Interpretation ID: nht80-1.3

DATE: 01/08/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Honorable Harold Runnels, House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT: This further responds to your November 14, 1979, letter to the Secretary of Transportation concerning Mr. Richard D. Browning's interest in the conversion of automotive engines to run on propane.

From Mr. Browning's letter, I gather that he seeks to produce and market a converter system which will allow conversion of gasoline motors to propane. I have described below the way in which the legislation and regulations under which the National Highway Traffic Safety Administration operates might apply to Mr. Browning's venture. This agency lacks the authority to deal with any emissions control issues arising from production and use of a propane converter system, but the Environmental Protection Agency may have requirements which would apply to such a system. Therefore, we have also referred your letter to that agency in an attempt to expedite a response on this issue.

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 (14 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, a manufacturer or installer of these systems may be subject to other Federal requirements.

Under the Act (sections 151-158), the manufacturer of a propane fueled engine or of the components used for converting a gasoline-fueled engine to propane would be responsible for any safety-related defects in that equipment regardless of whether it were installed in new or in 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 free remedy for the defect.

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 noncompliance be caused by 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)).

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. If you or your constitutent have any further questions on this issue, I will be happy to answer them.

SINCERLY,

RUIDOSO STATE BANK

November 7, 1979

Congressman Harold Runnels

Dear Harold,

Earlier today, I talked with your administrative assistant, Larry Morgan, in connection with a business venture which I am involved in.

The nature of the venture itself is one of an alternate energy type, being the invention and perfection of a converter system which will allow conversion of gasoline motors to propane. As you are aware, I'm sure, these propane conversion kits are already on the market; however, there is some draw-back to their use in the fact that they are not as efficient as they might be.

The unit which we have under consideration at this time appears to have a great deal of advances in its design, both in simplicity and effectiveness which we feel further benefits the use of such a unit in replacement for gasoline.

Our first question of you is, what regulatory authority will we need to pursue to get an approval for the unit in relation emission control, etc.? Through our conversations with other people, they felt that the Environmental Protection Agency in Washington would be the agency that we dealt with; however, we are not totally sure that that is the only agency that we have to deal.

Secondly, considering the clean-burning quality of propane gas, we don't feel that there will be a great deal of problem in getting an approval from the EPA; however, we need to know exactly what steps should be taken in reference to that approval.

Through the use of this new unit, we hope to use a product for fuel which, as you well know, is presently a by-product and is often a waste product of the petroleum industry. It becomes apparent that if large companies convert massive numbers of delivery vehicles, etc. to the system, that their fuel cost can be cut by approximately two-thirds thereby cutting the inflationary spiral of gasoline cost. Not even to consider the fact that the propane is not presently being used to its utmost capability; and is often being wasted.

We would consider it a personal favor from you if you will make the inquiry for us to whatever agency is appropriate and ask that they respond in some short time period. Time is of the essence to us in the fact that the sooner that we get all the necessary approvals and the unit into production, the sooner all the benefits which are available from the unit can begin to be reaped.

Harold, I would like to take this opportunity to thank you for your many considerations in reference to all of our problems in southeastern New Mexico; and I hope that when and if you get to Ruidoso, you will "holler" at us so that we might show you the unit in person.

I hope that everything is going well for you and that your endeavors in Washington are beneficial for both you and the State.

Thank you for your time and attention.

Richard D. Browning Executive Vice President