Interpretation ID: aiam2655
Assistant to the President
U-Haul International
2727 North Central Avenue
Phoenix
AZ 85036;
Dear Mr. Kelley: This is in response to your letter of August 8, 1977, concerning th language in Title I of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) stating that 'to the maximum extent practicable, a bumper standard promulgated by the Secretary shall not preclude the attachment of detachable hitches.' In your letter you refer to correspondence dated May 5, 1976, on the same subject. I regret that due to an administrative oversight that letter was not answered.; In your letter you expressed your opinion that Congress intended i Title I to place an affirmative obligation on the National Highway Traffic Safety Administration (NHTSA) to ensure that vehicles are produced with bumpers that can accommodate detachable bumper hitches. The main support offered for your position is a comment by Congressman William Springer made at the time the conference bill was presented to the full House of Representatives. Mr. Springer's statement was that 'bumpers should be practicable and allow for the use of bumper hitches, that is, the hitches that you use to hook something else behind the automobile.' It appears that you have interpreted Mr. Springer's statement as indicating an intent that the bumper standard ultimately promulgated require that bumpers be designed to accommodate detachable bumper hitches.; Having reviewed the legislative history of Title I, I must disagre with your position. Congress was explicit in its direction that the agency express any bumper standard in minimum performance terms so as to allow the industry to make full use of its technological resources in devising a means of complying with the requirements. This mandate has been fulfilled by the agency. Part 581, *Bumper Standard*, provides that a vehicle be capable of meeting the specified damage criteria when involved in 5 mph impacts with a pendulum test device and a fixed barrier. Manufacturers are free to satisfy that performance level in whatever manner they choose. That manufacturing freedom would be compromised were the agency to require the production of vehicles with bumper systems suitable for detachable bumper hitches. Such a result would clearly be contrary to Congress' Title I directive.; With regard to the contracts with Calspan and Minicars, the vehicle developed under those programs are not required by law to satisfy a particular set of safety criteria. Under those contracts vehicles that meet high levels of safety, damage-resistibility, and fuel economy are to be developed. Accommodation of detachable bumper hitches is not a factor in any of those areas of concentration.; I want to assure you that the NHTSA shares your interest in providin the public with a means to tow. Our actions under Title I preserve the ability of manufacturers to produce bumper systems that continue to satisfy that public need.; Sincerely, Joan Claybrook