Interpretation ID: nht91-3.49

DATE: May 10, 1991

FROM: Rosemary Dunlap -- President, Motor Voters

TO: Jack Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 6-10-91 from Paul Jackson Rice to Rosemary Dunlap (A38; VSA 103D)

TEXT:

As you know, some states are considering disclosure bills concerning safety features in LTVs and bumper strength.

There is considerable debate over the question of states' rights to require disclosure. Opponents of the bills argue there is a federal preemption. Proponents disagree, and cite various legal opinions.

To counter those opinions, opponents have represented that a NHTSA spokesperson indicated that states are federally preempted in this area. However, we have been unable to ascertain the identify of this spokes- person, or the exact nature of what may have been said.

To clarify matters solely with regard to NHTSA, would your office please state for the record whether or not NHTSA has an official opinion regarding federal preemption and disclosure, and if it does, what that opinion is?

I certainly appreciate your kind assistance with this matter.