Interpretation ID: aiam2492
President
Fleming Metal Fabricators
2810 South Tanager Avenue
Los Angeles
CA 90040;
Dear Mr. Fleming: This is in response to your December 3, 1976, letter concerning th relationship between Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity*, and the fuel tanks that you manufacture for vehicles with a gross vehicle weight rating of 10,000 pounds or less.; Standard No. 301- 75 applies to whole vehicles rather than to fue tanks. Therefore, the responsibility under Federal law for compliance with the standard lies with the vehicle manufacturer. He must exercise due care in certifying that the vehicle will, if tested by the NHTSA as specified in S6 and S7 of the standard, meet the fuel spillage requirements set out in S5. What constitutes 'due care' in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and above all the diligence evidenced by the manufacturer.; The vehicle manufacturer who installs a fuel tank manufactured by yo may, in order to meet his duty to exercise due care, rely on assurances from you concerning the tank's performance characteristics, to the extent that such reliance is reasonable. Your assurances, in turn, need not necessarily be based on actual crash testing of vehicles equipped with your fuel tanks under the exact conditions prescribed in the standard.; You should both note, of course, that the ability of a vehicle t conform to the standard depends not only on the performance capabilities of the fuel tank itself, but also on other factors including the manner and location in which it is mounted. The fact that your fuel tanks conform with Federal Highway Administration requirements (49 CFR SS393.65 and 393.67), therefore, does not by itself imply that vehicles equipped with such tanks are capable of passing the crash test requirements of Standard No. 301-75.; Similarly, the fact that your company's manufacturing procedures an its mounting and installation instructions conform to established industry practices is not sufficient evidence of due care, unless it is reasonable to conclude from it that the vehicles will conform.; Sincerely, Frank A. Berndt, Acting Chief Counsel