Interpretation ID: 77-3.25

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin, Jr.; NHTSA

TO: AM General Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 10, 1977, petitioning for temporary exemption, on behalf of an electric truck, from Federal Motor Vehicle Safety Standards Nos. 102 and 301.

Your petition is inadequate for consideration at this time. A manufacturer may apply for temporary exemption upon only one basis, while AM General's petition is an attempt to apply both on grounds of hardship (49 CFR 555.6(a)) and of low-emissions vehicle development (555.6(c)). On either basis the petition lacks the full complement of information required by Part 555.

In view of the fact that AM General has previously received an exemption (NHTSA Exemption No. 74-4) under 555.6(c) I suggest that you reapply on that basis, using the company's previous petition as a guide. Your present petition is inadequate under 555.6(c) because it does not provide "reasons why the failure to meet the standard does not unreasonably degrade the safety of the vehicle" (555.6(c) (2) (iv)). It also does not supply the results of tests conducted on conforming vehicles to substantiate certification to Standards Nos. 102 and 301-75 (555.6(c) (2) (ii)); you have morely stated that AM General manufactures vehicles that meet these standards.

Under our general requirements for petitions, AM General must also provide its views why the granting of the petition would be in the public interest and consistent with the objectives of the National Traffic and Motor Vehicle Safety Act (555.5(b) (7)).

We shall be pleased to consider your petition further when you have furnished the information requested.