Interpretation ID: nht67-1.1

DATE: 01/16/67

FROM: William Haddon, Jr., M.D. -- NHTSA

TO: H. H. Brainerd - Pennsylvania Bureau of Traffic Safety

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of December 7, 1966, seeking clarification of questions posed by certain sections of the National Traffic and Motor Vehicle Safety Act of 1966.

Your first question seeks interpretation as to the time when standards established under former Public Law 87-637 (brake fluid) and Public Law 88-201 (seat belts) become effective. Subsection 117(c) of the Act, although repealing the foregoing Federal statutes, continues in effect any standards effectively issued under those laws "as if they had been effectively issued under section 103 until amended or revoked..." Therefore, the Federal brake fluid and seat belt standands issued by the Secretary of Commerce before September 9, 1966, have continued in effect since that date under authority of section 103 of the National Traffic and Motor Vehicle Safety Act of 1966. The proposed Federal safety standard 209 on seat belts, if issued, will effectively replace the existing Federal seat belt (l5 CFR 9) standard issued on June 25, 1965 (Federal Register July 1, 1965) and the amendment thereto issued August 1, 1966 (Federal Register August 31, 1966).

Your second question asks whether proposed Federal safety standard 109 supersedes the Pennsylvania Law requiring testing and certification of brake linings. Because the Federal standard in question has not been promulgated but only proposed, we are precluded from making any official statement of interpretation regarding its preemption of state laws. However, we very much appreciate your having brought this matter to our attention and you may be assured that it will be fully considered before the initial Federal safety standards are promulgated. Your question will no doubt be clarified at that time.

The remaining questions you have raised seek clarification on how your State may ascertain whether manufacturers of motor vehicle equipment, parts and components have complied with applicable Federal standards. We anticipate that the provisions of section 114 of the Act, which require every manufacturer or distributor of motor vehicle equipment to furnish a certification that each such item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards, will provide the States with suitable confirmation of compliance. We [Illegible Words) of course, that these provisions will need to be fully implemented at the Federal level by regulations and testing procedures.

I trust this reply will be of assistance to you and that the answered questions will be resolved when the initial standards are promulgated later this month. However, if I can be of further service to you, please do not hesitate to let me know.