Interpretation ID: nht71-5.49

DATE: 07/01/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Messrs. Modrall, Seymour, Sperling, Roehl & Harris

TITLE: FMVSS INTERPRETATION

TEXT: RE: GIGLER V. VOLKSWAGEN

In your letter of June 16 to Roman Brooks of this agency you ask for background information on Federal Motor Vehicle Safety Standard No. 301, Fuel Tanks, Fuel Tank Filler Pipes, and Fuel Tank Connections, effective January 1, 1968.

Section 103(h) of the National Traffic and Motor Vehicle Safety Act of 1966 required that the initial safety standards be "based upon existing safety standards." Standard No. 301 was based upon General Services Agency Standard No. 515/26, Fuel Tanks and Tank Filler Pipes, effective October 13, 1967. As you know, the GSA standards were applicable only to vehicles purchased by the Federal Government. The two standards, however, are not identical; as an example, Standard No. 301 includes fuel tank connections, while GSA Standard No. 515/26 included a rear end collision test at 20 miles per hour and a side collision test at 15 miles per hour. Perhaps GSA can provide you with background information on their standard if you deem it essential to your case.

MODRALL, SEYMOUR, SPERLING, ROEHL & HARRIS

June 16, 1971

Roman Brooks U. S. Department of Transportation

Re: Volkswagen Gas Caps Our File: Gigler v. Volkswagen

As I mentioned to you when we discussed this matter on the telephone sometime ago, one of the issues in this case will be the applicability of safety standard 301. It is my understanding that on November 30, 1966, the department issued public notice that it was proposing to adopt standard 301, together with the other initial 22 standards. This notice was published on December 3, 1966, in Volume 31 of the Federal Register, pages 15212 through 15221. The publication gave notice that standard 301 was anticipated to become effective on September 1, 1967, and invited interested parties to submit such written data, views, or arguments as they may desire. On January 31, 1967, the order establishing the standard was entered and the same was published on February 3, 1967, in Volume 32 of the Federal Register, pages 2408 through 2416. Standard 301 was adopted, but was to become effective January 1, 1968, rather than September 1, 1967, as originally proposed.

I recognize that safety standard 301 was not technically applicable to the 1966 VW and that it did not go into effect until after our accident (September 20, 1967) had occurred. It is my contention, however, that standard 301 was nothing more than a codification of a pre-existing standard or general custom commonly recognized in the automotive industry. What I need to find out is whether or not this is true and exactly where the standard came from. If you have any committee reports or other data which you could send me concerning the history and background of safety standard 301, I would be most appreciative. If you are not the proper party to handle this for me would you please see to it that this letter reaches the proper destination.

2

This issue is one which the court wants to resolve before trial and in a very short period of time. Consequently, I need this information as soon as possible. In the event that you have such reports and perhaps transcripts of hearings, etc., but the same would be bulky and rather expensive for me to purchase, please let me know since my clients have already built up enormous expenses in this case and we are going to have to start economizing.

Thank you for your very kind cooperation.

Kenneth L. Harrigan