Interpretation ID: nht74-1.25

DATE: 04/22/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Bruck Caulkens, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of April 4, 1974 requesting information concerning the existence of any Federal Motor Vehicle Safety Standards applicable to auxiliary fuel tanks.

The National Highway Traffic Safety Administration has promulgated no motor vehicle safety standard relating to auxiliary fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems. Thus, if installation of the auxiliary tank is accomplished prior to the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the tank or offering the vehicle for sale would be in violation of @ 108(a) (1) of the National Traffic and Motor Vehicle Safety Act. That would make the installer or seller subject to civil penalties of up to $ 1,000 for each violation.

The National Traffic and Motor Vehicle Safety Act authorizes the Secretary of Transportation to make a determination as to whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to notify purchasers of the hazard. Therefore, even though auxiliary fuel tanks are not the subject of a standard, they still must be safely designed.

For your information, I have enclosed a copy of the Federal Safety Standard relating to motor vehicle fuel systems.

YOURS TRULY,

BRUCE CAULKENS, INC.

April 4, 1974

Lawrence R. Schnieder Chief Council Office of the Administrator -- NHTSA

Enclosed you will find a copy of U.S. Letters Patent #3,433,246 which affords a physical description of a portable, auxiliary fuel tank, designed primarily for stowage and/or transport of gasoline inside the trunk or other enclosed areas of an automobile or similar vehicle.

Briefly, the patented design concept is a small, 2-gallon, metal tank, having a filler spout and cap, on-off spigot, and a pressure relief valve from which a polyethylene or nylon tube provides continuous venting to the outside air.

The tank is easily removable from a harness assembly which holds it firmly in place. The tank must be removed from the vehicle when being filled, thereby eliminating the possibility of spillage into the trunk or enclosed area.

A Polyethylene tube attached to the spigot acts as a flexable carrier for transfer of gasoline/fuel from the auxiliary tank to the main fuel tank.

The tank has been tested by the Ethel Corporation Laboratories, 1600 E. 8 Mile Road, Ferndale, Michigan for Emission Control data and rendered an overall emission vapor factor of less than two (2) grams.

I am attempting to have the auxiliary tank manufactured and, because this will involve a great deal of money to set up (tooling, etc.), the manufacturer and I would like to be assured that the United States Government will not look unfavorably upon our auxiliary tank device.

Mr. Peter Cooley, Research Engineer, Michigan Highway Safety Research Program, Univ. of Mich., Ann Arbor, Michigan, Phone (313) 764-0248, has examined and noddingly (unofficially) approved of our tank device from both principle and practicality of design. Mr. Cooley suggested that the National Highway Safety Administration and the E.P.A. Departments of the Federal Government would not be interested from a control standards point of view because the auxiliary tank device is portable and not intended to be a fixed, permanent installation in an automobile.

We would appreciate receiving a letter from your department stating that due to the "portability" of our tank device, we would not be subject to Federal Control Standards, other than those set forth as generally acceptable standards and laws, local and federal, that regulate gasoline tanks, etc.

Bruce Caulkens President

Enc. (Patent Omitted.)

cc

Mr. Colver R. Briggs Automotive Safety Planning & Research Staff Ford Motor Company

Mr. Joseph Innes Administrative Chief National Highway Safety Administration

Mr. Emmett E. Hixon Automotive Corporate Sales Hercules, Inc.

Mrs. Julie Candler Automobile Editor Woman's Day Magazine