ID: nht79-3.1

DATE: 01/24/79

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Volkswagen of America

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 3, 1979, asking for confirmation of your interpretation of Federal Motor Vehicle Safety Standard No. 108 as it applies to a braking system that Volkswagen proposes to use on its 1980 Dasher model.

Specifically, the Dasher will employ a single "pressure switch on each vehicle, meaning that the stop lamp will be activated by only one of the [two, split] service brake systems." You asked whether this is consistent with S4.5.4 of Standard No. 108 which requires that "the stop lamps on each vehicle shall be activated upon application of the service brakes." You argued that it meets the standard because:

"Neither FMVSS 571.105-75 nor 575.108 (sic) clearly specify the conditions under which the stop lights have to operate. Specifically the regulations do not specify that the stop lamps must illuminate upon application of the service brake control if one of the circuits of a dual circuit hydraulic braking system failed."

We do not concur with your interpretation. S4.5.4 quite clearly specifies the conditions under which the stop lamps must operate--"upon application of the service brakes," and it is immaterial which circuit of a dual circuit hydraulic braking system is braking the vehicle. Therefore, your proposed system would constitute an apparent noncompliance with Standard No. 108.

Sincerely,

ATTACH.

VOLKSWAGEN OF AMERICA

JANUARY 3, 1979

Joseph J. Levin -- Office of the Chief Counsel, National Highway Traffic Safety Adm.

Subject: Stop Lamp Switch Requirements - FMVSS 108

Dear Mr. Levin:

The Federal Motor Vehicle Safety Standard 108 specifies that a vehicle stop lamp shall be activated upon application of the service brakes. Volkswagen is currently considering a manufacturing decision regarding brake light switches, and because this would fall under the spectrum of the standard, we are requesting NHTSA's opinion of our contemplated course of action as it relates to the standard.

Volkswagen's current product line uses two pressure sensing switches in the master cylinder to activate both the stop lamps and the brake failure warning light. For the 1980 model year, Volkswagen is replacing these switches in the master cylinder with a float-type fluid level indicator switch to activate the brake failure warning light, and a pedal-activated switch to activate the stop lights. Together these changes will result in a cost saving. However, because of certain manufacturing considerations we are unable to employ the brake pedal switch on Dasher models. For these models we will need an alternate method to activate the stop lamps, specifically an in-line pressure sensing switch.

The proposed system uses only one pressure switch on each vehicle, meaning that the stop lamps will be activated by only one of the service brake subsystems. Our question is then whether the NHTSA believes that this strategy (the single switch) is consistent with the standard.

It is Volkswagen's position that our proposal meets the requirements of all applicable standards. Neither FMVSS 571.105-75 nor 575.108 clearly specify the conditions under which the stop lights have to operate. Specifically, the regulations do not specify that the stop lamps must illuminate upon application of the service brake control if one of the circuits of a dual circuit hydraulic braking system failed.

Volkswagen recognizes that the NHTSA may be concerned about the situation in which, with one hydraulic circuit inoperative, service brake operation is possible (at a reduced level) without stop lamp activation. However, this is a situation which has a small likelihood for occurrence, and a smaller likelihood for sustained existence.

The alternative to our proposal is the installation of a second pressure sensing switch on each vehicle such that one switch is employed in each service brake subsystem. This system would insure that, unless the switches themselves failed, stop lamp activation would continue as long as hydraulic pressure is maintained in any one of the two subsystems. However, the in-plant cost of the second switch is substantial, DM 1.80 per vehicle.

Your prompt consideration of the request for interpretation would be greatly appreciated. If you need any further information, or if you would like to discuss this topic, please contact Mr. Preuss of my staff. He can be reached at (313) 574-3784.

Sincerely

D. K. Haenchen Administrator Vehicle Regulations

ID: nht79-3.10

DATE: 08/27/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Scott Lyford, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the questions you raised with Ms. Debra Weiner of my office when you telephoned on June 4, 1979, on behalf of your clients who intend to manufacture auxiliary gasoline tanks, to sell the tanks as part of a universal kit with all parts necessary for installation, and in some instances to install the tanks in vehicles. You inquired as to the meaning of the word "integrity" as used in Federal Motor Vehicle Safety Standard (FMVSS) No. 301-75 (49 CFR 571.301-75) and the applicability of the standard to your clients' proposed activities. You also inquired as to the meaning of the phrase "render inoperative" as used in section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended in 1974 (the Act) and its applicability to your clients' proposed activities.

The National Traffic and Motor Vehicle Safety Act, as amended in 1974, (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards (FMVSS's) applicable either to entire vehicles or to equipment for installation in vehicles. FMVSS 301-75, Fuel System Integrity, is a vehicle standard that applies to vehicles which use fuel with a boiling point above 32 degrees F. and which are (1) passenger cars or (2) multi-purpose passenger vehicles, trucks or buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less, or (3) school buses with a GVWR greater than 10,000 pounds. The word "integrity" as used in FMVSS 301-75, refers to the fact that compliance with the standard requires that fuel spillage from a vehicle subjected to a fixed or moving barrier crash not exceed the limits established by FMVSS 301-75, S5.5 and S5.6.

Since FMVSS 301-75 is only a vehicle standard and does not specify performance standards for fuel tanks, it does not directly apply to your clients' proposed manufacturing activities. However, as will be discussed later, it does apply when an auxiliary fuel tank is installed in a vehicle by either the manufacturer of the tank or other persons specified in the Act.

Despite the lack of a specifically applicable safety standard auxiliary fuel tanks must be designed and manufactured for safety. The defect responsibility provisions of the Act (sections 151-153) authorize the Secretary of Transportation (or his delegate the NHTSA Administrator) to make determinations as to whether items of motor vehicle equipment contain defects which relate to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer of the equipment to remedy the defect and notify purchasers of the hazard. In addition, these provisions also require that a manufacturer who discovers a safety-related defect in his product notify the Secretary of Transportation (or NHTSA Administrator) and then provide notification and remedy to purchasers. Under section 108(a)(1)(D) and 109(A) of the Act, any person who fails to provide notification of or remedy for a safety defect is liable for a civil penalty of up to $ 1,000 per violation.

Since auxiliary gasoline tanks are items of motor vehicle equipment, as defined in section 102(4) of the Act, your clients as manufacturers of such equipment would be required to provide notification and remedy should their auxiliary gasoline tanks prove to be defective in design, materials, manufacture, or performance. (See 49 CFR Part 597).

FMVSS 301-75 would apply to your client's installation of auxiliary fuel tanks in new motor vehicles. Under section 108(a)(1)(A) and (b)(1) of the Act, new motor vehicles must comply with the safety standards applicable to them until they are first purchased by someone, for purposes other than resale. The purchase is completed when the vehicle is delivered to the ultimate consumer. Any person who, prior to the first sale of a vehicle for purposes other than resale, alters that vehicle by making more than minor finishing operations, is required by 49 CFR 567.7 to recertify the entire vehicle as complying with all safety standards applicable to it. Should a noncompliance be discovered as a result of an alterer's modification, the alterer would be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance, and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply (Section 108(b)(2) of the Act).

Under these provisions, your clients would be considered to be alterers if they installed an auxiliary fuel tank in a new vehicle prior to the vehicle's first purchase for purposes other than resale, and they would be required to recertify the vehicle as complying with applicable safety standards, including FMVSS 301-75. With respect to FMVSS 301-75, the effect of the alterer provisions is that not only must the original gasoline fuel system meet the performance requirements encompassed by the standard but that any auxiliary tank added by an alterer must meet them also.

It should also be noted that the defect responsibilities imposed by Section 151 et seq., mentioned earlier with respect to the defective design, composition, manufacture or performance of auxiliary tanks also apply to safety defects in the installation of such tanks in new vehicles. Installation defects include defects in the method and location of installation. Acting, as both manufacturers and installers of the tanks, your clients would be subject to responsibilities for safety defects stemming from both the production and installation of the tanks.

FMVSS 301-75 as well as the "render inoperative" provisions of section 108(a)(2)(A) of the Act would apply to your clients' activities in installing auxiliary gasoline tanks in used vehicles. After the first sale of a vehicle for purposes other than resale, tampering with the vehicle (referred to here as a used vehicle) is limited by section 108(a)(2)(A). Specifically, the section provides:

No manufacturer, distributor dealer or motor vehicle repair business shall knowingly render inoperative in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ....

The words "render inoperative," in the context of section 108(a)(2)(A), in essence prohibit certain listed entities and persons from knowingly removing, disconnecting or reducing performance of equipment or elements of design installed on a vehicle in accordance with applicable safety standards.

A listed person or entity found to have violated section 108(a)(2)(A) would be liable for a civil penalty of up to $ 1,000 for each violation.

Should your clients begin producing auxiliary gasoline tanks they would be encompassed by the term "manufacturer" as that term is used in section 108(a)(2)(A) and defined in section 102(5) of the Act. Therefore, if your clients added an auxiliary gasoline tank to a used vehicle manufactured in accordance with FMVSS 301-75 and in the process knowingly reduced the performance of the fuel system originally installed in the motor vehicle, they would be deemed in violation of section 108(a)(2)(A). Such reduction of performance could occur for example, if the gasoline from the original system (a fuel system includes the filler pipe, tank, gasoline lines, fuel pump, carburetor, and engine) could be leaked through a rupture in the auxiliary tank and fuel lines, or if the design materials, construction, installation or location of the auxiliary tank and fuel lines made them more susceptible to rupture than the original fuel system.

I hope you will find this response helpful.

ID: nht79-3.11

DATE: 08/27/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of Education, State of Mississippi

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 7, 1979, letter asking whether any Federal law (statutes, standards, regulations or guidelines) prohibits a school district in the State of Mississippi from converting the gasoline fuel system in school buses which it owns to a butane or propane powered system. You specified that you would like this question answered both with respect to new school bus chassis equipped with the mandatory fuel integrity system and older school bus chassis not equipped with such a system. As explained below, none of the laws we administer would prohibit converting any school bus, regardless of when it was manufactured.

Under the National Traffic and Motor Vehicle Safety Act, as amended in 1974 ("the Act"), 15 U.S.C. et seq., the agency has issued Motor Vehicle Safety Standard (FMVSS) No. 301-75, Fuel System Integrity (49 CFR 571.301-75). This standard specifies performance requirements for the fuel system of certain new motor vehicles. It applies to vehicles which use fuel with a boiling point above 32 degrees F. and which are (1) passenger cars, or (2) multipurpose passenger vehicles, trucks, or buses with a gross vehicle weight rating (GVWR) of 10,000, pounds or less or (3) school buses with a (GVWR) greater than 10,000 pounds.

New vehicles (i.e., vehicles that have not yet been sold and delivered to a purchaser for purposes other than resale) manufactured in accordance with FMVSS 301-75 may be converted to propane or butane systems. Upon the conversion of the vehicles to types of fuel systems not covered by the standard, the vehicles would cease to be subject to the standard.

Similarly, used vehicles manufactured in accordance with the standard as well as used vehicles manufactured before the effective date of the standard may be converted. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended in 1974 (the Act, 15 U.S.C. 1397(a)(2)(A)) limits tampering with the fuel systems of vehicles manufactured in accordance with FMVSS 301-75. It does not apply at all to vehicles manufactured before the standard's effective date. The section, in essence, prohibits the entities and persons listed below from knowingly removing, disconnecting or reducing performance of equipment or elements of design installed on a vehicle in accordance with applicable motor vehicle safety standards. There is no prohibition against vehicle owners modifying their own vehicles. Specifically, section 108(a)(2)(A) provides:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

There is no liability under section 108(a)(2)(A) in connection with FMVSS 301-75 if one of the listed persons or entities converts a used gasoline powered vehicle into a propane powered vehicle. Modifying safety systems of a vehicle being converted from one vehicle type to another does not violate section 108(a)(2)(A) so long as the modified systems comply with the FMVSS's that would have been applicable to the vehicle had it been originally manufactured as the vehicle type to which it is being converted. For example, in converting a gasoline powered school bus (a vehicle type covered by the standard) to a propane or butane-powered school bus (a vehicle type not covered by the standard), the converter could not violate section 108(a)(2)(A) with respect to FMVSS 301-75 since this standard does not apply to butane or propane powered school buses. FMVSS 301-75 applies only to vehicles that use fuel with a boiling point above 32 degrees F, and propane and butane reach their boiling points at a lower temperature.

This means that a school district in your state would not be prohibited from converting its gasoline-powered buses, regardless of their date of manufacturer, to propane or butane-powered school buses. It also means that if the school district sought to have the conversion done by a motor vehicle repair business or some other person or entity listed in Section 108(a)(2)(A), that person or entity would not be prohibited from performing the work.

Please note, however, that if a propane or butane fuel system is installed in a new vehicle, the installer would be responsible for any safety defects in the manner in which the system is installed. Sections 151 et seq. of the Act provide that if vehicles are found to contain a safety defect, notification of the defect must be given and the defect must be remedied. Defects in the systems themselves would be the responsibility of the manufacturer of the systems, regardless of whether they are installed in new or used vehicles.

I hope that you will find this response helpful and you have not been inconvenienced by our delay in sending it to you.

Sincerely,

ATTACH.

State of Mississippi DEPARTMENT OF EDUCATION

May 7, 1979

Roger Tilton -- U. S. Department of Transportation, National Highway Traffic Safety Administration

Dear Mr. Tilton:

Reference is made to your conversation with Mr. Walter Corban, Supervisor of Pupil Transportation, Mississippi State Department of Education, last week regarding the use of butane and propane gas in the operation of school buses in this state. Would you please provide me with answers to the following questions?

1. Are there any laws, standards, regulations, or guidelines at the federal level which would prohibit a school district in this state from converting a new school bus chassis equipped with the mandatory fuel integrity system from gasoline to butane or propane?

2. Are there any laws, standards, regulations, or guidelines at the federal level which would prohibit a school district in this state from converting an older school bus chassis which is not equipped with the mandatory fuel integrity system from gasoline to butane and propane?

Your prompt reply to these questions will be greatly appreciated.

Sincerely,

Leonard Cain, Director -- School Building and Transportation

ID: nht79-3.12

DATE: 11/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Robert C. Schultz

TITLE: FMVSS INTERPRETATION

TEXT: This is response to your letter to the Secretary of Transportation regarding the transportation of diesel fuel in the trunk of an automobile in plastic auxiliary tanks. You asked whether it is permissible to permanently install a plastic auxiliary diesel fuel tank in the trunk of a four door passenger car. You also noted the availability of 5.5 gallon plastic utility containers that can be used as auxiliary tanks. From your description I gather that these types of containers are not attached to the vehicle's fuel system.

From your letter I got the impression that you are asking whether any law administered by this agency would prohibit an individual from using either of these types of tanks in his private automobile. With respect to small tanks that are not connected to the automobile's fuel system, this agency administers no law that would prevent an individual from carrying such a tank in his automobile. However, please note that this is a very dangerous practice that can lead to fires and explosions potentially harmful or fatal not only to the driver and passengers of the vehicle carrying such a tank but also occupants of other nearby vehicles. I have enclosed a copy of a press release that the Department of Transportation issued this Spring, which describes the dangers associated with carrying gasoline, but which is also applicable to carrying diesel fuel. As noted in the press release this agency strongly discourages the use of portable fuel containers.

There is no law administered by this agency which would bar an individual from installing a plastic auxiliary diesel fuel tank in his or her own automobile or from using such a tank once installed by the individual or by a commercial installer. However, there are legal obligations imposed by the statutes and regulations under which we operate that would apply to the manufacturers and installers of such tanks. Since I am unsure as to the exact scope of your inquiry I will summarize these below.

The National Traffic and Motor Vehicle Safety Act, as amended 1974, (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75 Fuel System Integrity, is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. Under the standard's requirements, no part of a vehicle's entire fuel system can have fuel spillage beyond certain specified amounts during barrier crash tests. Specific performance requirements for individual components of the fuel system, such as the fuel tank, are not currently included in the standard. With the advent of high density polyethylene (plastic) fuel tanks, however, the current "system" performance requirements might not be sufficient to ensure the integrity of vehicle fuel systems. For this reason, the agency has published an Advance Notice of Proposed Rule-making concerning the advisability of establishing performance standards for plastic tanks (44 FR 33441, June 11, 1979, copy enclosed).

Despite the inapplicability of Safety Standard No. 301-75 to their manufacture, auxiliary fuel tanks must be designed and manufactured for safety. A manufacturer of auxiliary fuel tanks, is subject to the defects responsibility provisions of the Act (sections 151 et seg.). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or the manufacturer itself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.

If a manufacturer, distributor, dealer, or motor vehicle repair business installed an auxiliary fuel tank in a new vehicle, prior to its first purchase in good faith for purposes other than resale, that person or entity would be a vehicle alterer under NHTSA regulations. As an alterer, that person or entity would be required by 49 CFR 567.7 to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor-vehicle safety standards -- including Safety Standard No. 301-75. Should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.

If a manufacturer, distributor, dealer or motor vehicle repair business installed an auxiliary gasoline tank in a used passenger vehicle, that person or entity would not be required to attach an alterer's label. However section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

Thus, if one of the named persons or entities added an auxiliary tank to a used passenger vehicle manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system that person or entity would be in violation of section 108(a)(2)(A).

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you. If you have any further questions please feel free to address them to Ms. Debra Weiner of my office (202-426-2992).

SINCERELY, (Illegible Pages)

THANK YOU,

C ROBERT SCHULTZ

LUND INDUSTRIES INC.

(Graphics omitted)

ID: nht79-3.13

DATE: 11/09/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Chief, Cleveland Fire Department

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 2, 1979, in which you asked for copies of any current or recommended standards concerning the use of plastic auxiliary fuel tanks. May I apologize for the delay in this response.

I have enclosed a copy of a letter, which was sent to a company which planned to manufacturer auxiliary fuel tanks and to do some installation, that details the ways in which the safety standards and statutes administered by this agency apply to the manufacture of auxiliary fuel tanks of all types. In addition, I have enclosed a copy of an advance notice of proposed rulemaking that this agency issued with respect to a proposal to issue performance standards applicable to nonmetallic fuel tanks.

At this time the agency does not have any standards applicable to the use of auxiliary fuel tanks. However, several months ago we issued a consumer advisory warning against carrying fuel in portable containers in the trunks of cars. We consider this advisory applicable not only to portable containers but to any fuel container mounted in an area not normally consigned to such use. I have enclosed a copy of this advisory for your information. In addition, we are planning to issue a press release in the near future specifically addressed to the dangers of using auxiliary fuel tanks.

If you have any reports, case histories, photographs, or other material concerning any fires or fire problems caused by the use of auxiliary fuel tanks we would be most grateful if you would allow us to examine them. Your concern in this area of vehicle safety is deeply appreciated.

Sincerely,

City of Cleveland

July 2, 1979

U.S. Department of Transportation National Highway Traffic Safety Administration

Re: Auxiliary Fuel Tanks for Motor Vehicles

Gentlemen:

Due to the gasoline fuel shortage, we are facing a new problem in the fire service. The use of plastic auxiliary fuel tanks has become more prevalent and responsible for vehicle fires. The concern for fire fighters, fighting a fire in a vehicle containing one of these tanks is paramount.

A copy of any standards or recommendations in effect or being considered will be used to inform the fire suppression units of this Department.

Please furnish any product manufacturers that have approval for installation.

William E. Barry, Chief Division of Fire

CC: LT. DEIGHTON

ID: nht79-3.14

DATE: 08/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. D. J. Arneson

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 27, 1979, which inquired whether there are any regulations governing the installation of a propane-fueled engine, or the conversion of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.

To date, the National Highway Traffic Safety Administration (NHTSA) has not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 et seq.) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, applies only to vehicles which use fuel with a boiling point above 32 degrees F., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.

Under NHTSA safety regulations, a person who alters a new vehicle prior to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108 (b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.

A person who installs a propane-fueled engine or converts the gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not in the course of installing the propane components knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable Federal motor vehicle safety standards. (Section 108(a)(2)(A) of the Act)

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.

SINCERELY,

Information Officer U.S. Dept. of Transportation

June 27, 1979

Dear Sir,

Please send me a complete set of regulations governing the installation or conversion of a gasoline fueled engine to a propane fueled engine for use in registered vehicles on federal, state and local highways, if any.

If there are no regulations governing such a conversion, please inform me.

D. J. Arneson

ID: nht79-3.15

DATE: 08/27/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. William Lynch

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the questions you raised with Ms. Debra Weiner of my office when you telephoned on June 19 with regard to your intention to establish a business for the manufacture of 53.6 gallon replacement gasoline tanks and for the installation of these tanks in used Cadillac limousines. You specifically asked what Federal law is applicable to your proposed activities and whether any Federal law establishes a maximum allowable capacity for gasoline tanks.

The National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards (FMVSS's) applicable either to entire vehicles or to equipment for installation in vehicles. FMVSS 301-75, Fuel System Integrity, (see enclosed copy) is a vehicle standard applicable to passenger cars and other vehicles which requires that fuel spillage occurring during and after any crash of the vehicle into a fixed or moving barrier not exceed established limits. As explained below, this standard indirectly affects both the installation and manufacture of replacement gasoline tanks.

Section 108(a)(2)(A) of the Act prohibits certain entities and persons from knowingly removing, disconnecting, or reducing the performance of equipment or elements of design installed on a vehicle in accordance with applicable FMVSS's. Specifically, the section provides:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

A person or entity found to have violated this section would be liable for a civil penalty of up to $ 1,000 for each violation. (Section 109 of the Act).

If a person or entity listed in section 108(a)(2)(A) removes the original gasoline tank from a used vehicle and installs a replacement tank, the section is violated unless the performance (as defined by FMVSS 301-75) of the replacement tank equals or exceeds the performance of the original tank. To determine the relative performance of the replacement tank, a number of issues would have to be examined, including the quality of the replacement tank, the connection of the tank with the filler pipe and fuel lines to the fuel pump, and the location of the tank with respect to surrounding vehicle structures. For example, if unlike the original tank, the replacement tank were sufficiently near surrounding vehicle structures so that those structures might be more readily pushed against or into the replacement tank and cause a rupture in a collision, the performance of the fuel system would have been impermissibly reduced.

Consequently, as a manufacturer of replacement gasoline tanks, you could be liable for a penalty under section 108(a)(2)(A) if you replace the gasoline tank in a used Cadillac limousine with one of your tanks, knowing that the performance of the replacement tank as installed would be inferior to that of the original tank.

Please note that should you decide to install your tanks in new vehicles prior to their first sale for purposes other than resale, you would also be required to certify that the vehicle as altered still complied with all applicable Federal motor vehicle safety standards. Should these provisions become relevant to your business, I would be happy to provide further information.

Sections 151-155 of the Act, which are enclosed, would also apply to your activities as a manufacturer of gasoline tanks. These sections provide that if the agency or you find that your tanks contain a safety-related defect, you would be required to notify purchasers of the hazard and to remedy the defect. Under sections 108(a)(1)(D) and 109(a) of the Act, any person who fails to provide notification of or remedy for a safety defect is liable for a civil penalty of up to $ 1,000 per violation.

I would like to point out that, in addition to the Federal law discussed above, there may be state products liability law applicable to your proposed activities. As a manufacturer of gasoline tanks you could be liable for their design, materials, manufacture or performance. As an installer of gasoline tanks you could be liable for the manner and location in which the tanks are installed. Therefore, you may wish to consult a local lawyer before starting your new business.

Finally, with respect to your inquiry about a maximum allowable capacity for gasoline tanks, neither the National Highway Traffic Safety Administration nor the Department of Transportation as a whole has established such a limit.

I hope that you will find this response helpful.

ID: nht79-3.16

DATE: 11/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Performance Plus Products, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to the questions that you raised on October 23, 1979, with Ms. Debra Weiner of my office concerning the legal and technical issues arising from the manufacture of auxiliary fuel tanks for use in pickup trucks. You noted that you are going into the business of manufacturing auxiliary fuel tanks, that you will not be involved in the installation of such tanks, and that you would like any advice that we might be able to provide as to the construction standards that should be followed in manufacturing such tanks.

I have enclosed a copy of a letter which was sent to a company that planned to manufacture auxiliary fuel tanks for passenger cars and to do some installation. The legal principles enunciated in that letter are applicable to auxiliary fuel tanks intended for use in all types of motor vehicles except motor carriers in interstate commerce. Although your company is not planning to install auxiliary tanks, I think that you might find that the discussion of the legal issues that arise with respect to installation may be helpful in determining what safety margins should be built into these types of tanks.

As Ms. Weiner noted on the phone, this agency has not issued any standards applicable to the construction of auxiliary fuel tanks. However, the Federal Highway Administration, Bureau of Motor Carrier Safety has issued standards relevant to the construction of auxiliary fuel tanks for use in motor vehicles which are engaged in interstate commerce. I have enclosed a copy of these standards in hope that they will provide you with some suggestions as to what would constitute safe construction of an auxiliary fuel tank. In addition, the Society of Automotive Engineers has published standards pertinent to some aspects of the construction of fuel tanks. I have also enclosed copies of these.

I hope that you will find the enclosed material helpful. If you have any further questions, please feel free to contact Ms. Weiner for further information.

ID: nht79-3.17

DATE: 06/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Robert S. Ordman

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 22, 1979, in which you asked the status of Intermark Tire Company's petitions concerning the Uniform Tire Quality Grading (UTQG) Standards. You also noted that Intermark's petitions have not been published in the Federal Register.

Intermark's petition for exemption does not qualify as a petition for temporary exemption from motor vehicle safety standards under Part 555 (49 CFR Part 555), and consequently was not published in the Federal Register, since that part applies only to manufacturers of motor vehicles. Intermark's petition for rulemaking was not published because the National Highway Traffic Safety Administration's (NHTSA) Associate Administrator for Rulemaking determined that public comment was not necessary to a determination on the petition (49 CFR 552.6).

NHTSA plans in the near future to issue a notice of proposed rulemaking to exclude limited production tires from the applicatio of the UTQG Standards.

ID: nht79-3.18

DATE: 07/13/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dunlop Limited

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 8, 1979, requesting an exemption from the Uniform Tire Quality Grading (UTQG) Standards (49 CFR 575.104), Federal motor vehicle safety standard 109 (49 CFR 571.109), and the tire identification and recordkeeping requirements of Part 574 (49 CFR Part 574) for several lines of "antique" tires.

Dunlop's petition for exemption does not qualify as a petition for temporary exemption from motor vehicle safety standards under Part 555 (49 CFR Part 555), since that part applies only to manufacturers of motor vehicles. However, the regulations you refer to apply only to tires for use on vehicles manufactured after 1948 (49 CFR 575.104(c)); 49 CFR 571.109, S2; 49 CFR 574.4), and therefore, many of the tires listed in your letter are not within the scope of these regulations. Also, the National Highway Traffic Safety Administration plans to issue in the near future a notice of proposed rulemaking to exclude limited production tires from the application of the UTQG Standards, regardless of the tire's intended use.

You also asked that some form of labeling system be adopted for tires which are not required to be graded under the UTQG regulation, to facilitate processing of such tires by United States customs authorities. Regulations governing importation of motor vehicle equipment (19 CFR 12.80) only require compliance with applicable Federal motor vehicle safety standards, as set forth in 49 CFR Part 571. Any tire marked with the DOT symbol as required by Standard No. 109 (49 CFR 571.109, S4.3.1) or Standard No. 119 (49 CFR 571.119, S6.5(a)), as applicable, or which is not required to comply with such standards, will be processed expeditiously by customs authorities, and the question of compliance with the UTQG regulation should not arise. While NHTSA does not consider it necessary to impose a labeling system for tires excluded from the UTQG Standard, the agency has no objection to voluntary labeling by manufacturers or importers.