Interpretation ID: nht76-5.72

DATE: 05/26/76

FROM: RONALD W. COOKE

TO: JAMES B. GREGORY -- U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/01/75 EST, FROM ROBERT L. CARTER -- NHTSA TO RONALD W. COOKE, N41-42, OPINION FILE, MVSS 301

TEXT: Dear Mr. Gregory:

I am writing to you for some clarification on Motor Vehicle Safety Standard No. 301-75 (part 571; s 301-75). This standard spells out original equipment manufacture's responsibilities for designing automobiles against fuel spillage after crash tests. This implicitely means that manufactures of gas caps for OEM customers are required to provide gas caps which conform to the roll-over requirements.

My question is, do the Federal Motor Vehicle Standards in any way impose requirements on parts manufacturers who make gas caps for after-market retail outlets to market caps which meet the OEM roll-over specifications?

For any company to volentarily follow the practice of meeting the roll-over specifications when others do not, self-imposes a severe marketing penalty because of the additional large number of caps which are needed for complete market coverage. This poses warehouse customer inventory stocking problems. Since some companies are using one cap for the OEM which meets roll-over requirements, and a different cap for the after-market at a decided competative advantage, it is imperative to us that this question of applicability of the Federal Motor Vehicle Safety Standard be answered

I await your early reply.

Sincerely yours,