Interpretation ID: nht80-2.34

DATE: 05/07/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Hon. Samual S. Stratton - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT:

MAY 7 1980

NOA-30

Honorable Samuel S. Stratton House of Representatives Washington, D.C. 20515

Dear Mr. Stratton:

This responds to your recent correspondence requesting information on behalf of the Schenectady County Traffic Safety Board. The Safety Board is concerned that many new or converted propane-powered vehicles carry no identification indicating that the vehicles contain propane fuel instead of gasoline. The Safety Board states that this creates a dangerous situation for firemen, policemen or other emergency personnel who respond to accidents involving propane-powered vehicles. You were asked to initiate legislative action to require such identification on these vehicles.

The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. Therefore, if there were a demonstrated safety need for identification on propane vehicles, the agency would have authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, et seq.) to require a label or tag as was suggested by the Safety Board. Please inform the Safety Board that it should petition the agency to initiate rulemaking action to establish such a requirement if it has information or evidence indicating that a safety problem does indeed exist. I have enclosed a copy of the regulation which explains what must be included in a Petition for Rulemaking.

The agency has no authority under the Vehicle Safety Act to regulate used motor vehicles and, therefore, could not require an identification label on a used vehicle that is converted to propane fuel. Congress left this jurisdiction to the individual States. Consequently, Congressional action or action at the State level would be required to mandate identification labels on used vehicles.

I am also enclosing a copy of a letter of interpretation the agency issued last August which discusses the implications under Federal law of installing auxiliary fuel tanks in motor vehicles and of converting vehicles to the use of propane gas. Although not directly related to the Safety Board's concern, it might be of interest.

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

Sincerely,

Frank Berndt Chief Counsel

3 Enclosures: Constitutent's correspondence Copy of regulation Copy of August letter

March 26, 1980

Hon. Samuel Stratton House of Representatives United States Congress Washington, D.C. 20590

Dear Congressman Stratton:

The Schenectady County Traffic Safety Board is concerned that many new or converted propane-propelled vehicles carry no indication that these vehicles contain propane fuel tanks.

This lack of information could have very tragic results if a propane-propelled vehicle is involved in an accident or catches on fire. Firemen, policemen, or other emergency personnel responding to the scene will be unaware of the danger presented by the propane fuel tanks and will not take the proper precautions required when working near such a highly volatile substance.

The Traffic Safety Board strongly recommends that new or converted propane-propelled vehicles be clearly marked as carrying propane fuel tanks. The marking should be in a conspicuous location and might be similar to the markings that are currently used on many vehicles to identify them as being diesel-powered or as using only unleaded fuel.

The Traffic Safety Board asks for your help in initiating legislative action on this matter. Please contact us if you have any questions.

Sincerely,

John L. McGovern Chairman

JJMG/db

cc: Traffic Safety Board Members Executive Secretary