Interpretation ID: nht80-1.5

DATE: 01/18/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Pierson, Ball & Dowd

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 7, 1979, to Taylor Vinson of this office requesting written confirmation of an oral opinion.

Specially you asked whether your client, Grumman Allied Industries, Inc. needed to obtain a temporary exemption from Standard No. 301-75 in the situation where it, to use your words, "was considering converting a small number of their gasoline-powered trucks to diesel power on an experimental basis in order to sponsor a comparative fuel economy test which would be conducted by their consumers." The opinion for which you request written confirmation is that Grumman "would not need a temporary exemption if there existed a reasonable basis to believe that the vehicle as modified would still be in compliance with the fuel integrity safety standard."

That option is essentially correct assuming that Grumman is the manufacturer of the vehicles in question. Grumman may substitute diesel engines for conventional ones in the manufacturing process without barrier impacting its vehicles if a reasonable basis exists for concluding that its vehicles as modified will meet the standard. The National Traffic and Motor Vehicle Safety Act does not legally require a manufacturer to test its vehicles. It does, however, require conformance of those vehicles with NHTSA safety performance standards and although testing in accordance with the procedures and conditions set forth in the standards may provide the greatest assurance of conformity, a manufacturer may nevertheless resort to engineering studies mathematical calculations, computer simulations etc. as a basis for certifying that the vehicle does meet all applicable standards.

If Grumman is converting existing vehicles produced and certified by another manufacturer, the responsibility differs though the end result may be substantially similar. The Act imposes no restrictions upon the alteration of a vehicle by its owner, but the agent of an owner (specifically a manufacturer, dealer, or motor vehicle repair business) may not "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 safety standard . . . ." (15 U.S.C. 1397(a)(2)(A)). Therefore, if a person other than Grumman is converting existing vehicles to diesel power, it should not do so unless it is assured that at the end of the conversion process the vehicle continues to meet Standard No. 301-75.

I hope this is responsive to your request.

SINCERELY,

December 7, 1979

Taylor Vincent, Esq. Office of Chief Counsel National Highway Traffic Safety Administration Department of Transportation

Dear Mr. Vincent:

In a telephone conversation I had with you on December 3, 1979, I indicated to you that our client, Grumman Allied Industries, Incorporated (GAII), was seeking clarification on the need to acquire a temporary exemption with respect to FMVSS 301-75 (Fuel System Integrity). If you recall, GAII was considering converting a small number of their gasoline-powered trucks to diesel power on an experimental basis in order to sponsor a comparative fuel economy test which would be conducted by their consumers. It was your opinion that GAII would not need a temporary exemption if there existed a reasonable basis to believe that the vehicle as modified would still be in compliance with the fuel integrity safety standard.

Therefore, I would ask you to confirm my understanding of the substance of our conversation so that our client may have some documentation of its intention to maintain its operations in full compliance with the Federal Motor Vehicle Safety Standards.

Thank you for your attention to this matter and if you have any questions, please call me.

PIERSON, BALL & DOWD

E. Michael Flanagan