Interpretation ID: nht80-2.2

DATE: 04/15/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Warehouse Bus Parts, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30 April 15, 1980

Mr. Donald E. Lenda Executive Vice President Warehouse Bus Parts, Inc. 100 Gruner Road Cheektowaga, New York 14227

Dear Mr. Lenda:

This responds to your recent letter regarding a device to prevent siphoning of fuel from trucks and buses which your company intends to market. You seek a Federal endorsement stating that this anti-siphon device is in compliance with Federal motor vehicle safety standards.

There are currently no Federal safety standards that are directly applicable to a device such as yours. Safety Standard No. 301, Fuel System Integrity (49 CFR 571.301), applies only to completed motor vehicles with a gross vehicle weight rating of 10,000 pounds or less. It does not apply to individual components of a fuel system or to aftermarket equipment for use on fuel systems. Rather, the standard specifies performance requirements that must be met by the fuel system as a whole following barrier crash tests.

Although Safety Standard No. 301 would not be directly applicable to the anti-siphon device, use of the device may give rise to responsibilities under our regulations. Any person who alters a motor vehicle prior to the vehicle's first purchase for purposes other than resale (i.e., first purchase by a consumer) is required to place an additional label or tag on the vehicle certifying that the vehicle, as altered, continues to be in compliance with all applicable Federal motor vehicle safety standards (49 CFR 567.7). Therefore, if a vehicle is altered prior to its first purchase by the addition of your anti-siphon device, the person installing the device would have to certify that the vehicle is still in compliance with Safety Standard No. 301. (Remember, however, that Safety Standard No. 301 applies only to vehicles having GVWR's of 10,000 pounds or less, so an alterer's label would not be required if the device is installed on a heavy truck or bus).

In addition to the requirements for persons who alter new vehicles prior to their first purchase, there are prohibitions against certain modifications of used vehicles. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended 1979 (15 U.S.C. 1381, et seq.), specifies that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with the Federal safety standards. Therefore, none of these persons could modify a used vehicle by installing the anti-siphon device if that installation would destroy the vehicle's compliance with Safety Standard No. 301 or any other safety standards.

Whether or not the anti-siphon device could be installed on a vehicle without destroying the vehicle's compliance with Safety Standard No. 301 is a determination which must be made by your company or by the person making the installation. The agency does not pass advance approval on motor vehicles or motor vehicle equipment prior to the actual events that underlie certification. It is up to the manufacturer to determine and certify the compliance, in accordance with statutory criteria.

I hope this has been responsive to your inquiry. If you have any further questions, please contact Hugh Oates of my office (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel

March 6, 1980

N.H.T.S.A. Office of Chief Counsel Room 400 7th Southwestern Street Washington, D.C. 20590

Gentlemen:

In order to combat the ever increasing fuel theft problem that school bus and truck fleet operators are experiencing, we have designed and developed an anti-siphon device for these applications. Enclosed is a photograph of one of the early prototypes.

The final production model is similar but there are some subtle changes in the spring shape and cage design.

Installation of the device is as simple as screwing on a gas cap. A 2 cc vial of Loctite RC-680 will be supplied with each unit. This special grade of Loctite is unaffected by gasoline or diesel fuel. It serves a twofold purpose: (1) it forms an airtight seal between the threads of the filler pipe and the unit and (2) locks the threads to form a permanent installation. With this grade of Loctite on the threads, over 500 ft-lbs of torque is required to remove the unit. This is more-than one man can exert using a 6 foot bar.

We currently have six models ready to fit the various lengths and thread configurations of different fuel tanks. The following table shows their application:

Gas Cap with Gas Cap with Internal Threads External threads

Inside 3" to 4" SK-1-34 SK-2-34 Length of 6" to 7" SK-1-67 SK-2-67 Filler Pipe 9" to 10" SK-1-910 SK-2-910

When installed, the anti-siphon device becomes an integral part of the filler neck and adds only 7/8" to its overall length which is well within the protection of the tank's safety cage. Also, the original fused safety fuel cap is used the same as was before the installation of the anti-siphon device.

It is important that the proper model be applied for maximum security and ease of refuelling. The unit is designed to provide free flow of fuel into the tank when applied to the proper length filler pipe. If, however, the wrong length device is used, one of two situations can occur:

1 - A long anti-siphon device (SK-1-910) used in a short 3" filler neck: - no security will result.

2 - A short anti-siphon device (SK-1-34) used in a long 9" filler neck: - fuel security will be maintained however excessive back pressure may result when filling the tank causing automatic gas handles to kick off.

In both of the above cases, the safe operation of the vehicle will remain intact. Our tests of this device in actual vehicles has convinced us that this device meets all the requirements set forth in Federal Standard 301 with respect to fuel system integrity.

Since the majority of the potential users of this device operate vehicles which are subject to D.O.T. inspection (primarily school buses), I am seeking Federal endorsement to the effect that the use of our anti-siphon device is in full compliance with all Federal Safety standards.

If there are further questions regarding this matter, please feel free to call me at (716) 631-8130 or (716) 896-6105.

Please reply at your ealiest convenience. Thank you.

Very truly yours,

WAREHOUSE BUS PARTS, INC.

Donald E. Lenda Executive Vice President

DEL:gd

Enclosure