Interpretation ID: aiam3183
Esq.
Messrs. Pierson
Ball & Dowd
1000 Ring Building
1200 18th Street
N.W.
Washington
D.C. 20036;
Dear Mr. Flanagan: This is in reply to your letter of December 7, 1979, to Taylor Vinso of this office requesting written confirmation of an oral opinion.; Specifically you asked whether your client, Grumman Allied Industries Inc. needed to obtain a temporary exemption from Standard No. 301-75 in the situation where it, to use your words, 'was considering converting a small number of their gasoline-powered trucks to diesel power on an experimental basis in order to sponsor a comparative fuel economy test which would be conducted by their consumers.' The opinion for which you request written confirmation is that Grumman 'would not need a temporary exemption if there existed a reasonable basis to believe that the vehicle as modified would still be in compliance with the fuel integrity safety standard.'; That opinion is essentially correct assuming that Grumman is th manufacturer of the vehicles in question. Grumman may substitute diesel engines for conventional ones in the manufacturing process without barrier impacting its vehicles if a reasonable basis exists for concluding that its vehicles as modified will meet the standard. The National Traffic and Motor Vehicle Safety Act does not legally require a manufacturer to test its vehicles. It does, however, require conformance with NHTSA safety performance standards and although testing in accordance with the procedures and conditions set forth in the standards may provide the greatest assurance of conformity, a manufacturer may nevertheless resort to engineering studies mathematical calculations, computer simulations etc. as a basis for certifying that the vehicle does meet all applicable standards.; If Grumman is converting existing vehicles produced and certified b another manufacturer, the responsibility differs though the end result may be substantially similar. The Act imposes no restrictions upon the alteration of a vehicle by its owner, but the agent of an owner (specifically a manufacturer, dealer, or motor vehicle repair business) may not 'knowingly render inoperative in whole or in part, any device or element of design installed on or in a motor vehicle... in compliance with an applicable safety standard ....' (15 U.S.C. 1397(a)(2)(A)). Therefore, if a person other than Grumman is converting existing vehicles to diesel power, it should not do so unless it is assured that at the end of the conversion process the vehicle continues to meet Standard No. 301-75.; I hope this is responsive to your request. Sincerely, Frank Berndt, Chief Counsel