Interpretation ID: nht94-3.88

TYPE: INTERPRETATION-NHTSA

DATE: August 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA; Stamped Signature by Kenneth N. Weinstein

TO: John E. Gillick, Esq. -- Winthrop, Stimson, Putnam & Roberts

TITLE: NONE

ATTACHMT: Attached to letter dated 5/16/94 from Gianfranco Venturelli to Christopher Hart

TEXT: Dear Mr. Gillick:

This responds to your request for an interpretation of the phase-in requirements of Standard No. 214, Side impact protection. In the alternative, you also petition NHTSA to grant your client, Automobili Lamborghini S.p.A. (Lamborghini), a temporary exemp tion from Standard No. 214 until September 1, 1996, pursuant to 49 CFR part 555, Temporary exemption from motor vehicle safety standards.

By way of background, on October 30, 1990 (55 FR 45722), NHTSA published a final rule establishing new dynamic performance requirements for Standard No. 214, and two alternative phase-in schedules for manufacturers to comply with the new requirements. Y ou write that Lamborghini was owned by Chrysler Corporation at the final rule's publication, and Lamborghini planned to comply with Standard No. 214's phase-in schedule by being counted as part of Chrysler's fleet.

You write that on January 31, 1994, Chrysler sold Lamborghini. You state that Lamborghini, on its own, is not able to meet either of the two phase-in schedules established in Standard No. 214. Thus, despite Lamborghini's sale, you are asking NHTSA to p ermit Chrysler to include Lamborghini's vehicles as part of Chrysler's fleet for purposes of compliance with Standard No. 214's phase-in schedule.

We are unable to interpret the phase-in requirements of Standard No. 214 as you suggest. This is because these requirements apply to vehicles "produced by more than one manufacturer," and the vehicles in question will not be. Alternatively, we have furt her determined that your request would be most appropriately resolved by treating it as a

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petition pursuant to part 555. We are presently reviewing your submission pursuant to part 555, and anticipate issuing a proposed decision shortly. If you have any questions, please contact Mr. Z. Taylor Vinson of my staff at (202) 366-2992.