Interpretation ID: nht90-2.76

TYPE: INTERPRETATION-NHTSA

DATE: 06/08/90

FROM: JOSEPH R. WHEELER -- CORNELIUS AND COLLINS

TO: KEN WEINSTEIN -- OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/14/90 FROM PAUL JACKSON RICE -- NHTSA TO JOSEPH R. WHEELER; A35, STANDARD 208

TEXT: As we discussed this morning, I have made an inquiry with your agency concerning action by the Secretary of Transportation pursuant to 49 CFR @ 571.208 S4.1.5.1 (1987). As you know, under this provision, automobile manufacturers would have three options with regard to passenger restraint systems if the Secretary of Transportation determined, by not later than April 1, 1989, that 2/3 of the total U.S. population was subject to mandatory state usage laws.

As I told you, the original version of Tennessee's MUL contained a self-nullifying provision, Tenn. Code Ann. @ 55-9-609, a copy of which is attached for your information.

As you told me, the Secretary of Transportation never made the determination provided for in S4.1.5.1. I would like a brief statement from your agency which simply confirms that this action was never taken by the Secretary of Transportation, and that , therefore, Tennessee's population was never counted. I am not requesting any opinion from your office concerning the effect of this statutory provision, or the legal effect of the fact that the Secretary never made the determination in question.

As we discussed, this letter is needed for a filing which must be made no later than June 15, 1990. Therefore, I would request that you send your original reply federal express or overnight mail to me early in the week. We will be more than happy to reimburse your agency for the overnight mail expenses, and I certainly appreciate your prompt attention and assistance with this response.

I look forward to hearing from you.

Sincerely,

Joseph R. Wheeler [TENNESSEE PROVISION CODE]

55-9-609. Legislative intent [Repealed effective June 30, 1990]. -- (a) It is the legislative intent that the passage of Acts 1986, ch. 866 shall include the population of this state towards the required percentage of persons necessary to avoid fede ral regulations mandating the imposition of any federally imposed safety device or regulation pertaining thereto.

(b) The provisions of @@ 55-9-603 -- 55-9-610 shall be null and void if the United States secretary of transportation does not include Tennessee within the population necessary to prevent the requirement that air bags be required in motor vehicles pur suant to federal regulations. [Acts 1986, ch. 866, @@ 9, 14.]

Compiler's Notes. For repeal of this section on June 30, 1990, see @ 55-9-610.

For codification of Acts 1986, ch. 866, see the Session Law Disposition Tables.