The opinion of the court was delivered by: KNAPP
WHITMAN KNAPP, SENIOR DISTRICT JUDGE
Once again before us is the case challenging the constitutionality of Section 416-a of New York's Vehicle and Traffic Law (McKinney 1986 & Supp. 1995) (hereinafter "the New York statute" or "the statute") which requires automobile manufacturers to disclose to consumers information regarding the "impact speed" at which the automobile's bumpers will sustain only "minimal damage." Plaintiffs Association of International Automobile Manufacturers, Inc. and American Automobile Manufacturers Association, Inc. ("plaintiffs") and defendants Dennis Vacco, as Attorney General of the State of New York, and Richard E. Jackson, Jr., as Commissioner of the Department of Motor Vehicles (hereinafter "defendants" or "the State"), have cross-moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on the question of whether or not the New York statute is expressly preempted by federal laws. Advocates for Highway and Auto Safety have filed an amicus curiae memorandum of law in support of defendants' motion. For the reasons that follow, plaintiffs' motion for summary judgment is granted.
In 1992, the State of New York enacted a statute prohibiting the sale or lease within the state of any passenger car that does not have a "bumper quality label" affixed to it. N.Y. Vehicle and Traffic Law § 416-a (McKinney's 1986 and Supp. 1995). Such label is required to state:
This vehicle is equipped with a front bumper that has been tested at an impact speed of (specified by vehicle manufacturer) miles per hour and a rear bumper that has been tested at an impact speed of (specified by vehicle manufacturer) miles per hour, and has sustained no damage to the vehicle's body and minimal damage to the bumper and attachment hardware. Minimal damage to the bumper means damage that can be repaired with the use of common repair materials and without replacing any parts. The stronger the bumper, the less likely the car will need repair after a low speed collision. § 416-a(1)
The statute further provides that "the impact speed required to be specified in the notice . . . is the maximum speed of impact upon the bumper of the vehicle at which the vehicle sustains no damage to the body and minimal damage to the bumper." § 416-a(2) (emphasis added).
Before the effective date of the statute, plaintiffs brought the instant action challenging the constitutionality of the statute.
Plaintiffs argued that the statute is unconstitutionally vague, preempted by the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. §§ 1381-1431 (1982 & Supp. 1994) ("the Safety Act"), and the Motor Vehicle Information and Cost Savings Act of 1972, 15 U.S.C. §§ 1901-2012 (1982 & Supp. 1994) ("the Cost Savings Act") (collectively "the federal Acts"), and that it imposed an undue burden on commerce. This opinion considers only the contention of preemption.
In a Memorandum and Order, dated November 14, 1994, we rejected plaintiffs' arguments and granted defendants' motion for summary judgment finding that the New York statute is not preempted by the federal Acts because it does not impose any minimum bumper-performance standards, but only requires disclosure of the bumper's ability to withstand damage. Association of International Automobile Manufacturers, Inc. v. Abrams (S.D.N.Y. 1994) 867 F. Supp. 248.
By opinion dated May 23, 1996, however, the Court of Appeals, disagreed with our construction of the scope of the statute and found that there was a question of fact as to whether or not it is preempted by the federal Safety Act and the Cost Savings Act. Accordingly, the Court vacated our grant of summary judgment in favor of defendants and remanded the case for further inquiry regarding the scope of the statute. Association of International Automobile Manufacturers, Inc. v. Abrams (2d Cir. 1996) 84 F.3d 602. Now before us are the parties' cross-motions for summary judgment limited to the question of whether or not the New York statute is expressly preempted by the federal Acts.
The federal Safety Act and the Cost Savings Act were enacted by Congress to balance automobile safety and cost concerns. Both expressly limit the states' authority to enact bumper-performance laws.
The current federal vehicle performance standard, set for at 49 C.F.R. §§ 581.1-581.7 (1993), requires that all motor vehicles meet specified damage criteria when impacted during "longitudinal impact" and "corner impact" tests at speeds of 1.5 miles per hour and at 2.5 miles per hour under specified conditions. As the Court of Appeals noted, the specified damage criteria expressly allows any and all damage to the front and rear bumper upon impact; "under the federal standard . . . it is permissible for the bumper itself to be destroyed." 84 F.3d at 609.
While the federal Acts do not impose any bumper performance requirement, the New York statute at issue requires disclosure of the maximum impact speed at which a motor vehicle's bumper will sustain only "minimal damage." In our original Memorandum and Order we rejected plaintiffs' claim of express preemption on the ground that the New York statute requires only information disclosure and that "it identifies neither a minimum standard for motor vehicle performance, nor a minimum performance standard." 867 F. Supp. at 253. By contrast, the federal Acts' express preemption provisions do not appear to cover disclosure but rather standards of performance.
The Court of Appeals, however, vacated the grant of summary judgment in favor of defendants concluding that "though the New York statute does not state a specific minimum performance requirement, it seems quite likely that some minimum level of performance is required." 84 F.3d at 611 (emphasis added). Specifically, the Court stated:
Though the State has at times suggested that [the statement of an impact speed] imposes no substantive performance burden on the manufacturer because the manufacturer can simply fill in "zero," that rationale is belied by the language of the statute itself. If the "speed" were zero, movement would be non-existent and there could not be ...