Interpretation ID: aiam2729
4551 LaSalle Avenue
Alexandria
VA 22304;
Dear General Richardson: This is in response to your letter of December 12, 1977, concerning th preemption of State bumper standards by the Federal bumper standard (49 CFR Part 581, *Bumper Standard*).; Section 110 of the Motor Vehicle Information and Cost Savings Act (Pub L. 92-513) states that, until a Federal bumper standard takes effect, State bumper standards which were either in effect or promulgated prior to the effective date of the Act, shall be permitted to remain in force. Once the Federal bumper standard (Part 581) becomes effective, however, all State bumper standards applicable to the same aspect of performance as the Federal standard will be preempted.; Currently, the mandatory date for implementation of Part 581 i September 1, 1978. However, on June 20, 1977, the National Highway Traffic Safety Administration published a Federal Register notice (42 FR 31162) giving manufacturers the discretion to begin meeting the provisions of Part 581 prior to September 1, 1978. Once a manufacturer makes a decision to meet Part 581, it no longer has a responsibility to meet the currently effective bumper requirements of Standard No. 215, *Exterior Protection*. For such a manufacturer Part 581 would have taken effect and it would be obliged to meet the performance level the standard prescribes.; For purposes of preemption, once a manufacturer elects to meet th requirements of Part 581, that standard is in effect as to that manufacturer, and any State bumper standard applicable to the same aspect of performance as Part 581 is preempted as it applies to the vehicles he manufacturers.; Part 581 would not, however, be considered effective as to vehicle which continue to meet only the requirements of Standard 215. State bumper standards, thus, would not be preempted for purposes of application to those vehicles. Of course, all State bumper standards applicable to the same aspect of performance as Part 581 will be totally preempted after September 1, 1978, since at that time Part 581 becomes effective for all passenger cars.; Sincerely, Joseph J. Levin, Jr., Chief Counsel