Interpretation ID: nht80-1.31

DATE: 03/17/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Van Ness, Feldman & Sutcliffe, Robert G. Szabo

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/17/79 letter from Frank Berndt to Mike Champagne

TEXT:

April 17, 1980

Mr. Robert G. Szabo Van Ness, Feldman & Sutcliffe Suite 500 1220 Nineteenth Street, N.W. Washington, D.C. 20036

Dear Mr. Szabo:

This responds to your recent letter requesting information concerning the legal ramifications of converting motor vehicle fuel systems to operate on both gasoline and compressed gas. I am enclosing a copy of a letter the agency issued last year which discussed the Federal law concerning auxiliary gasoline tanks and the conversion of gasoline-powered vehicles to propane. The discussion in that letter should answer all of your questions. If, however, you require further information, please contact Hugh Oates of my office at 202-426-2992.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

[letter dated 8/17/79 from Frank Berndt to Mike Champagne omitted here.]

March 20, 1980

Mr. Frank A. Berndt Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 Dear Mr. Berndt:

Mr. William L. LaFollette, President of Dual Energy, Inc., has retained us to provide legal counsel on the company's proposal to retrofit motor vehicles to operate on both gasoline and compressed gas. We have talked with several persons from the National Highway Traffic Safety Administration (NHTSA) about the retrofit project. On the basis of those discussions and our legal analysis, it appears that no special NHTSA regulations are applicable to compressed gas fueled vehicles which are not also applicable to gasoline fueled vehicles. We respectfully request that the National Highway Traffic Safety Administration provide Dual Energy, Inc. with a formal opinion to that effect.

Under Dual Energy's proposal, the retrofitted vehicle will be equipped with compressed gas storage tanks, fill valves, a regulator to control the pressure of the gas, and a mixer to supply the correct ratio of air and gas to the engine's carburetor, all of which will be permanently attached to the vehicle and will become an integral part of the vehicle. A switch on the dashboard will control whether the car is operating on compressed gas or gasoline. The retrofitting of the automobiles to dual fuel operation will involve no changes to the engine or its cooling, lubrication or ignition systems.

Dual Energy, Inc. plans to lease to automobile owners the vehicle retrofit equipment, including the carburetor system, the compressed natural gas tanks for the vehicle and compressing equipment necessary for filling the storage tanks from the lessee's residential or business natural gas service lines. In addition, Dual Energy intends to provide the necessary compressor equipment to several service stations in the Washington, D.C. area in order to provide convenient locations for the purchase of compressed gas for the retrofitted vehicles. Dual Energy, Inc. will not manufacture any of the equipment used in the retrofitting project, but rather will purchase the necessary equipment from various American and foreign manufacturers. Dual Energy, Inc. does plan, however, to perform the installation work for the project through its own employees or subcontractors. If all governmental permits are obtained on a timely basis, Dual Energy intends to begin offering the retrofitting equipment to the public in the Washington, D.C. area during the summer of 1980.

The vehicle's supply of compressed gas will be supplied from tanks permanently attached in the trunk area of the vehicle. A full-sized American car can accommodate two tanks of compressed gas in the trunk and retain a reasonable amount of space for luggage. The two tanks will provide a reasonable driving range for the vehicle and may be refilled in two ways: a "quick fill," which requires high pressure storage tanks and may be completed in two to five minutes; and "slow or overnight fill," which employs a mechanical compressor system with a refill time of 12 hours.

Use of compressed gas as a fuel provides a number of advantages, including a very low level of exhaust emissions, greater ease in starting the engine regardless of outside temperature, and longer life for spark plugs and lubricating oil. In addition, a compressed gas fuel system has several inherent safety advantages over gasoline systems, including rapid dispersion when leakage occurs; a higher ignition temperature (1300oF versus 800oF for gasoline); and stronger structural features in the fuel system due to the more rigorous storage requirements of compressed gas. An analysis of the safety record of natural gas-fueled vehicles, which was prepared for the American Gas Association (AGA) in December, 1979, revealed that no failures or fires involving the natural gas system had occurred in the estimated 1,360 collisions which have occurred in this country involving vehicles equipped with such systems. The AGA study covered approximately 2,463 vehicles which have been driven approximately 175 million miles to date.

We have reviewed Chapter V of Title 49 of the Code of Federal Regulations to ascertain whether any special safety regulations apply to vehicles equipped with compressed gas fuel systems. From our review, we find no special requirements. If there are any such regulations or proposed regulations, please advise us of their terms.

If we can provide you with any further information, please do not hesitate to contact us. We believe that Mr. LaFollette has an exciting project which furthers our nation's energy policy and will benefit consumers in the Washington area. We appreciate your prompt attention to this matter and look forward to receiving your determinations on these issues.

With kindest regards,

Sincerely,

Robert G. Szabo