Interpretation ID: 2503y
Webasto Heater, Inc.
1458 E. Lincoln
Madison Hts., MI 48071
Dear Mr. Bose:
You wrote to the Federal Highway Administration (FHWA) asking about requirements for "diesel fuel burning coolant heaters and air heaters" that you import for installation in trucks, buses and school buses. According to the installation instructions for the heaters, they are connected either to the fuel tank of the vehicle or to a separate fuel tank. The FHWA forwarded us your letter with regard to Federal Motor Vehicle Safety Standard (FMVSS) No. 301, Fuel System Integrity, since the National Highway Traffic Safety Administration (NHTSA) is responsible for this standard. I regret the delay in responding.
By way of background, NHTSA is authorized to issue FMVSS's applying to the manufacture of new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our FMVSS's. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.)
The Safety Act defines the term "manufacturer" as "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale." (102(5); emphasis added.) As a manufacturer of motor vehicle equipment, you are responsible for compliance with the Safety Act and applicable regulations.
There is currently no FMVSS that directly applies to the heating unit you describe. Standard No. 301 (copy enclosed) applies only to completed new motor vehicles, and not to components of fuel systems. (The standard applies to trucks and buses with a gross vehicle weight rating of 10,000 pounds or less, and to school buses.) However, Federal law may affect the installation of your product, depending on who installs the heating unit and when the work is performed.
If the heating unit were installed as original equipment on a new vehicle, the vehicle manufacturer is required by our certification regulations to certify that the entire vehicle (with your product installed) satisfies the requirements of all applicable FMVSS's. If the heater were added to a new, previously-certified vehicle (e.g., a new completed school bus), the person who adds the system would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. These certification requirements apply to the vehicle manufacturer and alterer regardless of whether the heater is connected to the vehicle's fuel system. Of course, if the heater is connected to the vehicle's fuel system, the vehicle's compliance with Standard No. 301 should be carefully scrutinized. (I have enclosed a copy of our certification regulation (49 CFR Part 567) for your information.)
If the heater were installed on a used vehicle by a vehicle manufacturer, distributor, dealer or repair business, the installer would not be subject to the certification requirements outlined above. Instead, the installer would have to ensure that it did not knowingly render inoperative the compliance of the vehicle with any applicable safety standard, including Standard No. 301. This is required by 108(a)(2)(A) of the Safety Act. If the modification of the vehicle entailed connecting the heater to the vehicle's fuel system, compliance with Standard No. 301 would of course be especially germane to whether the modification had rendered inoperative the vehicle's compliance.
The prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.
In addition to the foregoing, you should be aware that manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. If you or NHTSA determines that a safety-related defect exists, you must notify purchasers of your product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the heater is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.
I hope this information is helpful. Please contact my office if you have further questions.
Sincerely,
Stephen P. Wood Acting Chief Counsel
Enclosures /ref:301 d:5/3l/90