Interpretation ID: nht90-1.36

TYPE: Interpretation-NHTSA

DATE: February 2, 1990

FROM: Donald C.J. Gray -- Commissioner, General Services Administration, Federal Supply Service

TO: Barry Felrice -- Associate Administrator for Rulemaking, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8-31-90 from P.J. Rice to D.C.J. Gray (A36; Part 571.7(c))

TEXT:

The purpose of this letter is to request a deviation from the regulatory provisions of the Federal Motor Vehicle Safety Standards as they apply to school buses procured by the General Services Administration (GSA) for use solely by the Department of the Army. An exception to the standards is provided by 49 CFR 571.7(c) for vehicles or items of equipment manufactured for and sold directly to the Armed Forces of the United States in conformity with contractual specifications. For the reasons stated belo w, we request that this provision be extended to the GSA Interagency Fleet Management System (IFMS) for scbool buses specifically acquired for the sole use of the Army, thereby granting a deviation from the Federal Motor Vehicle Safety Standards otherwis e applicable to such procurements.

In 1985, the Army began a program to consolidate approximately 45,000 nontactical vehicles into the GSA IFMS. The program is fifty percent complete, and, as a result, the IFMS is now responsible for purchasing and leasing vehicles for the sole use of th e Department of the Army.

Prior to consolidation, the above cited provision permitted the Army to acquire vehicles manufactured to satisfy multiuse requirements. The Army acquired school buses equipped with seating designed for adults, and painted in a color other than school bu s yellow. The Army buses were utilized for their primary mission of troop movement, and, as needed, for transporting military dependents to and from school. Because 49 CFR 571.7(c) makes the standards inapplicable to vehicles manufactured for and sold directly to the Armed Forces, the Army avoided the cost of a second bus specifically designed for use by school children.

For the Government to continue to realize this cost avoidance, a deviation must be granted from the Federal Motor Vehicle Safety Standards for vehicles or items procured by the GSA IFMS for use solely by the Army. This deviation would thereby extend the exception of 49 CFR 571.7(c) to permit the Department of the Army to use GSA IFMS supplied buses for both adults and school children.

If we may provide any assistance or further information concerning this request, please contact Mr. Sean Allan of the Fleet Management Division on 557-1278.