Interpretation ID: 1982-2.38

DATE: 08/12/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Middlekauf Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your petition of July 16, 1982, for a temporary exemption from Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity.

You have told us that "as a seller and installer of truck bodies, we are frequently called upon to install a body on an incomplete vehicle furnished to us by a major manufacturer through his dealer." Our regulation on vehicles manufactured in two or more stages (49 CFR Part 568) requires the manufacturer of an incomplete vehicle to furnish, with the vehicle, statements with respect to each of the standards which inform the final stage manufacturer of the vehicle's compliance status. With respect to Standard No. 301, each manufacturer should provide you with a statement of specific conditions of final manufacture under which the completed vehicle will conform or, alernatively, a statement that the vehicle when completed will conform if no alternations are made in identified components of the incomplete vehicle.

These statements afford a basis for your certification of compliance with Standard No. 301 without the necessity of testing. We would like to know which of these statements have been provided and why you may believe your manufacturing operations are such that you could not certify compliance with Standard No. 301.

We would also like to make clear that there is no legal requirement that you crash test a $ 10,000 vehicle in order to demonstrate compliance. Certification may be based upon computer simulation, mathematical calculation, or engineering studies. Upon reflection you may decide that you have an adequate basis for certification with Standard No. 301.

Until we hear further from you, we shall hold your petition in abeyance.

SINCERELY,

July 16, 1982

The Administrator National Highway Traffic Safety Adm.

Dear Sir:

Under the provisions of section 123 par (1) (A) of public law 89-563, we should like to apply for a temporary exemption for a period of three years from Standard 301-75 of the Federal Motor Vehicle Safety Standards.

The name of our organization, which is a corporation, incorporated under the laws of the state of Ohio, is: Middlekauff, Inc. 1615 Ketcham Ave. Toledo, OHIO 43608

This temporary exemption of three years from Federal Standard 301-75 is requested as full compliance would cause a substantial economic hardship on our organization. As a seller and installer of truck bodies, we are frequently called upon to install a body on an incomplete vehicle furnished to us by a major manufacturer through his dealer. In many of these cases, we are called upon to extend the filler pipe to the gas tank and relocate the filler cap for such gas tank. While all due care is exercised in this operation to the extent of duplicating the hose and clamps used by the original manufacturer, and in many cases, utilizing the original gas cap, it is not always possible to recess the gas cap itself. We are referring to vehicles of 10,000 GVW or less and in limited quantities.

It is our understanding that in order to achieve full compliance with 301-75, it would be necessary for us to crash test a vehicle or vehicles, in order to determine if such a crash would result in material fuel leakage. As each vehicle, complete with body, would cost approximately $ 10,000, the cost of demolishing such vehicle or vehicles would be prohibitive.

Corporate Balance Sheets and Income Statements for the last three fiscal years are attached to this application in an effort to substantiate our exemption.

A denial of this petition would result in a complete loss to us of this market, while not great in numbers, represents a substantial amount of sales to our organization.

We can devise no alternate means of compliance with 301-75 other than those we have taken in exercising due care in our installation, and have no reason to believe that our methods of installation of this filler cap would not live up to the regulations, but are in no position to fully test it to prove full satisfaction in view of a crash.

The total number of motor vehicles referred to above, delivered from July 1, 1981 to July 1, 1982, was 95. No expectations are had that the total number of vehicles of the type referred to above would exceed 250 in any given year.

Sincerely hoping that the information furnished will be sufficient to allow the administration to grant the exemption requested at the earliest opportunity so that we may satisfy our suppliers,

F. E. Bettridge, Board Chairman