Interpretation ID: nht78-1.9
DATE: 12/26/78
FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA
TO: Marque Motors
TITLE: FMVSR INTERPRETATION
TEXT:
DEC 26 1978
Mr. Sheldon C. Brooks Marque Motors 8711 Lyndale Ave., So. Bloomington, Minnesota 55420
Dear Mr. Brooks:
This is in response to your letter of December 4, 1978, requesting an exemption from the requirements of Part 581, Bumper Standard (49 CFR 581), for ten Lamborghini Countach vehicles currently under construction. You state that the Lamborghini Company's small size and difficult economic situation preclude immediate redesign of the Countach model to bring it into compliance with the bumper regulation.
Federal Motor Vehicle Safety Standard Number 215, Exterior Protection (49 CFR 571.215), from which Lamborghini had been granted an exemption, was issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act). Section 123 of the Safety Act permits the exemption of motor vehicles from safety standards when compliance would cause a manufacturer substantial economic hardship and the manufacturer has attempted in good faith to comply (15 U.S.C. 1410). Standard No. 215 was revoked effective September 1, 1978.
The present bumper regulation, Part 581, effective September 1, 1978, was issued under Title I of the Motor Vehicle Information and Cost Savings Act (Cost Savings Act) (15 U.S.C. 1901), which permits exemptions only for passenger motor vehicles manufactured for a special use. In view of the narrowness of this statutory provision, the National Highway Traffic Safety Administration has no authority to grant an exemption from Part 581 on the basis of economic hardship or limited production.
Part 581 applies to passenger motor vehicles, other than multipurpose vehicles, manufactured on or after September 1, 1978 (49 CFR 581.5(a)). Therefore, vehicles manufactured by Lamborghini which are completed after August 31, 1978, must meet the requirements of the regulation, if they are imported into or sold in the United States.
Sincerely,
Joseph J. Levin, Jr. Chief Counsel
December 4, 1978
Richard Hipolit NASSIS Room 5219 400 7th Street S.W. Washington, D.C. 20590
Dear Mr. Hipolit:
With regard to our telephone conversation of December 1st regarding the Lamborghini Company, I would like to state that I am an associate of the company and I have been asked by them to work with the proper authorities here in the United States in order to extend the bumper exemption on the Lamborghini Countach.
In speaking with Joe Levin he suggested that I take the matter up with you, and that if you were in a position to interpret the law that something could be done if it fell within the interpretation of that law. Speaking with you, you stated that you could call me back today, Monday, regarding the possibility of accepting approximately 10 cars that are under construction to be exported to the United States. As the Lamborghini factory is undergoing extensive reorganization it would take us approximately 18 months to design the automobile in a fashion that would meet the present bumper requirements. As you know, the company is very small and its production is extremely limited. Especially limited are those cars that find their way to the United States. I would estimate that a maximum of 25 cars enter the United States, cars of the Countach variety, in any given year.
I would appreciate hearing from you as to whether it is possible to extend the bumper exemption for 18 months or so on these 10 cars. This would relieve the company of a great deal of pressure and might make the difference between its existence and nonexistence. As this company is one that produces one of the hallmark type of automobiles of the Italian people, it would be a good bit of public relations for all to extend the exemption. I'm at your disposal at any time to be in Washington to explain the case personally or to help in any way that I possibly can. I appreciate your interest and cooperation and do hope that we can get affirmative results.
Kind regards,
Sheldon C. Brooks President
SCB:dlw