Interpretation ID: aiam3277
House of Representatives
Washington
D.C. 20515;
Dear Mr. Stratton: This responds to your recent correspondence requesting information o behalf of the Schenectady County Traffic Safety Board. The Safety Board is concerned that many new or converted propane-powered vehicles carry no identification indicating that the vehicles contain propane fuel instead of gasoline. The Safety Board states that this creates a dangerous situation for firemen, policemen or other emergency personnel who respond to accidents involving propane-powered vehicles. You were asked to initiate legislative action to require such identification on these vehicles.; The National Highway Traffic Safety Administration issues safet standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. Therefore, if there were a demonstrated safety need for identification on propane vehicles, the agency would have authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, *et seq*.) to require a label or tag as was suggested by the Safety Board. Please inform the Safety Board that it should petition the agency to initiate rulemaking action to establish such a requirement if it has information or evidence indicating that a safety problem does indeed exist. I have enclosed a copy of the regulation which explains what must be included in a Petition for Rulemaking.; The agency has no authority under the Vehicle Safety Act to regulat used motor vehicles and, therefore, could not require an identification label on a used vehicle that is converted to propane fuel. Congress left this jurisdiction to the individual States. Consequently, Congressional action or action at the State level would be required to mandate identification labels on used vehicles.; I am also enclosing a copy of a letter of interpretation the agenc issued last August which discusses the implications under Federal law of installing auxiliary fuel tanks in motor vehicles and of converting vehicles to the use of propane gas. Although not directly related to the Safety Board's concern, it might be of interest.; I hope this has been responsive to your inquiry. If you have an further questions, please contact Hugh Oates of my staff at 2020-426-2992.; Sincerely, Frank Berndt, Chief Counsel