97-793. Notice of Tentative Decision That Nonconforming 1986 Daimler Limousines Are Eligible for Importation  

  • [Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
    [Notices]
    [Pages 1804-1805]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-793]
    
    
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    DEPARTMENT OF TRANSPORTATION
    [Docket No. 96-127; Notice 1]
    
    
    Notice of Tentative Decision That Nonconforming 1986 Daimler 
    Limousines Are Eligible for Importation
    
    AGENCY: National Highway Traffic Safety Administration, DOT.
    
    ACTION: Request for comments on tentative decision that nonconforming 
    1986 Daimler Limousines are eligible for importation.
    
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    SUMMARY: This notice requests comments on a tentative decision by the 
    National Highway Traffic Safety Administration (NHTSA) that a 1986 
    Daimler Limousine that was not originally manufactured to comply with 
    all applicable Federal motor vehicle safety standards is eligible for 
    importation into the United States because it has safety features that 
    comply with, or are capable of being altered to comply with, all such 
    standards.
    
    DATES: The closing date for comments on this tentative decision is 
    February 12, 1997.
    
    FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
    Safety Compliance, NHTSA (202-366-5306).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
    originally manufactured to conform to all applicable Federal motor 
    vehicle safety standards (FMVSS) shall be refused admission into the 
    United States unless NHTSA has decided, either pursuant to a petition 
    from the manufacturer or registered importer or on its own initiative, 
    that the motor vehicle is substantially similar to a motor vehicle 
    originally manufactured for importation into and sale in the United 
    States, certified under 49 U.S.C. 30115, and of the same model year as 
    the model of the motor vehicle to be compared, and is capable of being 
    readily altered to conform to all applicable Federal motor vehicle 
    safety standards. Where there is no substantially similar U.S.-
    certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a 
    nonconforming motor vehicle to be admitted into the United States if 
    its safety features comply with, or are capable of being altered to 
    comply with, all applicable Federal motor vehicle safety standards 
    based on destructive test data or such other evidence as NHTSA decides 
    to be adequate.
        On May 9, 1996, NHTSA received from Champagne Imports, Inc. of 
    Lansdale, Pennsylvania (``Champagne'') (Registered Importer No. 90-009) 
    a petition to decide whether a 1987 Daimler Limousine that was not 
    originally manufactured to comply with all applicable Federal motor 
    vehicle safety standards is eligible for importation into the United 
    States. Champagne contended that this vehicle is eligible for 
    importation under 49 U.S.C. 30141(a)(1)(A), on the basis that it is 
    substantially similar to a 1985 Daimler Limousine that NHTSA determined 
    to be eligible for importation through a notice published on July 20, 
    1992 at 57 FR 32051.
        After reviewing the petition, NHTSA informed Champagne that the 
    petition could not receive further consideration because the 
    ``substantially similar'' vehicle it identified was not originally 
    manufactured for import into and sale in the United States, as required 
    under 49 U.S.C. 30141(a)(1)(A)(i), and was not of the same model year 
    as the vehicle that was sought to be imported, as required under 49 
    U.S.C. 30141(a)(1)(A)(iii). In light of these circumstances, NHTSA 
    advised Champagne to modify its petition to request that the vehicle be 
    determined eligible for importation under 49 U.S.C. 30141(a)(1)(B), on 
    the basis that its safety features comply with, or are capable of being 
    altered to comply with, all applicable Federal motor vehicle safety 
    standards.
        Although Champagne did not formally modify the petition, it did 
    submit to NHTSA a copy of a letter from Jaguar Cars (Jaguar), the 
    United States representative of Jaguar Cars, Ltd., the vehicle's 
    manufacturer. This letter identified the vehicle that Champagne seeks 
    to import as, in actuality, a 1986 Daimler Limousine, and enumerated 
    the Federal motor vehicle safety standards that the vehicle does not 
    meet. Those are Standard Nos. 103 Windshield Defrosting and Defogging 
    Systems, 104 Windshield Wiping and Washing Systems, 108 Lamps, 
    Reflective Devices, and Associated Equipment, 110 Tire Selection and 
    Rims, 114 Theft Protection, 202 Head Restraints, 203 Impact Protection 
    for the Driver from the Steering Control System, 205
    
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    Glazing Materials, 208 Occupant Crash Protection, 209 Seat Belt 
    Assemblies, 210 Seat Belt Assembly Anchorages, and 301 Fuel System 
    Integrity. Additionally, Jaguar stated that the vehicle does not meet 
    the vehicle identification number requirements of 49 CFR part 565, or 
    the Bumper Standard, found at 49 CFR part 581.
        Champagne submitted to NHTSA an additional letter, from the Jaguar 
    Daimler Heritage Trust of Coventry, England, stating that the vehicle 
    it seeks to import was hand built, and of a type produced by Jaguar 
    Cars Ltd. until 1992. This letter also stated that although there were 
    ``small external cosmetic changes'' from vehicle to vehicle, ``the 
    external shape, style, engine, gearbox, and chassis of the car all 
    remained the same throughout its production build.'' Moreover, the 
    letter provided confirmation that a Daimler Limousine built in 1986 
    ``would be no different than a similar car which was built in 1985 
    apart from any optional extras which may have been ordered * * *.''
        Based on the information from the Jaguar Daimler Heritage Trust 
    indicating that Daimler Limousines are in all essential respects 
    identical from model year to model year, and NHTSA's prior 
    determination that a 1985 Daimler Limousine is eligible for 
    importation, NHTSA has tentatively decided that the 1986 Daimler 
    Limousine that is the subject of Champagne's petition is eligible for 
    importation.
    
    Tentative Decisions
    
        NHTSA hereby tentatively decides that a 1986 Daimler Limousine that 
    was not originally manufactured to comply with all applicable Federal 
    motor vehicle safety standards is eligible for importation into the 
    United States because it has safety features that comply with, or are 
    capable of being altered to comply with, those standards.
    
    Vehicle Eligibility Number
    
        The importer of a vehicle admissible under any final decision must 
    indicate on the form HS-7 accompanying entry the appropriate vehicle 
    eligibility number indicating that the vehicle is eligible for entry. 
    If this tentative decision is made final, all vehicles admissible under 
    that decision will be assigned vehicle eligibility no. VCA-1.
    
    Comments
    
        Section 30141(b) of Title 49, U.S. Code requires NHTSA to provide a 
    minimum period for public notice and comment on decisions made on its 
    own initiative consistent with ensuring expeditious, but full 
    consideration and avoiding delay by any person. NHTSA believes that a 
    minimum comment period of 30 days is appropriate for this purpose. 
    Interested persons are invited to submit comments on the tentative 
    decision described above. It is requested, but not required, that five 
    copies be submitted.
        All comments received before the close of business on the closing 
    date indicated above will be considered, and will be available for 
    examination in the docket at the above address both before and after 
    that date. To the extent possible, comments filed after the closing 
    date will also be considered. Notice of NHTSA's final decision will be 
    published in the Federal Register pursuant to the authority indicated 
    below.
    
        Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
    delegation of authority at 49 CFR 1.50.
    
        Issued on: January 8, 1997.
    Ricardo Martinez, M.D.,
    Administrator.
    [FR Doc. 97-793 Filed 1-10-97; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
01/13/1997
Department:
Transportation Department
Entry Type:
Notice
Action:
Request for comments on tentative decision that nonconforming 1986 Daimler Limousines are eligible for importation.
Document Number:
97-793
Dates:
The closing date for comments on this tentative decision is February 12, 1997.
Pages:
1804-1805 (2 pages)
Docket Numbers:
Docket No. 96-127, Notice 1
PDF File:
97-793.pdf