Interpretation ID: aiam4954
Inc. Manchester
PA 17345;
"Dear Mr. Bartch: This responds to your letter concerning Safet Standard No. 301, Fuel System Integrity. You stated that you propose to convert certain 1992 Ford vans to your 4x4 drive system, however, the fuel tank in the vans interferes with the transfer case placement. You therefore plan to either replace the OEM tank with a smaller one that has identical attachments or modify the OEM tank to eliminate the interference. You requested that we summarize your responsibilities regarding Standard No. 301. I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meets all applicable safety standards. Under NHTSA's certification regulation (49 CFR Part 567), an alterer is a person who alters previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components, or minor finishing operations, or in such a manner that the vehicle's stated weight ratings are no longer valid, before the first purchase of the vehicle in good faith for purposes other than resale. The operations you propose to conduct on 1992 Ford vans would make you an alterer, and the operations would affect the compliance of the vehicles with Standard No. 301. An alterer is required to certify that every vehicle it alters continues to comply with all applicable safety standards affected by the alteration. See 49 CFR Part 567.7. Alterers make this certification by affixing a permanent label on the altered vehicle, which identifies the alterer, the date of alteration, and states that, as altered, the vehicle continues to comply with all applicable safety standards. Alterers must have some independent basis for their certification that an altered vehicle continues to comply with all applicable safety standards. This does not necessarily mean that an alterer must conduct crash testing, even with respect to standards, such as Standard No. 301, that specify dynamic test requirements. Certifications of continuing compliance for altered vehicles may be based on, among other things, engineering analyses, computer simulations, actual testing, or instructions for alteration voluntarily provided by the original vehicle manufacturer in a 'body builder's guide.' I have enclosed a pamphlet which provides additional information concerning relevant Federal statutes and this agency's standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. If you have any further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure ";