Interpretation ID: aiam3270
Supervisor
Pupil Transportation
State of Missouri
P.O. Box 480
Jefferson City
MO 65102;
Dear Mr. Fitzmaurice: This responds to your recent letter asking whether the State o 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 Vehicles 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 vehicles 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 th limitation 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 requir further information, please contact Hugh Oates of my staff (202-426-2992); Sincerely, Frank Berndt, Chief Counsel