Interpretation ID: nht88-3.75

TYPE: INTERPRETATION-NHTSA

DATE: 10/20/88

FROM: LANCE E. TUNICK -- VICE PRESIDENT AND GENERAL COUNSEL MASERATI AUTOMOBILES INC

TO: ERIKA Z. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: REQUEST FOR INTERPRETATION OF FMVSS 208

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z. JONES -- NHTSA TO LANCE E. TUNICK, REDBOOK A33, STANDARD 208; LETTER DATED 09/04/85 FROM JEFFREY R. MILLER TO STEPHEN T. WAIMEY AND DEAN HANSELL, STANDARD 208; LETTER DATED 11/10/75 FROM FRANK A. BERNDT TO JOHN B. WHITE, N40-30, SECTION 108(B)(5)

TEXT: Dear Ms. Jones:

Maserati Automobiles Incorporated (MAI) requests an interpretation of the requirements in S.4.1.3. of FMVSS 208 concerning the minimum annual production of passenger cars that must be equipped with passive restraints. More specifically, because the s tandard applies only to vehicles produced for sale in the U.S. and because, under Section 108 (b) (5) of the Safety Act, the standard does not apply to vehicles intended solely for export, MAI assumes that if, during a "phase-in" period, vehicles that we re previously imported into the U.S. by MAI are exported to Canada (where we have one dealer) would be deducted from the U.S. production total to arrive at the base figure to which the phase-in percentage would apply.

We would greatly appreciate your confirming this interpretation as soon as possible, so that we can report under 49 CFR Part 585.

Thank you.

Sincerely yours,