ID: nht79-3.13

DATE: 11/09/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Chief, Cleveland Fire Department

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 2, 1979, in which you asked for copies of any current or recommended standards concerning the use of plastic auxiliary fuel tanks. May I apologize for the delay in this response.

I have enclosed a copy of a letter, which was sent to a company which planned to manufacturer auxiliary fuel tanks and to do some installation, that details the ways in which the safety standards and statutes administered by this agency apply to the manufacture of auxiliary fuel tanks of all types. In addition, I have enclosed a copy of an advance notice of proposed rulemaking that this agency issued with respect to a proposal to issue performance standards applicable to nonmetallic fuel tanks.

At this time the agency does not have any standards applicable to the use of auxiliary fuel tanks. However, several months ago we issued a consumer advisory warning against carrying fuel in portable containers in the trunks of cars. We consider this advisory applicable not only to portable containers but to any fuel container mounted in an area not normally consigned to such use. I have enclosed a copy of this advisory for your information. In addition, we are planning to issue a press release in the near future specifically addressed to the dangers of using auxiliary fuel tanks.

If you have any reports, case histories, photographs, or other material concerning any fires or fire problems caused by the use of auxiliary fuel tanks we would be most grateful if you would allow us to examine them. Your concern in this area of vehicle safety is deeply appreciated.

Sincerely,

City of Cleveland

July 2, 1979

U.S. Department of Transportation National Highway Traffic Safety Administration

Re: Auxiliary Fuel Tanks for Motor Vehicles

Gentlemen:

Due to the gasoline fuel shortage, we are facing a new problem in the fire service. The use of plastic auxiliary fuel tanks has become more prevalent and responsible for vehicle fires. The concern for fire fighters, fighting a fire in a vehicle containing one of these tanks is paramount.

A copy of any standards or recommendations in effect or being considered will be used to inform the fire suppression units of this Department.

Please furnish any product manufacturers that have approval for installation.

William E. Barry, Chief Division of Fire

CC: LT. DEIGHTON

ID: nht79-3.14

DATE: 08/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. D. J. Arneson

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 27, 1979, which inquired whether there are any regulations governing the installation of a propane-fueled engine, or the conversion of a gasoline-fueled engine to a propane-fueled engine, in vehicles registered for use on Federal, State, and local highways.

To date, the National Highway Traffic Safety Administration (NHTSA) has not exercised its authority pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381 et seq.) (the Act), to issue a safety standard applicable to propane-powered vehicles. Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, applies only to vehicles which use fuel with a boiling point above 32 degrees F., and propane has a boiling point well below this temperature. Despite the absence of safety standards specifically applicable to propane-powered engines, however, an installer of these systems may be subject to other Federal requirements.

Under NHTSA safety regulations, a person who alters a new vehicle prior to its first purchase in good faith for purposes other than resale is required to attach an additional label to the vehicle certifying that, as altered, the vehicle remains in compliance with all applicable safety standards (49 CFR 567.7). This requirement would apply to a person who alters a new vehicle to install a propane fuel system. (See the enclosed pamphlet listing the Federal motor vehicle safety standards and an information sheet explaining where to obtain copies of the standards.) Additionally, should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer could be liable for a civil penalty unless he or she could establish that he or she did not have actual knowledge of the noncompliance and that he or she did not have reason to know in the exercise of due care that the vehicle did not comply. (Section 108 (b)(2)) Defects in the propane-fueled engines or in components used for converting a gasoline-fueled engine would be the responsibility of their manufacturers, regardless of whether they were installed in new or used vehicles. Upon discovery of a safety-related defect by either the Secretary of Transportation, the NHTSA Administrator or the manufacturer himself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.

A person who installs a propane-fueled engine or converts the gasoline-fueled engine in a used vehicle is not required to affix an alterer's label. However, if that person is a manufacturer, distributor, dealer, or motor vehicle repair business, he must not in the course of installing the propane components knowingly render inoperative any device or element of design originally installed in the vehicle in compliance with applicable Federal motor vehicle safety standards. (Section 108(a)(2)(A) of the Act)

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you.

SINCERELY,

Information Officer U.S. Dept. of Transportation

June 27, 1979

Dear Sir,

Please send me a complete set of regulations governing the installation or conversion of a gasoline fueled engine to a propane fueled engine for use in registered vehicles on federal, state and local highways, if any.

If there are no regulations governing such a conversion, please inform me.

D. J. Arneson

ID: nht79-3.15

DATE: 08/27/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. William Lynch

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the questions you raised with Ms. Debra Weiner of my office when you telephoned on June 19 with regard to your intention to establish a business for the manufacture of 53.6 gallon replacement gasoline tanks and for the installation of these tanks in used Cadillac limousines. You specifically asked what Federal law is applicable to your proposed activities and whether any Federal law establishes a maximum allowable capacity for gasoline tanks.

The National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards (FMVSS's) applicable either to entire vehicles or to equipment for installation in vehicles. FMVSS 301-75, Fuel System Integrity, (see enclosed copy) is a vehicle standard applicable to passenger cars and other vehicles which requires that fuel spillage occurring during and after any crash of the vehicle into a fixed or moving barrier not exceed established limits. As explained below, this standard indirectly affects both the installation and manufacture of replacement gasoline tanks.

Section 108(a)(2)(A) of the Act prohibits certain entities and persons from knowingly removing, disconnecting, or reducing the performance of equipment or elements of design installed on a vehicle in accordance with applicable FMVSS's. Specifically, the section provides:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

A person or entity found to have violated this section would be liable for a civil penalty of up to $ 1,000 for each violation. (Section 109 of the Act).

If a person or entity listed in section 108(a)(2)(A) removes the original gasoline tank from a used vehicle and installs a replacement tank, the section is violated unless the performance (as defined by FMVSS 301-75) of the replacement tank equals or exceeds the performance of the original tank. To determine the relative performance of the replacement tank, a number of issues would have to be examined, including the quality of the replacement tank, the connection of the tank with the filler pipe and fuel lines to the fuel pump, and the location of the tank with respect to surrounding vehicle structures. For example, if unlike the original tank, the replacement tank were sufficiently near surrounding vehicle structures so that those structures might be more readily pushed against or into the replacement tank and cause a rupture in a collision, the performance of the fuel system would have been impermissibly reduced.

Consequently, as a manufacturer of replacement gasoline tanks, you could be liable for a penalty under section 108(a)(2)(A) if you replace the gasoline tank in a used Cadillac limousine with one of your tanks, knowing that the performance of the replacement tank as installed would be inferior to that of the original tank.

Please note that should you decide to install your tanks in new vehicles prior to their first sale for purposes other than resale, you would also be required to certify that the vehicle as altered still complied with all applicable Federal motor vehicle safety standards. Should these provisions become relevant to your business, I would be happy to provide further information.

Sections 151-155 of the Act, which are enclosed, would also apply to your activities as a manufacturer of gasoline tanks. These sections provide that if the agency or you find that your tanks contain a safety-related defect, you would be required to notify purchasers of the hazard and to remedy the defect. Under sections 108(a)(1)(D) and 109(a) of the Act, any person who fails to provide notification of or remedy for a safety defect is liable for a civil penalty of up to $ 1,000 per violation.

I would like to point out that, in addition to the Federal law discussed above, there may be state products liability law applicable to your proposed activities. As a manufacturer of gasoline tanks you could be liable for their design, materials, manufacture or performance. As an installer of gasoline tanks you could be liable for the manner and location in which the tanks are installed. Therefore, you may wish to consult a local lawyer before starting your new business.

Finally, with respect to your inquiry about a maximum allowable capacity for gasoline tanks, neither the National Highway Traffic Safety Administration nor the Department of Transportation as a whole has established such a limit.

I hope that you will find this response helpful.

ID: nht79-3.16

DATE: 11/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Performance Plus Products, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to the questions that you raised on October 23, 1979, with Ms. Debra Weiner of my office concerning the legal and technical issues arising from the manufacture of auxiliary fuel tanks for use in pickup trucks. You noted that you are going into the business of manufacturing auxiliary fuel tanks, that you will not be involved in the installation of such tanks, and that you would like any advice that we might be able to provide as to the construction standards that should be followed in manufacturing such tanks.

I have enclosed a copy of a letter which was sent to a company that planned to manufacture auxiliary fuel tanks for passenger cars and to do some installation. The legal principles enunciated in that letter are applicable to auxiliary fuel tanks intended for use in all types of motor vehicles except motor carriers in interstate commerce. Although your company is not planning to install auxiliary tanks, I think that you might find that the discussion of the legal issues that arise with respect to installation may be helpful in determining what safety margins should be built into these types of tanks.

As Ms. Weiner noted on the phone, this agency has not issued any standards applicable to the construction of auxiliary fuel tanks. However, the Federal Highway Administration, Bureau of Motor Carrier Safety has issued standards relevant to the construction of auxiliary fuel tanks for use in motor vehicles which are engaged in interstate commerce. I have enclosed a copy of these standards in hope that they will provide you with some suggestions as to what would constitute safe construction of an auxiliary fuel tank. In addition, the Society of Automotive Engineers has published standards pertinent to some aspects of the construction of fuel tanks. I have also enclosed copies of these.

I hope that you will find the enclosed material helpful. If you have any further questions, please feel free to contact Ms. Weiner for further information.

ID: nht79-3.17

DATE: 06/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Robert S. Ordman

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 22, 1979, in which you asked the status of Intermark Tire Company's petitions concerning the Uniform Tire Quality Grading (UTQG) Standards. You also noted that Intermark's petitions have not been published in the Federal Register.

Intermark's petition for exemption does not qualify as a petition for temporary exemption from motor vehicle safety standards under Part 555 (49 CFR Part 555), and consequently was not published in the Federal Register, since that part applies only to manufacturers of motor vehicles. Intermark's petition for rulemaking was not published because the National Highway Traffic Safety Administration's (NHTSA) Associate Administrator for Rulemaking determined that public comment was not necessary to a determination on the petition (49 CFR 552.6).

NHTSA plans in the near future to issue a notice of proposed rulemaking to exclude limited production tires from the applicatio of the UTQG Standards.

ID: nht79-3.18

DATE: 07/13/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dunlop Limited

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 8, 1979, requesting an exemption from the Uniform Tire Quality Grading (UTQG) Standards (49 CFR 575.104), Federal motor vehicle safety standard 109 (49 CFR 571.109), and the tire identification and recordkeeping requirements of Part 574 (49 CFR Part 574) for several lines of "antique" tires.

Dunlop's petition for exemption does not qualify as a petition for temporary exemption from motor vehicle safety standards under Part 555 (49 CFR Part 555), since that part applies only to manufacturers of motor vehicles. However, the regulations you refer to apply only to tires for use on vehicles manufactured after 1948 (49 CFR 575.104(c)); 49 CFR 571.109, S2; 49 CFR 574.4), and therefore, many of the tires listed in your letter are not within the scope of these regulations. Also, the National Highway Traffic Safety Administration plans to issue in the near future a notice of proposed rulemaking to exclude limited production tires from the application of the UTQG Standards, regardless of the tire's intended use.

You also asked that some form of labeling system be adopted for tires which are not required to be graded under the UTQG regulation, to facilitate processing of such tires by United States customs authorities. Regulations governing importation of motor vehicle equipment (19 CFR 12.80) only require compliance with applicable Federal motor vehicle safety standards, as set forth in 49 CFR Part 571. Any tire marked with the DOT symbol as required by Standard No. 109 (49 CFR 571.109, S4.3.1) or Standard No. 119 (49 CFR 571.119, S6.5(a)), as applicable, or which is not required to comply with such standards, will be processed expeditiously by customs authorities, and the question of compliance with the UTQG regulation should not arise. While NHTSA does not consider it necessary to impose a labeling system for tires excluded from the UTQG Standard, the agency has no objection to voluntary labeling by manufacturers or importers.

ID: nht79-3.19

DATE: 06/14/79

FROM: Frank Berndt; NHTSA

TO: Pavia & Harcourt

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 22, 1979, in which you asked the status of Intermark Tire Company's petitions concerning the Uniform Tire Quality Grading (UTQG) Standards. You also noted that Intermark's petitions have not been published in the Federal Register.

Intermark's petition for exemption does not qualify as a petition for temporary exemption from motor vehicle safety standards under Part 555 (49 CFR Part 555), and consequently was not published in the Federal Register, since that part applies only to manufacturers of motor vehicles. Intermark's petition for rulemaking was not published because the National Highway Traffic Safety Administration's (NHTSA) Associate Administrator for Rulemaking determined that public comment was not necessary to a determination on the petition (4p CFR 552.6).

NHTSA plans in the near future to issue a notice of proposed rulemaking to exclude limited production tires from the application of the UTQG Standards.

ID: nht79-3.2

DATE: 09/28/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: L. M. Delgado

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-3O

Mr. Lourdes M. Delgado 3000 Kennedy Boulevard Room 307 Jersey City, New Jersey 07306

Dear Mr. Delgado:

This responds to your recent letter requesting information concerning Federal and State laws applicable to the manufacture of van seats.

The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment. Safety Standard No. 207, Seating Systems (49 CFR 571.207), specifies performance requirements for seats, their attachment assemblies and their installation to minimize the possibility of seat failure resulting from crash forces. This standard is applicable to seats as installed in vehicles, including vans, but is not applicable to seats as individual pieces of motor vehicle equipment. Therefore, the vehicle manufacturer, not the seat manufacturer, would be responsible for compliance with Standard No. 207. However, under section 151, et seq., of the National Traffic and Motor Vehicle Safety Act, a manufacturer of vehicle seats would be responsible for any safety related defects in his products and would be required to notify owners and remedy the defects.

I am enclosinq a copy of Safety Standard No. 207 for your information, as well as an information sheet that explains where you can obtain copies of all our standards and regulations. You will have to contact the individual States in which you are interested to find out if there are any State or local laws applicable to your business.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

3000 Kennedy Boulevard Room 307 Jersey City, N.J. 07306

August 20, 1979

NHTSA Office of Chief Counsel 400 7th Street, S.W. Washington, D.C. 20590

Gentleman:

I am planning to start my own business, manufacturing van seats. I would appreciate if you can send me federal and state laws and regulations conserning the safety for van seats.

Please mail to:

Lourdes M. Delgado 3000 Kennedy Blvd. Room 307 Jersey City, N.J. 07306

Thank you for your time and cooperation.

Sincerely,

Lourdes M. Delgado

LMD/tr

ID: nht79-3.20

DATE: 10/24/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Ford Motor Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to Mr. Eckhold's letter of September 28, 1979, to Mr. Vinson of this office asking for our concurrence in Ford's wish to sell 60 1978 model Ford Fiestas on the American market.

According to Mr. Eckhold's letter 56 of the cars did not comply with the Federal motor vehicle safety standards at the time they entered the United States for use by Ford in testing and training programs. Ford represents that all these have now been brought into compliance. The four remaining Fiestas conformed at the time of entry but presumably, because of the execution of the HS-7 importation form, were not certified.

We concur with Ford's opinion that all conforming vehicles may now be sold in the United States. However, since such sales are to first purchasers for purposes other than resale, a certification label must be attached to each that meets the requirements of 49 CFR Part 567.

ID: nht79-3.21

DATE: 03/28/79

FROM: AUTHOR UNAVAILABLE; Michael M. Finkelstein; NHTSA

TO: National Truck Equipment Association

TITLE: FMVSR INTERPRETATION