Interpretation ID: nht95-3.45

TYPE: INTERPRETATION-NHTSA

DATE: July 13, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Douglas Miyashiro -- Northrop Grumman

TITLE: NONE

ATTACHMT: ATTACHED TO 6/22/95 LETTER FROM DOUGLAS MIYASHIRO TO DOROTHY NAKAMA (OCC 11011)

TEXT: Dear Mr. Miyashiro:

This is in response to a memo dated June 22, 1995 that you faxed to Coleman Sachs of my staff on July 12, 1995. Your memo states that Northrup Grumman's System Engineering Department is defining design requirements for an Advance Technology Transit Bus (ATTB), and, as part of that effort, researching whether the Federal Bumper Standard found in 49 CFR Part 581 would apply to such vehicles.

As noted in your memo, 49 CFR 581.3 states that the standard "applies to passenger motor vehicles other than multipurpose passenger vehicles." The standard itself does not define the term "passenger motor vehicle," but does state, in section 581.4, that "all terms defined in the Motor Vehicle Information and Cost Savings Act . . . are used as defined therein." Section 2(1) of that Act (now codified at 49 U.S.C. @ 32101(10)), defines "passenger motor vehicle" as "a motor vehicle with motive power, design ed for carrying twelve persons or less . . ."

In light of this definition, the ATTB would not have to comply with the Bumper Standard unless it is designed to carry twelve persons or less.

If you have any further questions regarding this issue, feel free to contact Mr. Sachs at the above address, or by telephone at (202) 366-5238.