Interpretation ID: nht94-4.82

TYPE: INTERPRETATION-NHTSA

DATE: November 15, 1994

FROM: Steve Anthony -- Product Manager, NgvFuel Tanks, Structural Composites Industries

TO: Marvin Shaw -- U.S. Dept. Of Transportation

ATTACHMT: ATTACHED TO 3/2/95 LETTER FROM PHILIP R. RECHT TO STEVE ANTHONY (REDBOOK (2)); PART 303)

TEXT: I have been referred to you by Mr. Gary Woodford of NHTSA. Structural Composites Industries, (SCI) is a manufacturer of compressed natural gas fuel tanks for Detroit OEM's and other OEM transit bus manufacturers. We are also the oldest and largest comm ercial composite tank manufacturer in the world. Some of our customers have requested new tank models to be introduced on vehicles in January and February 1995, which is one to two months before the March 27, 1995 effective date of FMVSS 304. These cust omers wish to reference a qualification standard on the label. Our problem is that footnote 8 on the bottom of page 49020 of the 9/26/94 Federal Register clearly states that until March 27, 1995, the effective date of FMVSS 304, "cylinder manufacturers may not certify compliance with it". Yet on the same Federal Register page, the manufacturers are "free to advertise containers as meeting the CNG equipment standard." What language can we use?

Possible examples:

1. "This CNG container meets the requirements of DOT FMVSS 304 effective March 27, 1995."

2. "DOT effective March 27, 1995."

We would very much appreciate your counsel.