test report results mentioned above.
When we have received GM's new petition, we shall prepare a Federal Register notice requesting public comment. If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263).
Sincerely,
John Womack Acting Chief Counsel ref:555 d:3/15/93