Interpretation ID: nht93-7.51

DATE: November 3, 1993

FROM: William J. MacAdam -- President and CEO, trans2 Corporation

TO: John G. Womack, Esq. -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to William J. MacAdam (A42; VSA 102(3))

TEXT:

Enclosed is a letter written on behalf of trans2 Corporation (trans2) requesting that the National Highway Traffic Safety Administration (NHTSA) issue a letter confirming that the electric vehicle that trans2 plans to manufacture is not a "motor vehicle" as that term is defined in the National Traffic and Motor Vehicle Safety Act. A list of vehicle specifications and two photographs of the vehicle are also enclosed.

Pursuant to 49 C.F.R. Part 512, I hereby request that NHTSA treat the list of vehicle specifications and the photographs as confidential business information and withhold them from public disclosure.

trans2 hasn't yet begun full scale manufacture of their low speed electric vehicle. Public disclosure of the vehicle's specifications and the photographic detail of the vehicle's appearance would cause the company substantial competitive harm. Such disclosure would provide trans2's competitors with an opportunity to develop competing products faster. As such, the information constitutes a trade secret and is confidential commercial information.

trans2 has made efforts to prevent the information contained in the vehicle specifications and the photographs from becoming publicly available. The photographs have only been seen by employees of trans2, the company's attorneys and investment bankers, a few key suppliers and limited number of potential investors. All of the above disclosures were on a confidential basis. The list of vehicle specifications has only been disclosed to the company's attorneys.

We are aware of no occasions on which this information has appeared publicly, or any other circumstances that would compromise the confidential nature of the information. We are aware of no prior determinations by NHTSA or any other federal agency or federal courts relating to the confidentiality of the submitted information or similar information. Moreover, disclosure of this type of information would impair NHTSA's ability to obtain similar information from small manufacturers in the future.

We request NHTSA to keep the materials confidential until January 1, 1995.

Thank you for you consideration of this request.

ENCLOSURE

11/3/93

Mr. John G. Womack, Esq. Acting Chief Counsel, NHTSA

Dear Mr. Womack:

On behalf of trans2 Corporation (trans2), I am writing to request the National Highway Traffic Safety Administration (NHTSA) issue a letter confirming that the electric vehicle which trans2 plans to manufacture is not a "motor vehicle" within the meaning of the National Traffic and Motor Vehicle Safety Act (the "Safety Act").

trans2 intends to manufacture a low speed electric vehicle for use in residential communities, university campuses, industrial complexes and on short commuter trips. As you can see from the attached photographs and technical description, the trans2 vehicle has a body configuration that readily distinguishes it from other highway vehicles. In addition, the trans2 vehicle has a top speed of 20 miles per hour.

Section 108(a)(1) of the Safety Act prohibits the manufacture for sale of motor vehicles that do not conform to applicable federal motor vehicle safety standards. 15 U.S.C. 1397(a)(1). Section 102(3) defines a "motor vehicle" as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on rail or rails." 15 U.S.C. 1391(3) We understand that prior NHTSA interpretations of the Safety Act have excluded certain limited use vehicles from the definition of "motor vehicles." For example, NHTSA has determined that vehicles with "an abnormal body configuration that readily distinguishes them from other highway vehicles and maximum speed of 20 miles per hour (mph) are not considered motor vehicles." Letter from Paul Jackson, NHTSA Chief Counsel, to Matthew J. Plache, Esq., at 2 (Dec. 3, 1991); see also Letter from Jeffrey R. Miller, NHTSA Chief Counsel to Alexander E. Nagy, at 2 (April 16, 1985). The trans2 vehicle satisfies these two criteria.

Accordingly, based on NHTSA's prior interpretations of the Safety Act, we request a NHTSA letter confirming that the foregoing interpretation remain applicable and that when applied to the trans2 vehicle result in the conclusion that our vehicle is not "motor vehicle" under the Safety Act.

Thank you for your consideration of this request. Please contact me if you need further information about the trans2 vehicle.

ATTACHMENTS

(Specifications and photo omitted.)