Interpretation ID: 18560.ztv

Mr. Malcolm R. Currie
President and CEO
Currie Technologies Inc.
7011 Havenhurst Ave., Unit A
Van Nuys, CA 91405

Dear Mr. Currie:

This is in reply to your letter of August 11, 1998, to Taylor Vinson of this Office, requesting a temporary exemption from the Federal motor vehicle safety standards that apply to motor driven cycles. You believe that your product, an electric bicycle, qualifies for an exemption under 49 U.S.C. Sec.30113(b)(3)(B)(iii). This section authorizes exemptions that "would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle." You plan to introduce your product in September 1998 if the exemption is approved.

I am sorry to inform you that we cannot grant an exemption on the basis of your letter. Section 30113 has been implemented by 49 CFR Part 555, and the procedures set out in this regulation must be followed both by you and the agency in considering requests for temporary exemptions. To apply for an exemption on the basis of Sec. 30113(b)(3)(B)(iii), you must submit an application containing the information specified in Sec. 555.5(b) and Sec. 555.6(c).

The agency does not grant blanket exemptions from the Federal motor vehicle safety standards (49 CFR Part 571). This means that your application must identify each standard, or the part of each standard, that applies to motor driven cycles, and from which you are requesting exemption. As indicated above, the application should contain sufficient information upon which the Administrator may find that the exemption "would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle."

When we have received an application meeting the procedural requirements of Part 555, we prepare and publish in the Federal Register a notice inviting interested persons to comment on the application, which provides them a period of 30 days in which to do so. After evaluating the comments, we prepare and publish the Administrator's decision. The entire exemption process requires three to four months. This means that, under the best of circumstances, we could not give you an answer as early as September 1998.

If you have any questions, please call Taylor Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:555
d.9/29/98