Mr. Joel Robinson
National Fuelsaver Corp.
P,O, Box 695
Brookline Village, MA 02147

Dear Mr. Robinson:

This is in response to your telephone conversation with Dean Ross of my staff on June 10, 1985 in which you requested confirmation that approval of your product (the Platinum FUELSAVER/GASAVER) by the California Air Resources Board (CARB) is accepted nationally by the Environmental Protection Agency.

As you may know, section 203(a)(3)(A) of the Clean Air Act (Act), as amended, prohibits any person from removing or rendering inoperative any emission control device or element of design installed on or in a motor vehicle or motor vehicle engine prior to its sale and-delivery to an ultimate purchaser, and prohibits a dealer or manufacturer from knowingly removing or rendering inoperative any such device or element of-design after such sale and delivery and the causing thereof. The maximum civil penalty for a violation of this section is $10, 000

Section 2,03(a)(3)(B) of the Act prohibits fleet operators and persons engaged in the business of servicing, repairing, selling, leasing, or trading motor vehicles or motor vehicle engines from knowingly removing or rendering inoperative any emission control device or element of design installed on or in a motor vehicle or motor vehicle engine. After its sale and delivery to the ultimate purchaser and the causing thereof. The maximum civil penalty for a violation of this section is $2,500.

Mobile Source Enforcement Memorandum No. 1A (copy enclosed) sets out the policy of the Environmental Protection Agency (EPA) with regard to enforcement of the tampering prohibition in pertinent part as follows:

"1. Unless and until otherwise stated, the Environmental Protection Agency will not regard the following acts, when performed by a dealer, to constitute violations of section 203(a)(3) of the Act:

(b) Use of a non original equipment aftermarket part or system as an add-on, auxiliary, augmenting, or secondary part or system, if the dealer has a reasonable basis for... knowing that such use does not adversely affect emissions performance;

3. For purpose of clauses (lb) and (1c), a reasonable basis for knowing that a given act will not adversely affect emissions performance exists if:

(a) the dealer knows of emissions tests which have been performed according to testing procedures prescribed in 40 CFR 85 [now 40 CFR 861 showing that the act does not cause similar vehicles or engines to fail to meet applicable emission standards for their useful lives (5 years or 50,000 miles in the case of light-duty vehicles);or

(b) the part or system manufacturer represents in writing that tests as described in (a) have been performed with similar results; or

(c) a Federal, State or local environmental control agency expressly represents that a reasonable basis exists. (This provision is limited to the geographic area over which the State or local agency has jurisdiction.)"

The term "dealer" in Memorandum IA applies to new car dealers, fleet operators, and persons engaged in the business of servicing, repairing, selling, leasing, or trading motor vehicles or motor vehicle engines.

The Platinum FUELSAVER/GASAVER falls within category l(b) of the memorandum as ad-on, auxiliary, augmenting, or secondary part or system.. A person would not be regarded as violating the Federal tampering prohibition if he has a reasonable basis for knowing that the use of this system will not adversely affect emissions performance as described in paragraphs 3(a)-(c) of Memorandum 1A. EPA does not issue exemptions or approvals concerning the use of aftermarket products.