Interpretation ID: 2662y

Mr. Gerald F. Vinci
Sun Refining and Marketing Company
Tenn Penn Center
1801 Market St.
Philadelphia, PA 19103-1699

Dear Mr. Vinci:

This responds to your August 14, 1990 letter and telephone calls about your plans to convert the fuel system on a vehicle from gasoline to propane. You said your company ("Sun Refining") would like to purchase a new vehicle and convert it for purposes of your own research, and will not be reselling the vehicle. You ask about the requirements that would apply to the conversion.

We do not have any requirements that would apply to the conversion if the conversion is made by Sun itself. The National Traffic and Motor Vehicle Safety Act and NHTSA's regulations generally do not apply to a vehicle after the vehicle is sold to a consumer (e.g., Sun) for purposes other than resale. Although the Act prohibits certain entities from tampering with or removing federally required safety features, the prohibition does not apply to modifications by a vehicle owner to his or her own vehicle.

However, in the event you have the conversion done by a party other than your company, Federal law may apply. Section 108(a)(2)(A) of the Safety Act prohibits vehicle manufacturers, distributors, dealers and repair businesses from knowingly rendering inoperative federally required safety features when modifying a vehicle. I have enclosed an information sheet that discusses the application of 108(a)(2)(A) to fuel system conversions.

NHTSA wishes to learn more about the safety of propane fuel systems and is considering a public announcement seeking information on various safety issues. We would, therefore, be interested in the results of your research when they're completed.

Even though your conversion would not be covered by the FMVSS's, we suggest you consult State law to see if the State has requirements for propane vehicles. In addition, other Federal agencies may have regulations for your vehicle. If your vehicle would be a commercial vehicle, the regulations of the Federal Highway Administration (FHWA) may apply. I have forwarded a copy of your letter to FHWA for their reply. You might also contact the Environmental Protection Agency (EPA) for information about the conversion. EPA's general telephone number is (202) 382-2090.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure /ref:301#VSA d:9/l7/90