Interpretation ID: aiam2442
Supervisor
School Bus Inspection
The Commonwealth of Massachusetts
Registry of Motor Vehicle
100 Nashua Street
Boston
MA 02114;
Dear Mr. Mulhern: This responds to your June 29, 1976, question whether specific aspect of Massachusett's (sic) requirements for the construction, location, and size of fuel tanks in school buses would be preempted by the Federal requirements for school bus fuel system integrity that become effective April 1, 1977 (Standard No. 301-75, *Fuel System Integrity*). I regret that we have not responded to your questions sooner.; Section 103(d) of the National Traffic and Motor Vehicle Safety Ac (the Act) 15 U.S.C. S1392(d) does preempt State motor vehicle safety requirements of general applicability that are not identical to a Federal standard applicable to the same aspect of performance. In the cases you cite, it appears that the fuel tank seams and the location of the tank are items of design that are identical to the aspects of performance (integrity of the fuel system) regulated by the barrier impact test of Standard No. 301-75. It is the opinion of the NHTSA that these aspects of fuel system construction are preempted by Standard No. 301-75, effective April 1, 1977. In developing the performance requirements of the standard, the agency did not intend to regulate fuel tank size.; The second sentence of S103(d) clarifies that the limitation of safet regulations of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. Thus the Commonwealth of Massachusetts or its political subdivisions could specify additional fuel system features in the case of public school buses. The second sentence does not, however, permit those governmental entities to specify safety features that prevent the vehicle or equipment from complying with the applicable safety standards. A school bus manufacturer must continue to comply with all applicable standards.; Sincerely, Frank A. Berndt, Acting Chief Counsel