[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]
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