Interpretation ID: nht91-6.18

DATE: October 9, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Gordon W. Didier -- Butzel Long

TITLE: Re ASC, Inc. - Petition for Low Volume Exemption from Average Fuel Economy Standards

ATTACHMT: Attached to letter dated 9-25-91 from Gordon W. Didier to Paul Jackson Rice

TEXT:

In a letter dated September 25, 1991, you indicated that General Motors Corporation has agreed to accept the transfer from ASC, Inc. to General Motors of responsibility under the CAFE law for model year 1989 and 1990 Turbo Grand Prix vehicles, provided that NHTSA does not object to this transfer of CAFE responsibility. You enclosed a copy of a letter from General Motors confirming this agreement. You indicated that ASC and General Motors are communicating directly with the Environmental Protection Agency (EPA) to arrange for the EPA to amend its data base and include ASC's production in the calculations for General Motors for model years 1989 and 1990. You requested written confirmation that NHTSA does not have any objection to this arrangement, in order that you can provide EPA with a copy.

This letter is to confirm that NHTSA does not have any objection to General Motors taking CAFE responsibility for the model year 1989 and 1990 Turbo Grand Prix vehicles. The reasons underlying this opinion are set forth in the July 29, 1991, Federal Register notice (56 FR 35834) denying ASC's petition for a low volume exemption for these vehicles. In particular, the vehicles have two manufacturers, GM and ASC, and since 49 CFR Part 529 does not cover the manufacturing arrangements of GM/ASC, the manufacturers can, under a past NHTSA interpretation, determine by agreement which of them will count a vehicle as its own.