Interpretation ID: nht76-3.2
DATE: 07/16/76
FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA
TO: Jeep Corporation
TITLE: FMVSS INTERPRETATION
TEXT: This is in response to Jeep Corporation's March 9, 1976, petition for rulemaking as supplemented by its letter of April 1, 1976. The petition requested an amendment of Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, that would add the following sentence at the end of S7.1.6(b):
For the purposes of this section, unloaded vehicle weight does not include the weight of work-performing accessories.
The supplement to the petition included a list of 15 examples of such work-performing accessories. The amendment would require the National Highway Traffic Safety Administration (NHTSA) to remove these accessories before performing compliance testing pursuant to the standard.
In Section 108 of the Motor Vehicle and Schoolbus Safety Amendments of 1974, (15 U.S.C. 1392 note), Congress directed that the fuel system integrity standard take effect in the form in which it had been most recently published. Conditions for amending the standard were specified in Section 108(b) as follows:
Amendment or Repeal of Standard. -- The Secretary may amend the standard described in subsection (a) in order to correct technical errors in the standard, and may amend or repeal such standard if he determines such amendment or repeal will not diminish the level of motor vehicle safety.
The practical result of the amendment requested by Jeep would be that certain vehicles would not, as is presently specified, be required to conform to the standard in the form in which they are actually delivered to purchasers and used on the highways. In fact, the presence of work-performing accessories could seriously degrade a vehicle's performance in the standard's barrier crash tests. We therefore cannot conclude that the requested amendment "will not diminish the level of motor vehicle safety." Furthermore, the amendment goes beyond the mere correction of technical errors in the standard. Consequently, Jeep's petition must be and is hereby denied.
Despite this denial, however, the NHTSA interprets the term "unloaded vehicle weight" in a manner that provides some of the relief that Jeep has requested. The term is defined in 49 CFR Part 571.3 as follows:
'Unloaded vehicle weight' means the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo or occupants.
The "weight of a vehicle" includes the weight of those accessories that are installed on a vehicle before delivery and are not ordinarily removed. Among such accessories are the following: air bag suspension systems
draw bars
headlamp and radiator protectors
helper-springs
hitches
pintle hooks
power take-offs
push bumpers
step bumpers and side steps
tire carriers
wreckers
The weight of those accessories that are ordinarily removed from a vehicle when they are not in use, however, is not included in the "weight of a vehicle". Consequently, accessories in this latter group would be removed by the NHTSA prior to testing for conformity to Standard No. 301-75. Among these are the following:
snow plows
spreaders
tow bars
Categorization of winches, the remaining accessory that you have listed, depends on the nature of the particular winch. One that is generally removed only when its presence interferes with other vehicle functions would be included in the evaluation of "unloaded vehicle weight". A portable winch that is ordinarily removed after use, however, would not be included in that evaluation.
SINCERELY,
Jeep Corporation
April 1, 1976
James B. Gregory Administrator National Highway Traffic Safety Administration U.S. Department of Transportation
On March 9, 1976 the Jeep Corporation petitioned the Administrator of the National Highway Traffic Safety Administration for rulemaking to exempt work-performing accessories from the test requirements of FMVSS No. 301, Fuel System Integrity, as the standard applies to multi-purpose vehicles and light trucks. This letter transmits additional information to supplement our March 9 petition.
It has occurred to us that a summary of the types of available work-performing accessories referenced in our petition might be of benefit to you in your efforts to evaluate the merits of the Jeep petition. We, therefore, submit the following list of work-performing accessories, or work-related accessories, for your information and review:
Air bag suspension systems
Draw bars
Headlamp and radiator protectors
Helper springs
Hitches
Pintle hooks
Power take-offs
Push bumpers
Snow plows
Spreaders
Step bumpers and side steps
Tire carriers
Tow bars
Winches
Wreckers
In addition, we have attached copies of the booklet "Jeep Vehicle Special Equipment and Jeep Vehicle Accessories Catalog" which includes illustrations of the type of accessories and devices discussed above as well as descriptions of other factory-approved equipment and accessories that are available on these unique vehicles.
We request your prompt and favorable acceptance of this petition since less than five months remain before FMVSS No. 301 becomes effective as applied to MPV's and light trucks.
George E. Brown Executive Director - Vehicle Emissions & Safety
ATTACHMENTS Jeep Corporation
March 9, 1976
James B. Gregory Administrator National Highway Traffic Safety Administration U.S. Department of Transportation
RE: Petition For Rulemaking Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity
On October 16, 1975, Jeep Corporation submitted a petition to amend the definition of "unloaded vehicle weight" so that work-performing accessories would not be included. That petition was subsequently denied (your letter N40-30) on the grounds that the NHTSA has adopted a policy of evaluating potential dynamic testing problems with heavy or protruding accessories on a "standard-by-standard" basis.
In accord with that stated NHTSA policy, Jeep Corporation, herewith, submits the attached petition to amend Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity, so that the test conditions specified by the standard do not include the work-performing accessories used on trucks and multi-purpose vehicles.
George E. Brown Executive Director Vehicle Emissions and Safety
March 9, 1976
PETITION TO AMEND FEDERAL MOTOR VEHICLE SAFETY STANDARD (49 CFR PART 301) FUEL SYSTEM INTEGRITY
Pursuant to Section 124 of the National Traffic and Motor Vehicle Safety Act, Jeep Corporation petitions the Administrator of the National Highway Traffic Safety Administration to undertake rulemaking to amend Motor Vehicle Standard No. 301, Fuel System Integrity, so that the test conditions specified by the standard do not include work-performing accessories for trucks and multipurpose vehicles. Thus, the test conditions for Standard No. 301 would then be consistent in this respect with those for Standard No. 219, Windshield Zone Intrusion.
The Jeep Corporation requests the Administrator's consideration of this petition for the amendment to Motor Vehicle Safety Standard No. 301, Fuel System Integrity, for the following reasons:
Currently, the Test Conditions of Standard No. 301, Fuel System Integrity, Are Not Consistent with Those of Standard No. 219, Windshield Zone Intrusion
In the preamble to the proposal for Standard No. 219, Windshield Zone Intrusion, Docket No. 74-21; Notice 2, the Administrator stated:
"Finally, the NHTSA is continuing to promote compatibility and economy in barrier crash testing by adopting vehicle loading and dummy restraint requirements in Standard No. 219 identical to those set out in proposed amendments to Standard No. 301, Fuel System Integrity, 49 CFR 571.301 (40 FR 17036, April 16, 1975)."
Jeep Corporation fully supports the Administrator's efforts to promote compatibility and economy in barrier testing; however, the requirements for Standard No. 219 and 301 do not provide the desired compatibility or economy.
Section 7.7b of Standard No. 219 referring to the test loading and dummy requirements for multi-purpose passenger vehicles, trucks, and buses states:
"For the purposes of this section, unloaded vehicle weight does not include the weight of work performing accessories."
Standard No. 301 does not provide for the exemption of work-performing accessories and, therefore, is not compatible with Standard No. 219 and thus requires clarification regarding the loading conditions for barrier testing.
Barrier Tests Including Work-Performing Accessories Would Not Be Representative of Normal Production Vehicles
Multi-purpose vehicles, because of their nature, are used in many ways with equipment not typical of normal passenger car usage. Barrier tests involving work-performing accessories would not be representative of most production vehicles. For example, the barrier test results of a truck with a snow plow on its front and carrying a salt spreader on its rear should not be used to depict base vehicles because of the possible protection offered to the base vehicle by its work-performing devices.
Excessive Barrier Test Requirements May Cause Some Accessories Specifically Engineered for Jeep Vehicles to be Removed From the Marketplace
Jeep Corporation offers a full range of work-performing accessories ranging from snow plows and push plates to power winches and wrecker assemblies. Such accessories are highly desirable to customers who want to more fully utilize the multi-purpose features of their Jeep vehicles or who want to utilize the capabilities of any class of vehicle for recreational or work purposes.
These accessories, which are marketed as Jeep Special Equipment, are specifically designed to be compatible with Jeep vehicles, thereby requiring a minimum of vehicle modification, and are offered either as factory-installed or dealer add-on equipment. Aftermarket universal-type accessories may not be so readily adaptable to Jeep vehicles resulting in major vehicle modifications which may compromise the safety performance of the original vehicle.
Marketing of these engineered accessories may not be possible, however, if the dynamic testing procedures of Standard No. 301, Fuel System Integrity, differ from the test procedures specified for other standard such as Standard No. 219, Windshield Zone Intrusion, and require multi-purpose vehicles to be tested with a myriad of special equipment accessories. Programs to assure compliance to any Federal Safety Standard specifying barrier testing with all possible equipment combinations would create a testing and financial burden which Jeep Corporation could not bear. The end result would be the withdrawal from the marketplace of certain original equipment, manufacturer-installed accessories or dealer-installed, manufacturer-approved accessories which may not be in the best interest of public safety.
Summary
In recognition of the above arguments, Jeep Corporation petitions the Administrator to amend Section 7.1.6(b) of Motor Vehicle Safety Standard No. 301, Fuel System Integrity, by adding the sentence underlined here:
". . . same. Each dummy shall be restrained only by means that are installed in the vehicle for protection at its seating position. For the purposes of this section, unloaded vehicle weight does not include the weight of work-performing accessories."
Jeep Corporation submits that such rulemaking is both in the public interest and in the best interest of vehicle safety.