Interpretation ID: nht88-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 05/19/88

FROM: RAYMOND M. MOMBOISSE -- IMMIGRATION AND NATURALIZATION SERVICE GENERAL COUNSEL

TO: BWAYNE VANCE -- DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/18/88 FROM ERICA Z JONES TO RAYMOND M MOMBOISSE; REDBOOK A32; 571.7 (A) SECTION 101(3)

TEXT: Dear Mr. Vance:

We request a waiver from the National Highway Traffic Safety Administration, Department of Transportation (DOT), exempting the Hummer vehicle from the Federal Motor Vehicle Safety Standards (FMVSS) when purchased directly from the manufacturer, AM Genera l Corporation. We are requesting a waiver on behalf of the Border Patrol.

The Hummer is a four-wheel drive vehicle currently manufactured by AM General Corporation for the U.S. Army. The Border Patrol intends to use Hummers to fulfill our traditional and expanded law enforcement missions, especially in the area of drug interd iction. The Hummer's high performance level will give Border Patrol a distinct advantage both in high-speed cross-country pursuits of drug or alien smugglers, and in routine patrolling.

Border Patrol's fleet of about 3,000 vehicles includes nearly 1,500 four-wheel drive vehicles. The Border Patrol currently has about five Hummers, and hopes to purchase approximately 100 Hummers over the next two years.

There are three main reasons why we are requesting a waiver from DOT. The main reason is that we wish to enhance the Hummer with a central tire inflation system (CTI) which can only be done by AM General Corporation as an assembly line item. Secondary reasons are that the Hummer will only be used on public highways approximately 30% of the time, and that buying directly from AM General Corporation will save about $ 5,000 per vehicle. Each reason will be developed below.

The major reason for requesting a waiver is that we need to modify the Hummers to include a CTI. The CTI is a patented feature only available as an assembly line item from AM General Corporation.

The CTI works simply and effectively. The CTI allows the driver to individually and quickly adjust tire pressures while traveling. The ability to adjust quickly tire pressures enhances

control over tire traction and therefore increases vehicle stability. For example, the tire pressures could be adjusted from 10 to 16 psi for typical off-road use over rough terrain. The tire pressures can also be raised from 20 to 24 psi for dirt roads to indirectly increase vehicle speed. The tire pressures can be increased to 32 psi for highway use.

The CTI is critical to carry out our law enforcement missions, both in terms of the types of terrain and conditions covered, and the range of topography within each type of terrain and conditions. Many of the areas patrolled by Border Patrol are inacces sible by commercially-available four-wheel drive vehicles. However, the performance characteristics of the Hummer as modified to include the CTI enables the Hummer to travel over these varied terrains, conditions and topographies.

The Border Patrol routinely patrols eight thousand miles of extremely varied types of terrain and conditions on the United States borders with Mexico and Canada. The terrain and conditions range from deserts to rocks to deep snow to forests.

In addition, the topography and conditions within each type of terrain vary enormously. For example, a typical mountain terrain may have greatly varying topographies or conditions requiring the following unique vehicle characteristics:

1. the ability to ascend or decent a 60% grade, including stopping and restarting on the grade;

2. the ability to traverse a 40% side slope;

3. the ability to negotiate a twenty-two inch vertical step from a complete stop;

4. the ability to ford a thirty inch stream of fresh water or salt water; and

5. the ability to clear the ground by eighteen inches with an approach angle of 60 degrees and a departure angle of 45 degrees.

The high performance characteristics of a fully-equipped Hummer with a payload of 3,500 pounds easily accommodate these varied terrains, conditions, and topographies.

The Hummers will only be used on public highways approximately 30% of the time. The Hummers will generally only be used on public highways to travel between stations and assigned duty areas. Thus, the Hummers use on public highways will be relatively mi nimal.

The Border Patrol's existing Hummers were first purchased by the U.S. Army pursuant to a contract and are in conformity with the specifications. Since the U.S. Army is now selling these vehicles to the Border Patrol, the vehicles are now used military v ehicles. Per 49 C.F.R. Sec. 571. 7(a) and (1), these Hummers are not subject to the DOT FMVSS.

However, purchasing the Hummers directly from the manufacturer will reduce the total cost by about $ 5,000 per vehicle. Vehicles purchased from the U.S. Army are more expensive because the amortized development costs are spread through the contract term . If we purchase the 100 Hummers we hope to purchase, then buying directly from the manufacturer will save the Border Patrol a total of approximately $ 500,000.

Please contact Elizabeth M. Jarrell at (202) 633-1260 upon receipt of our requests. Thank you.