Interpretation ID: 9731
Kings Environmental Hydrogen Systems
P.O. Box 713
Marana, AZ 85653
Dear Mr. Gallahar:
This responds to your letter requesting information about Federal requirements applicable to an on-board hydrogen generator used on an internal combustion engine to control exhaust emissions. I am pleased to have this opportunity to explain our regulations to you.
By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, including an on-board hydrogen generator.
NHTSA has not issued any standards for a device such as yours. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
Please note that no FMVSS would preclude the installation of your product as an item of original equipment. Nevertheless, if your device were installed on a new vehicle by a vehicle manufacturer or an alterer before the first consumer purchase, then they would have to certify that the vehicle complies with all applicable standards, including Standard No. 301, Fuel System Integrity.
A commercial business that installs the on-board hydrogen generator would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.
This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSSs. For instance, compliance with FMVSS No. 301 might be degraded if the hydrogen generator affected the integrity of a motor vehicle fuel system. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.
Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install an on-board hydrogen generator in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.
You may wish to contact the Environmental Protection Agency for any questions concerning emissions and air quality. The general telephone number for the EPA is (202) 382-2090. You may also wish to contact the state of Arizona for information on its emissions testing regulations.
I hope this information is helpful. If you have any more questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
Enclosure
ref:301 d:5/18/94