Interpretation ID: aiam4214
706 Rose Hill Drive
Charlottesville
VA 22901;
Dear Mr. Anglin: Thank you for your letter of August 7, 1986, concerning th applicability of our regulations to the repair of fuel tanks. You specifically asked whether our regulations prohibit the repair of automotive fuel tanks made of plastic. As explained below, a dealer or motor vehicle repair shop can make repairs to plastic and other types of vehicle fuel tanks.; Manufacturers must certify that their new vehicles comply with al applicable safety standards. Federal Motor Vehicle Safety Standard No. 301, *Fuel System Integrity* sets performance requirements for new vehicles with a gross vehicle weight rating of 10,000 pounds or less. Manufacturers of these vehicles are free to use fuel tanks made of any type of material, such as metal or plastic, as long as the fuel system can meet all of the performance requirements of the standard.; Repair of a fuel tank in a new vehicle, which, for example, sustaine damage in shipment, would be affected by Standard No. 301. If a fuel tank is repaired prior to a new vehicle being sold for the first time to a consumer, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567, a copy of which is enclosed). As an alterer, the person must certify that the fuel system, as altered, continues to comply with all of the applicable requirements of Standard No. 301.; After a vehicle is first sold to a consumer, repairs to a vehicle ar potentially affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with safety equipment installed on a vehicle in compliance with our standards. However, the agency has not applied the prohibition of that section to the repair of a fuel tank which has been previously installed in a vehicle and damaged in use. The agency has considered the event that damaged the fuel tank and not any subsequent action by a person repairing the damaged fuel tank in a used vehicle, as the event which rendered inoperative the compliance of the fuel tank with the standard. Thus, there is no Federal regulation which would prohibit the repair of a fuel tank which has been damaged in use.; In addition, section 108(a)(2)(A) does not affect vehicle owners, wh may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may repair fuel tanks regardless of whether the repairs adversely affect the fuel system. The agency, however, urges vehicles owners not to take actions that would degrade the performance of required safety features. Please note also that individual States govern the operational use of vehicles by their owners. Therefore, it is within the authority of the States to preclude owners from repairing the fuel systems in their vehicles.; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel