Interpretation ID: aiam2427
President
Southern California Recreational Vehicle Products
Inc.
2449 North Naomi Street
Burbank
CA 91504;
Dear Mr. Atkinson: This is in response to your September 15, 1976 letter, concerning th effect of Federal Motor Vehicle Safety Standard No. 301-75, *Fuel System Integrity*, on manufacturers of replacement and auxiliary fuel tanks.; You are correct in your understanding that this standard applies t completed vehicles, rather than fuel tanks or other fuel system components. Therefore, for example, an auxiliary fuel tank that you manufacture is not itself subject to any performance requirements. However, a person who mounts such an auxiliary fuel tank on a new motor vehicle before the vehicle's first purchase in good faith for purposes other than resale is a vehicle alterer under National Highway Traffic Safety Administration regulations. He is required by 49 CFR 567.7 (copy enclosed) to affix a label to the vehicle certifying that, *as altered*, the vehicle conforms to all applicable Federal Motor Vehicle Safety Standards--including Standard No. 301-75.; In addition, the mounting of an auxiliary or replacement fuel tank on motor vehicle after the vehicle's first purchase in good faith for purposes other than resale is affected by Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1397 (a)(2)(A)). That section specifies in relevant part that; >>>No manufacturer, distributor, dealer or motor vehicle repai 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... . (Emphasis added.); Therefore, such a mounting of an auxiliary or replacement fuel tan must be performed in such a way that the vehicle's compliance with Standard No. 301-75 is not knowingly compromised.; Sincerely, Frank A Berndt, Acting Chief Counsel