Interpretation ID: aiam2278
Staff
Safety
Nissan Motor Co.
Ltd.
560 Sylvan Avenue
Englewood Cliffs
New Jersey 07632;
Dear Mr. Iinuma: This is in response to your letter of March 17, 1976, inquiring as t the date on which a manufacturer will no longer have to comply with State bumper standard relating to property damage. According to section 110 od the Motor Vehicle Information and Cost Savings Act (Pub L. 92-513) once a Federal bumper standard takes effect 'no State of political subdivision thereof shall have any authority to establish or enforce with respect to any passenger motor vehicle or passenger motor vehicle equipment offered for sale any bumper standard which is not identical to' the Federal standard. The Part 581 bumper standard becomes effective September 1, 1978. As of that date, it preempts any State bumper standard which is not identical. Even though the standard becomes effective in stages, on September 1, 1978 (S5.1) and September 1, 1979 (S5.2), the preemptive effect is complete on the earlier date, September 1, 1978. Thus, a vehicle manufactured on or after September 1, 1978, and before September 1, 1979, will not have to meet a State standard, even though the State Standard may be identical to the requirements of the Federal standard that become effective on September 1, 1979.; The National Highway Traffic Safety Administration proposed on Marc 12, 1976, to allow manufacturers to comply with the requirements of Part 581 before the mandatory September 1, 1978, effective date. If this proposal becomes final, any manufacturer who chooses to comply early with Part 581 and properly certifies his compliance will not be required to satisfy any non-identical State bumper standard. For purposes of that manufacturer, the Part 581 Federal bumper standard will be in effect.; Sincerely, Frank Berndt, Acting Chief Counsel