Interpretation ID: nht93-3.26

DATE: April 27, 1993

FROM: Scott R. Dennison -- Vice President-Production, Excalibur Automobile Corporation

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 9/27/93 from John Womack to Scott R. Dennison (A41; VSA Sec. 102 (illegible)

TEXT:

Thank you for your letter of April 19 in response to my fax to Mr. Robert Helmuth. I apologize if I misled my intentions of the letter. I am fully aware that the Motor Vehicle Safety Act of 1972 is quite clear and concise. I am also proud of the fact that Excalibur Automobile Corporation has been one of the manufacturers to comply with the Act as a specialty car, low volume manufacturer.

The point of my letter is that as one of the most well known specialty car manufacturers, I am constantly contacted by other low volume manufacturers and builders, as an "expert," who ask questions regarding compliance with both the FMVSS and EPA. My response is always the standard that if a person builds a vehicle to enter into commerce in the U.S., it must comply with the current standards in effect as of the year of manufacture. The most difficult area to offer more advice and direction is the treatment of FMVSS with regards to a '23 T-Bucket Hot Rod for instance. This is a car that would never comply yet there is a demand and someone will build one to sell.

My goal in all of this is to help all of the people in our industry comply with the standards and stay in business. It is just that at times I do not feel I have the right answers for some of these manufacturers and I would like to have some additional direction from Mr. Helmuth's office. Many of these builders, of course, will call me or someone like me, because they are afraid to call you for fear of reprisal. I would appreciate any advice you may have for me to pass one.

The "debate" I refer to in my letter is perhaps a misnomer but refers to the development of policy as currently being pursued by the National Hot Rod Association (NHRA) lobbyists and the Specialty Equipment Market Association (SEMA) regarding hot rods, muscle cars, and replicars. The debate appears to be more of can a new, more specific policy be developed which will allow these builders to produce an authentic replica and stay within the standards?

I would reference the policy which was developed by the U.S. EPA in order to allow specialty car builders the ability to utilize previously certified engine systems and not have to go through the expensive and intricate certification procedure. I have enclosed a copy of this policy for your review.

After you have had an opportunity to reflect on the situation that I face with these builders and manufacturers, please let me know your thoughts and any advice that you might offer me. I thank you for your time and effort

and hope that my requests do not place an undo burden on you or your department.

Enclosure (EPA KIT CAR POLICY) omitted.