Interpretation ID: nht93-4.13

DATE: May 28, 1993

FROM: Richard J. Dessert -- Proprietor, Sun Cycle Company

TO: Administrator -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1/11/94 from John Womack to Richard J. Dessert (A42; Part 555) and letter dated 5/7/93 from John W. Schumann

TEXT:

I, Richard Dessert, as owner of Sun Cycle Company, a sole proprietorship organized within the State of California, hereby petition the National Highway Traffic Safety Administration (NHTSA) for a temporary exemption from the safety standards of the National Traffic and Motor Vehicle Safety Act of 1966 for a period of two years to facilitate the development of new motor vehicle low emission engine features. It is the intent of Sun Cycle Company to produce electric vehicles (EVs) that will comply with all NHTSA safety standards including those which are scheduled to take effect in 1995. Further, it is the belief of Sun Cycle Company that the first prototype production vehicles to be produced by Sun Cycle Company would substantially comply with all the safety standards for motor vehicles as required by NHTSA.

The basis for this petition for temporary exemption is the development and field evaluation of a low-emission motor vehicle. Sun Cycle Company will manufacture electric vehicles which it believes will comply with all emission standards of the Clean Air Act and thus would be considered a low-emission vehicle. (The Sun Cycle electric vehicles would be classified as zero-emission vehicles as defined by the California Air Resources Board.)

It is the intent of Sun Cycle Company to subject the electric vehicles to testing that would lead to substantiation for certification to the safety standards of NHTSA.

It is the intent of Sun Cycle Company to produce a limited number of electric vehicles for purchase by the Los Angeles Department of Water and Power (LADWP) if a mutually agreed upon purchase contract is signed between Sun Cycle Company and LADWP. Documentation of a Request for Proposals for Acquisition of Electric Vehicles (RFP) from qualified and successful bidders (dated May 5, 1993) is attached to this letter as Attachment A. As part of LADWP requirements for successful bidders, evidence of progress towards obtaining Federal Motor Vehicle Safety Standards certification may be provided through demonstration that an application was made with NHTSA for a temporary exemption from Federal Motor Vehicle Safety Standards. LADWP states on page 4 of their RFP that it intends among other uses to use the purchased electric vehicles (Evs) to assess and promote ongoing advancements in EV technology.

At the end of the exemption period it is the intent of Sun Cycle to produce electric vehicles which conform to all safety standards of the NHTSA. Sun Cycle Company will not sell more than 2,500 exempted vehicles in the United States in any 12 month period if granted a temporary exemption by NHTSA.

If you should have further questions regarding this petition for temporary

exemption, please direct them to me at the address and telephone indicated on this letter.