[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67491-67492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32546]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 531
[Docket No. 96-067; Notice 2]
Passenger Automobile Average Fuel Economy Standards; Final
Decision to Grant Exemption
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final decision.
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SUMMARY: This final decision responds to a joint petition filed by
Vector Aeromotive Corporation (Vector) and Automobili Lamborghini
S.p.A. (Lamborghini) requesting that each company be exempted from the
generally applicable average fuel economy standard of 27.5 miles per
gallon (mpg) for model years (MYs) 1995 through 1997, and that lower
alternative standards be established. In this document, NHTSA is
establishing alternative standards of 12.8 mpg for MY 1995, 12.6 mpg
for MY 1996, and 12.5 mpg for MY 1997, for Lamborghini and Vector.
DATES: Effective date: February 6, 1997. Applicability dates: This
exemption and the alternative standards apply to Lamborghini and Vector
for MYs 1995, 1996 and 1997.
Petitions for reconsideration: Petitions for reconsideration must
be received no later than February 6, 1997.
ADDRESSES: Petitions for reconsideration of this rule should refer to
the docket number and notice number cited in the heading of this notice
and must be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh Street, SW, Washington DC 20590.
FOR FURTHER INFORMATION CONTACT: Ms. Henrietta Spinner, Office of
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW,
Washington DC 20590. Ms. Spinner's telephone number is: (202) 366-4802.
SUPPLEMENTARY INFORMATION:
Background
NHTSA is exempting Lamborghini and Vector from the generally
applicable average fuel economy standard for 1995, 1996 and 1997 model
year passenger automobiles and establishing alternative standards
applicable to Lamborghini and Vector for each of these model years.
This exemption is issued under the authority of section 32902(d) of
Chapter 329 of Title 49 of the United States Code (formerly section
502(c) of the Motor Vehicle Information and Cost Savings
[[Page 67492]]
Act)(49 U.S.C. 32902(d)). Section 32902(d) provides that NHTSA may
exempt a low volume manufacturer of passenger automobiles from the
generally applicable average fuel economy standards for passenger
automobiles if the agency concludes that those standards are more
stringent than the maximum feasible average fuel economy for that
manufacturer and establishes an alternative standard for that
manufacturer at its maximum feasible level. Under the Act, a low volume
manufacturer is one that manufactured (worldwide) fewer than 10,000
passenger automobiles in the second model year before the model year
for which the exemption is sought (the affected model year) and that
will manufacture fewer than 10,000 passenger automobiles in the
affected model year. In determining maximum feasible average fuel
economy, the agency is required by section 32902(f) of the Act to
consider:
(1) Technological feasibility;
(2) Economic practicability;
(3) The effect of other Federal motor vehicle standards on fuel
economy; and
(4) The need of the Nation to conserve energy.
Proposed Decision and Public Comment
This final decision was preceded by a proposal announcing the
agency's tentative conclusion that Lamborghini and Vector should be
exempted from the generally applicable MY 1995, 1996 and 1997 passenger
automobile average fuel economy standard of 27.5 mpg, and that an
alternative standard of 12.8 mpg for MY 1995, 12.6 mpg for MY 1996, and
12.5 mpg for MY 1997 be established for Lamborghini and Vector (61 FR
39429; July 29, 1996). The agency did not receive any comments in
response to the proposed decision.
NHTSA Final Determination
Therefore, the agency is adopting the tentative conclusions set
forth in the proposed decision as its final conclusions, for the
reasons set forth in the proposed decision. Based on the conclusions
that the maximum feasible average fuel economy level for Lamborghini
and Vector is 12.8 mpg for MY 1995, 12.6 mpg for MY 1996, and 12.5 mpg
for MY 1997, that other Federal motor vehicle standards will not affect
achievable fuel economy beyond the extent considered in the proposed
decision, and that the national effort to conserve energy will not be
affected by granting this exemption, NHTSA hereby exempts Lamborghini
and Vector from the generally applicable passenger automobile average
fuel economy standard for the 1995, 1996 and 1997 model year and
establishes an alternative standard of 12.8 mpg for MY 1995, 12.6 mpg
for MY 1996, and 12.5 mpg for MY 1997 for Lamborghini and Vector.
Regulatory Impacts
NHTSA has analyzed this decision, and determined that neither
Executive Order 12866 nor the Department of Transportation's regulatory
policies and procedures apply, because this decision is not a ``rule,''
which term is defined as ``an agency statement of general applicability
and future effect.'' This exemption is not generally applicable, since
it applies only to Lamborghini and Vector. If the Departmental policies
and procedures were applicable, the agency would have determined that
this action is not ``significant.'' The principal impact of this
exemption is that Lamborghini and Vector will not be required to pay
civil penalties if they achieve a CAFE level equivalent to the
alternative standard established in this notice. Since this decision
sets an alternative standard at the level determined to be Lamborghini
and Vector's maximum feasible average fuel economy, no fuel would be
saved by establishing a higher alternative standard. The impacts for
the public at large will be minimal.
The agency has also considered the environmental implications of
this decision in accordance with the National Environmental Policy Act
and determined that this decision will not significantly affect the
human environment. Regardless of the fuel economy of a vehicle, it must
pass the emissions standards which limit the amount of emissions per
mile traveled. Thus, the quality of the air is not affected by this
exemption and alternative standard. Further, since Lamborghini and
Vector's 1995, 1996 and 1997 model year automobiles cannot achieve
better fuel economy than 12.8 mpg for MY 1995, 12.6 mpg for MY 1996,
and 12.5 mpg for MY 1997, granting this exemption will not affect the
amount of gasoline consumed.
Since the Regulatory Flexibility Act may apply to a decision
exempting a manufacturer from a generally applicable standard, I
certify that this decision will not have a significant economic impact
on a substantial number of small entities. This decision does not
impose any burdens on Lamborghini and Vector. It relieves the company
from having to pay civil penalties for noncompliance with the generally
applicable standard for MY 1995, 1996 and 1997. Since the price of
1995, 1996 and 1997 Lamborghini and Vector automobiles will not be
affected by this decision, the purchasers will not be affected.
List of Subjects in 49 CFR Part 531
Energy conservation, Gasoline, Imports, Motor vehicles.
In consideration of the foregoing, 49 CFR Part 531 is amended as
follows:
PART 531--[AMENDED]
1. The authority citation for Part 531 continues to read as
follows:
Authority: 49 U.S.C. 32902; Delegation of authority at 49 CFR
1.50.
2. In section 531.5, the introductory text of paragraph (b) is
republished for the convenience of the reader and paragraph (b)(12) is
added to read as follows:
Sec. 531.5 Fuel economy standards.
* * * * *
(b) The following manufacturers shall comply with the standards
indicated below for the specified model years:
* * * * *
(10) Automobili Lamborghini S.p.A./Vector Aeromotive Corporation.
------------------------------------------------------------------------
Average
fuel
economy
Model year standard
(miles
per
gallon)
------------------------------------------------------------------------
1995......................................................... 12.8
1996......................................................... 12.6
1997......................................................... 12.5
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* * * * *
Issued on: December 18, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-32546 Filed 12-20-96; 8:45 am]
BILLING CODE 4910-59-U
