Interpretation ID: nht94-1.32

TYPE: INTERPRETATION-NHTSA

DATE: January 27, 1994

FROM: Harleigh Ewell -- Regulatory Affairs Division, U.S. Consumer Product Safety Commission

TO: David Elias, Esq. -- Office of the Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: Attached to letter dated 09/16/94 from John Womack to Harleigh Ewell (A42; VSA 102(4))

TEXT: As we discussed today, enclosed is a copy of our earlier inquiry.

August 23, 1993

David Elias, Esq.

Office of the Chief Counsel, NHTSA

Dear Mr. Elias:

In reference to our telephone conversation on August 19, I have attached a letter from Mr. S. M. Rosen, who had a gasoline nozzle separate from its hose while he was filling his motor home at a gas station. I would appreciate your office's interpreta tion of whether the nozzle/hose is an item of motor vehicle equipment, and thus not a consumer product subject to the Commission's jurisdiction under 15 U.S.C. @ 2052(a)(1)(C).

Thank you for your assistance in this matter. I can be reached at (301) 504-0980 if you need further information.

Harleigh Ewell

Attorney

Regulatory Affairs Division

U.S. CONSUMER PRODUCT SAFETY COMMISSION

Attachment

July 24, 1993

Chairman Consumer Product Safety Commission 1111 18th St. Washington, D.C.

Dear Chairman,

Several weeks ago my wife and I were returning home from a 9,000 mile cross-country trip in our motor home when we drove into a gas station for a fill-up. As the gas was flowing into my tank, the hose separated from the nozzle in my vehicle. I found my self holding a hose gushing gasoline freely. A fire erupted and our motor home was destroyed. We were lucky to escape with our lives.

Could you please inform me if your office ever received any compliants nationwide of gasoline hoses separating from nozzles? Could you also inform me if the federal government inspects the nation's service stations on any regular basis, and if so, what i tems are inspected to insure safety for motorists using the station?

Does the federal government have any code books which apply to the nation's service stations regarding safety and cleanliness, etc.?

Your assistance in the matter will be greatly appreciated.

Sincerely,

S.M. Rosen