Interpretation ID: nht89-2.10

TYPE: INTERPRETATION-NHTSA

DATE: 06/19/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: GARRY O. MCCABE --

TITLE: NONE

ATTACHMT: LETTER DATED 01/25/89 FROM GARY O. MCCABE TO MIKE TRENTACOSTE; LETTER DATED 06/06/89 FROM MICHAEL F. TRENTACOSTE TO STEPHEN P. WOOD -- NHTSA, REQUEST FOR INTERPRETATION OF FHWA AND NHTSA REGULATIONS

TEXT: Dear Mr. McCabe:

Earlier this year you wrote to the Federal Highway Administration (FHWA) asking for information concerning your plans to field test a "rapid fueling system" on an existing truck fleet. The FHWA has asked us to review your letter with regard to the regul ations we administer. I expect that FHWA will contact you directly with information concerning their regulations.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (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 e quipment is responsible for certifying that its products meet all applicable safety standards. (A general information sheet describing manufacturer's responsibilities under the Vehicle Safety Act is enclosed.)

There is currently no FMVSS that is directly applicable to parts of the fuel system retrofitted to a used motor vehicle. FMVSS No. 301, Fuel System Integrity (copy enclosed), applies only to completed new motor vehicles. (The standard applies to trucks with a gross vehicle weight rating of 10,000 pounds or less.) If the rapid fueling system were installed as original equipment on new vehicles, the vehicle manufacturer would have to certify that the entire fuel system, with your product installed, sati sfies the requirements of FMVSS No. 301. Also, if the item is added to a new motor vehicle prior to its first sale, the person who adds the system would be an alterer of a previously certified motor continues to comply with all of the safety standards a ffected by the alteration.

If the rapid fueling system is installed on a used vehicle by a business such as a garage or repair shop, the installer would not be required to

2 attach a certification label. However, the installer would have to make sure that he or she did not knowingly render inoperative the compliance of the vehicle with any safety standard, including Standard No. 301. This is required by S 108(a) (2) (A) of the Vehicle Safety Act.

The prohibitation of S 108 (a) (2) (A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, they may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

Although Standard No. 301 would not directly apply to rapid fueling systems installed on used vehicles, you should be aware that manufacturers of motor vehicle equipment, which would include your product, are subject to the requirements in sections 151-1 59 of the Vehicle Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. If you or NHTSA determines product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle ma nufacturer in cases in which the system 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.

We suggest that you contact the Environmental Protection Agency to see whether the EPA has any type of emissions requirements that might affect the manufacture and installation of the rapid fueling system. The general telephone number for the EPA is (20 2) 382-2090.

I hope this information is helpful. Please contact my office if you have further questions.

Sincerely,

ENCLOSURES