Interpretation ID: nht74-5.54

DATE: 07/10/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Hellstar Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 17, 1974, requesting further information on the applicability of Federal safety standards to auxiliary fuel tanks.

Standard No. 301 does not apply directly to auxiliary or extra-capacity fuel tanks. However, it does apply to motor vehicle fuel systems. Therefore, if an auxiliary or extra-capacity tank is installed in the fuel system of a vehicle that is subject to the performance requirements of Standard No. 301, before its first purchase for purposes other than resale, causing that fuel system not to be in compliance with the standard, the person installing the tank or offering the vehicle for sale would be in violation of @108 (a)(1) of the National Traffic and Motor Vehicle Safety Act. Since Standard No. 301 becomes applicable to trucks with a GVWR of 6,000 pounds or less on September 1, 1976, the fuel systems of such trucks will have to meet the performance requirements of the standard as of that date.

The fact that a customer may have ordered the auxiliary or extra-capacity tank to be installed in the vehicle he is purchasing does not affect the installer's responsibilities under the Act. He would still be in violation of Standard No. 301 if the tank were installed prior to the first purchase causing the fuel system to be in noncompliance.

Auxiliary and extra-capacity fuel tanks are not subject to regulation under Standard No. 301 where they are installed after the first purchase of the vehicle for purposes other than resale. However, the auxiliary and extra-capacity tanks are subject to the

2 section of the National Traffic and Motor Vehicle Safety Act that authorizes the Secretary of Transportation to make a determination as to whether or not an item of motor vehicle equipment contains a safety-related defect. In the event that such a determination is made, the manufacturer may be compelled to notify purchasers of the hazard.

If the installation of the fuel tank occurs before the first purchase of the vehicle for purposes other than resale, the installer must affix to the vehicle an additional certification label stating the alterer's name, the date of the alteration completion, and that the vehicle conforms to all applicable safety standards in effect on a date no earlier than the manufacturing date of the original vehicle, and no later than the date the alterations were completed.

We appreciate your interest.

YOURS TRULY,

CORPORATION June 17, 1974

Richard B. Dyson Assistant Chief Counsel -- NHTSA

Re: N40-30 KK

Your letter to Merle Robberts did not state clearly what effects standard No. 301, Part 571 would have to pick up truck auxiliary fuel tanks when this standard takes effect in 1976.

If I am reading your letter correctly auxiliary fuel tanks will not be effected, even after 1976, as long as they are not installed prior to first sale. Is this a correct assumption?

We also manufacture a line of extra capacity fuel tanks where the original tank is removed and our tank is installed in its place. Would the above be true in this situation?

If a new truck dealer installed an auxiliary or a replacement fuel tank on a vehicle that was ordered by the customer, would he be in violation of Standard 301?

Would a person that installs an auxiliary or replacement fuel tank on a vehicle have to recertify this vehicle under Part 567 certification rules?

A reply to the above at your earliest convenience will be greatly appreciated.

John J. Gostomski President