Interpretation ID: aiam3208
Administrative Assistant
Diesel Fuel Saver
P.O. Box 516
Russell
IA 50238;
Dear Mr. Blanchard: This responds to your February 8, 1980, letter requesting confirmatio of statements made to you by an NHTSA engineer, Robert Williams. Apparently, Mr. Williams stated that your product, the 'Diesel Fuel Saver,' would comply with Safety Standard No. 301-75, *Fuel System Integrity* (49 CFR 571.301-75).; As you describe the product, the 'Diesel Fuel Saver' is a piece o aftermarket equipment that can be readily attached to diesel fuel systems to heat the fuel and ostensibly increase fuel economy. However, Safety Standard No. 301-75 is only applicable to new vehicles and, therefore, would not apply to motor vehicle equipment such as yours unless it is installed on new vehicles. Further, Safety Standard No. 301-75 does not specify design requirements for individual components of fuel systems. Rather, the standard specifies performance requirements that must be achieved by vehicle fuel systems during barrier crash tests.; There are no other safety standards that would be applicable to you product. However, you would be responsible under the National Traffic and Motor Vehicle Safety Act, amended 1974 (15 U.S.C. 1381, *et seq*.), our enabling authority, for any defects in the 'Diesel Fuel Saver' relating to motor vehicle safety. This means that you would have to notify purchasers of your product of any such defects that might exist and remedy those defects at your own expense.; Although Safety Standard No. 301-75 is not directly applicable to th 'Diesel Fuel Saver,' the standard does create responsibilities for certain persons who may install the product.; Section 108(a)(2)(A) of the Vehicle Safety Act specifies that n manufacturer, dealer, distributor or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle in compliance with a Federal motor vehicle safety standard. This means that none of the mentioned persons, which could include your own company, would be permitted to install the 'Diesel Fuel Saver' on a motor vehicle if the equipment would destroy the vehicle's compliance with Safety Standard No. 301-75 (or any other applicable safety standard). Therefore, as a responsible manufacturer, you should determine whether vehicles can meet the performance requirements specified in Safety Standard No. 301-75 with your product installed. The prohibition in section 108(a)(2)(A) only applies to those persons mentioned above. Therefore, a private individual (the vehicles owner, for example) could install the 'Diesel Fuel Saver' with impunity, regardless of whether the vehicle thereafter complies with Safety Standard No. 301-75. This, of course, would not remove your liability in private litigation.; I hope this have been responsive to your inquiry. If you have an further questions, please contact Hugh Oates of my office at 202-426-2992.; Sincerely, Frank Berndt, Chief Counsel