Interpretation ID: nht80-2.26

DATE: 04/30/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: State of Missouri

TITLE: FMVSS INTERPRETATION

TEXT:

APR 30 1980 NOA-30

Mr. Woody Fitzmaurice Supervisor, Pupil Transportation State of Missouri P.O. Box 480 Jefferson City Missouri 65102

Dear Mr. Fitzmaurice:

This responds to your recent letter asking whether the State of Missouri has authority under Federal law to specify location requirements for fuel tanks on school buses.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1392(d)) preempts, with one exception, State motor vehicle safety standards of general applicability that are not identical to a Federal safety standard governing the same aspect of motor vehicle performance. Thus, Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity (49 CFR 571.301), would preempt State requirements of general applicability governing the same aspect of performance as Standard No. 301. The specification of tank location in the Missouri requirements is intended to insure the integrity of the vehicle fuel system and, therefore, would be regarded by the agency as relating to the same aspect of performance as the barrier impact tests of Standard No. 301. In developing the performance requirements of the standard, the agency did not intend to regulate the location of fuel tanks.

The second sentence of section 103(d) of the Act clarifies that the limitation on State safety regulations of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. Thus, the State of Missouri or its political subdivisions such as the Board of Education could specify additional fuel system requirements, such as tank location, in the case of public school buses, but not in the case of commercial buses. The State requirements are not permitted, however, to prevent the school bus or equipment from complying with applicable safety standards. Therefore, the school bus manufacturer would have to comply with Safety Standard No. 301 regardless of the State requirements.

I hope this has answered all of your questions. However, if you require further information, please contact Hugh Oates of my staff (202-426-2992)

Sincerely,

Frank Berndt Chief Counsel

April 2, 1980

Office of Chief Counsel National Highway Traffic Safety Administration ATTENTION: Mr. Hugh Oates NOA-30 400 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Oates:

The State Board of Education has statutory authority, in Missouri, to make manufacturing specifications for school buses. The Department of Elementary and Secondary Education, the administrative arm of the State Board of Education, has always required that fuel tanks be placed on the right outside frame rail of the chassis. In our review of Federal Safety Standard 301 we found no mention of placement; however, we did find, in one preamble, that it might be construed that states would not have the authority to require placement of the fuel tanks in a specific location.

We would appreciate a more detailed and thorough explanation as to where the authority lies. You may or may not be aware that during the first week of May the National Conference on School Bus Specifications will be held and your reply will be used at this meeting.

Thanking you in advance,

Sincerely,

Woody Fitzmaurice, Supervisor Pupil Transportation

WF:pc

cc: Bruce McGuire National Highway Traffic Safety Administration Bob Burgess Missouri Division of Highway Safety