Interpretation ID: nht93-4.41

DATE: June 22, 1993

FROM: Alan Niedzwiecki -- Director of Business Development, EDO Corporation, Government Systems Division

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: DOT NHTSA position on CNG cylinder standards

ATTACHMT: Attached to letter dated 8/13/93 from John Womack to Alan Niedzwiecki (A41; Part 303)

TEXT:

EDO Corporation is a seventy year old Aerospace/Defense contractor headquartered in College Point, New York with several operating divisions across the USA and one in Canada. One of the products that EDO Corporation has developed and is currently manufacturing is an all-composite cylinder for compressed natural gas vehicle on-board motor fuel storage. The cylinder has been certified to the Canadian Government CNG cylinder standard which has the highest safety factor of any other existing CNG cylinder standard (SF 3.33). Our cylinder was actually tested to a safety factor of 3.5. It is EDO's intention to begin a large US fleet conversion program using these cylinders, commencing July 15, 1993. If this program is successful, vehicle may be equipped at the OEM level with these cylinders.

At this time, there is no applicable U.S. Department of Transportation (DOT) cylinder standard for compressed natural gas on-board motor vehicle storage cylinders. To quote the NFPA 52 (1992 Edition) Section 2-4.2: "Note 1: Current DOT and TC specifications, exemptions, and specific permits do not address the use of cylinders as vehicle fuel containers."

We are aware of the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Rulemaking (NPRM), entitled: "NHTSA 49 CFR Part 571 Federal Motor Vehicle Safety Standards; Compressed Natural Gas Fuel System and Fuel Tank Integrity." This new CNG cylinder standard is to be adopted by law on September 1, 1994. It is our understanding that the NHTSA NPRM is a self certification standard which places full responsibility on both the cylinder manufacturer and automobile manufacturer for liability issues. In addition, manufacturers are subject to the U.S. re-call laws under the U.S. Automobile Vehicles Safety Act, 15 U.S.C. 1381.

It is important to note that the existing EDO LiteRider cylinder meets the requirements of the "New" DOT NHTSA Notice of Proposed Rulemaking (NPRM) 49 CFR Part 571 FMVSS in its current form which calls for a 3.5 safety factor.

In the interim, the AGA NGV2 has been adopted by ANSI as a voluntary industry standard for CNG motor fuel storage cylinders.

Based on numerous discussions with Department of Transportation and American Gas Association Laboratory personnel, please note that:

. The EDO LiteRider cylinder has been certified to the Canadian Government CAN/CSA B51-M91 Appendix G, Boiler, Pressure Vessel, and Pressure Piping Code.

. EDO has commenced ANSI/AGA NGV2 Certification. Anticipated approval - July 1, 1993.

. EDO will comply with the US Automobile Vehicle Safety Act, U.S.C. 1381.

. EDO has sold LiteRider cylinders for demonstration programs, in USA.

. EDO is aggressively promoting the sale of LiteRider cylinders throughout the USA.

It is EDO's position that given the above certifications there are no additional DOT regulations to which we are required to comply, prior to starting the conversion program.

We request that you review our position and let us know if there are any other measures required, prior to our proceeding.

Should you have any questions or require any additional information, please feel free to contact me at (718) 321-4503 or Fax: (718) 321-4540. My mailing address is as follows:

EDO Energy Corporation 14-04 111 Street College Point, New York 11356-1434 Attn: A. Niedzwiecki, Director of Business Development