Interpretation ID: 77-1.14

TYPE: INTERPRETATION-NHTSA

DATE: 01/28/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Fleming Metal Fabricators

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your December 3, 1976, letter concerning the relationship between Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, and the fuel tanks that you manufacture for vehicles with a gross vehicle weight rating of 10,000 pounds or less.

Standard No. 301-75 applies to whole vehicles rather than to fuel tanks. Therefore, the responsibility under Federal law for compliance with the standard lies with the vehicle manufacturer. He must exercise due care in certifying that the vehicle will, if tested by the NHTSA as specified in S6 and S7 of the standard, meet the fuel spillage requirements set out in S5. What constitutes "due care" in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and above all the diligence evidenced by the manufacturer.

The vehicle manufacturer who installs a fuel tank manufactured by you may, in order to meet his duty to exercise due care, rely on assurances from you concerning the tank's performance characteristics, to the extent that such reliance is reasonable. Your assurances, in turn, need not necessarily be based on actual crash testing of vehicles equipped with your fuel tanks under the exact conditions prescribed in the standard.

You should both note, of course, that the ability of a vehicle to conform to the standard depends not only on the performance capabilities of the fuel tank itself, but also on other factors including the manner and location in which it is mounted. The fact that your fuel tanks conform with Federal Highway Administration requirements (49 CFR @@ 393.65 and 393.67), therefore, does not by itself imply that vehicles equipped with such tanks are capable of passing the crash test requirements of Standard No. 301-75.

Similarly, the fact that your company's manufacturing procedures and its mounting and installation instructions conform to established industry practices is not sufficient evidence of due care, unless it is reasonable to conclude from it that the vehicles will conform.

SINCERELY,

FLEMING METAL FABRICATORS

3 December, 1976

Frank Berndt Office of Chief Council Dept. of Transportation SUBJECT: 571, 301-75 Fuel System Integrity with certification per Part 567 -- by auxilliary gasoline tank installers (Truck Body Builders, New Truck Dealer, Truck Repair Facility, Etc.). To discover bases for responsible certifying to Safety Standard 301 without performing actual tests or without reference to factory vehicle tests.

Pursuant to our telecon of 2 December, 1976, we present the following information hoping that some answer can be found to this very perplexing problem.

We are strictly manufacturers, and if you will make reference to FMF 76 Minilog our total product line will be clearly presented.

Many of FMF customers are bogged down by the Safety Standard 301 (they currently will not install tanks on vehicles 10,000# or less); and, their attitude is that FMF is responsible for providing a certification basis to them (which of course is not true). Many large manufacturers in the east are providing their dealers (installers) with installation diagrams and stating that a product once installed per their instructions may be certified by the installer. It is highly doubtful that these manufacturers actually performed barrier impact tests, but, rather are relying on the Truck Manufacturers Test Information (Ford, Chev., Etc.), and this information is not available to FMF or to our customers.

It appears to us that by furnishing our customer with a fully representative installation diagram (which would parallel factory procedures), it would provide a clear cut basis to the tank installer to provide a responsible certification. (It should be noted that the installation of an auxilliary gasoline tank does require connecting into existing lines for the supply and vent lines, but it is difficult to see that such additions would in any way create a situation that would be less safe than the vehicle as originally certified by the Truck Factory.

As you probably noted, all of FMF tanks are made to comply with FHWA 393.65 & 393.67; further, the mounting of these tanks has been statically tested far beyond the traditional 5 to 1 safety factor. Our products are in many cases deliberately overdesigned and we do not have product failures. Product failures cannot be tolerated in today's marketplace -- if a company's product liability insurance was every used, it is doubtful that replacement insurance would be available -- even at vastly increased premiums.

Many of our customers are Mom & Pop organizations with up to 10 employees; This type of organization as well as many much larger companies are not able to get involved with extensive testing because of the following reasons; economic, personnel, time and inadequate facilities -- to name just a few.

Since all truck chasses (some with bodies mounted and some without) must be certified by the truck manufacturer -- It would seem reasonable that installers of component parts or auxilliary parts to the truck chassis or body (knowing that their additional certification is to be on that vehicle) will proceed responsibly and especially if fully representative installation diagrams are provided.

Your immediate attention to this letter will be greatly appreciated, & we remain,

Robert I. Fleming, Pres.