Search Interpretations

Interpretation ID: EPA_008378.cmc.2



    Mr. Anthony J. Tesoriero
    United States Environmental Protection Agency
    National Vehicle and Fuel Emissions Laboratory
    2565 Plymouth Road
    Ann Arbor, MI 48105-2498


    Dear Mr. Tesoriero:

    This is in response to your letter and phone conversations with my staff requesting an explanation of the Federal motor vehicle safety standards (FMVSS) applicable to the modification and operation of motor vehicles for experimental purposes. As explained below, the applicability of the FMVSS is dependent upon when the vehicles are altered in relation to the vehicles certification, and the type of entity installing the experimental system.

    In your letter you stated that the Environmental Protection Agency (EPA) was planning to modify a total of six vehicles through the installation of an experimental hybrid drive system. Your letter further stated that several of the vehicles would be retained at the National Vehicle and Fuel Emissions Laboratory (NVFEL) for testing and demonstration purposes, and that the remaining vehicles would be loaned to vehicle fleet operators in order to gain performance and durability data. Initially you stated in a phone conversation with Mr. Chris Calamita of my staff that several vehicles would be purchased by NVFEL as chassis-cabs, while others would be purchased "retail" from a local automotive sales dealer. You explained that the installation of the experimental drive system would be performed by EPA personnel and engineers contracted from outside engineering firms. In a subsequent phone conversation, you stated that only fully certified vehicles that have been purchased and are owned by the EPA would be modified. As such we will address only those issues regarding the modification of fully certified vehicles owned by the EPA.

    Additionally, you requested that the plans and details about these vehicles incorporated into your letter be kept confidential. In response to your request, it is our

    position that this information is exempt from disclosure under exemption 5 of the Freedom of Information Act (5 U.S.C. 552(b)(5)). Accordingly, we will honor your request that the information be granted confidential treatment.

    The National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS) that apply to the manufacture and sale of motor vehicles (49 U.S.C. Chapter 301). Pursuant to 49 U.S.C. 30112(a):

    [A] person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, any motor vehicle unless the vehicle complies with [all applicable FMVSS] and is covered by a certification issued under Section 30115 of this title.

    Generally, our standards do not apply to vehicles after the first sale for purposes other than resale (first retail sale). Under 49 CFR Part 567, Certification (enclosed), it is the manufacturer that must certify that a vehicle complies with all applicable FMVSS.

    While the Section 30112(a) applies only new motor vehicles, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard (49 U.S.C. 30122). Accordingly, the "make inoperative" provision does not apply to any entity so long as that entity is not of the type listed above and does not fall with in the definition of "motor vehicle repair business." The agency has defined "motor vehicle repair business" as follows:

    The term motor vehicle repair business is defined in 49 U.S.C. 30122(a) as "a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment." This term includes businesses that receive compensation for servicing vehicles without malfunctioning or broken parts or systems by adding or removing features or components to or from those vehicles or otherwise customizing those vehicles. (49 CFR 595.4.)

    Based on your letter and subsequent conversations, it appears that the vehicles in question will not be modified by an entity specified in 49 U.S.C. 30122. As such, the prohibition would not apply.

    Your letter also asked about regulations governing the operation of the experimental vehicles. NHTSA does not regulate the operation (i.e., use) of motor vehicles, which is generally under the jurisdiction of the States. Additionally, the individual States have the authority to regulate the modifications that may be made to a vehicle by its owner. We recommend that you check with the appropriate State authorities to determine if any State laws would be applicable to the modification and operation of these vehicles.

    If you have any further questions, please contact Mr. Chris Calamita, of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:121
    d.3/1/04