Interpretation ID: nht68-4.19

DATE: 09/19/68

FROM: AUTHOR UNAVAILABLE; Howard A. Heffron; NHTSA

TO: Government of the Virgin Islands of the United States

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 10 to the Federal Highway Administrator with reference to implementation of 19 C.F.R. S12.80, in the Virgin Islands.

You have informed us that your analysis of S12.80(b)(1) which begins "Any vehicle or equipment item offered for importation into the customs territory of the United States. . . ." leads you to believe that these regulations are not applicable to the Virgin Islands, which are not within the customs territory of the United States.

These regulations were issued jointly by the Department of the Treasury and the Department of Transportation pursuant to section 108 of the National Traffic and Motor Vehicle Safety Act of 1966. Section 102 (8) of this Act specifically includes the Virgin Islands in the definition of "State" so that the Act applies to the Islands. Since the Act applies, regulations issued under the Act also apply by their own force.

It is our understanding that these regulations have been implemented in AmericanSamoa and Guam, also outside the customs territory of the United State by Executive Order of the respective governors. We believe that Governor Palewonsky should do the same, substituting the word "Virgin Islands" for "customs territory", and an Island enforcement agency in lieu of the Bureau of Customs, and making such other minor changes as appear called for by local conditions. The alternative, of course, is for the Secretary of Transportation to issue a separate set of regulations applicable only to the Virgin Islands.

We would appreciate knowing what action will be taken by Governor Paiswonsky, and which Island agency will be responsible for enforcing the regulations.