Interpretation ID: nht92-7.29

DATE: April 27, 1992

FROM: Frederick H. Grubbe -- Deputy Administrator, NHTSA

TO: Wally Herger -- Member, U.S. House of Representatives

COPYEE: Washington Office

TITLE: None

ATTACHMT: Attached to letter dated 3/13/92 from Wally Herger to Nancy Bruce; Also attached to letter dated 2/28/92 from Bill Gaines to Wally Herger

TEXT:

Thank you for your letter on behalf of Mr. Bill Gaines of Transfer Flow, Inc. Your letter has been referred to me for reply, since the National Highway Traffic Safety Administration (NHTSA) is responsible for regulating motor vehicle safety. NHTSA issued Federal Motor Vehicle Safety Standard (FMVSS) No. 301, Fuel System Integrity, the subject of Mr. Gaines' concern.

Mr. Gaines, a manufacturer of fuel tanks and fuel systems, requested your assistance about his company's "inability to meet" FMVSS 301. Mr. Gaines is concerned about the "inflexibility of testing and high cost of performing (the FMVSS 301) test."

Before I address Mr. Gaines' concerns, I would like to provide some background information on our regulations and safety standards. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to issue motor vehicle safety standards for new motor vehicles and items of motor vehicle equipment. Manufacturers of new vehicles or equipment must certify that their products conform to all applicable Federal motor vehicle safety standards (FMVSS). Each of the safety standards specifies test conditions and procedures that NHTSA will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard.

The purpose of FMVSS 301 is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after motor vehicle crashes. It does this by limiting the amount of fuel spillage that can occur when a vehicle is subjected to specified front, rear, and lateral barrier impact tests.

FMVSS 301 has applied to passenger cars since 1968, to trucks, vans and buses with a GVWR of 10,000 pounds or less since 1976, and to school buses over 10,000 pounds since 1977. The standard applies to completed new motor vehicles, and not to components of fuel systems. Thus, the manufacturer of a vehicle that is equipped with Transfer Flow's fuel system must certify that the vehicle complies with Standard 301. Similarly, a person altering a new vehicle by replacing the original fuel system with a new one must certify that the vehicle continues to meet Standard 301.

With regard to Mr. Gaines' concern about flexibility, I note that the Safety Act does not require a manufacturer to test its products only in the manner specified in the relevant safety standard. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements of the safety standards. Certifications may be based on, among other things, engineering analyses, computer simulations, and/or actual testing. The manufacturer need only ensure that its vehicles or equipment will meet the applicable FMVSS's when tested by

NHTSA according to the procedures specified in the Standards. We do not believe that the information provided by Mr. Gaines demonstrates any need to update FMVSS 301's requirements.

I hope this information is helpful.