Interpretation ID: aiam3213
2110 Magnolia Avenue
Santa Ana
CA 92707;
Dear Mr. Brinks: This is in further reply to your earlier questions concerning Federa requirements for fuel systems on motorcycles. As stated in our previous letter, Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity* (49 CFR 571.301-75), does not apply to motorcycles. You are correct in your assumption that there are no Federal regulations that would preclude the use of fiberglass fuel tanks for motorcycles. I might add that Safety Standard No. 301-75 does not specify design requirements for any vehicles (e.g., that the tank be made of metal or any particular material). Rather, the standard specifies performance levels that the entire fuel system must achieve during barrier crash tests.; Although no safety standards or other regulations preclude the use o fiberglass fuel tanks for motorcycles, you should still be responsible for assuring that such tanks are safe. Under the National Traffic and Motor Vehicle Safety Act, amended 1974, a manufacturer of motor vehicles or motor vehicle equipment is responsible for any defect relating to motor vehicle safety which may exist in the manufacturer's product (15 U.S.C. 1411, *et seq*.). The manufacturer would be required to notify all purchasers of the existence of the defect and to remedy the defect at the manufacturer's expense.; I might point out that the agency is concerned that fiberglass fue tanks will shatter upon impact in a collision, rather than crushing as do metal tanks. If you have any crash data regarding the performance of fiberglass motorcycle fuel tanks, we would appreciate receiving the information.; I hope this has answered all your questions. Sincerely, Frank Berndt, Chief Counsel