[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Notices]
[Pages 69358-69359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33225]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4862]
Decision that Nonconforming 1987-1989 Saab 900 S Passenger Cars
are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1987-1989 Saab
900 S passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1987-1989
Saab 900 S passenger cars not originally manufactured to comply with
all applicable Federal motor vehicle safety standards are eligible for
importation into the United States because they are substantially
similar to vehicles originally manufactured for importation into and
sale in the United States and certified by their manufacturer as
complying with the safety standards (the U.S. certified version of the
1987-1989 Saab 900 S), and they are capable of being readily altered to
conform to the standards.
DATE: This decision is effective December 16, 1998.
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 shall be refused admission into the United
States unless NHTSA has decided 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.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period,
[[Page 69359]]
NHTSA decides, on the basis of the petition and any comments that it
has received, whether the vehicle is eligible for importation. The
agency then publishes this decision in the Federal Register.
Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')
(Registered Importer 90-009) petitioned NHTSA to decide whether 1987-
1989 Saab 900 S passenger cars are eligible for importation into the
United States. NHTSA published notice of the petition under Docket No.
NHTSA-98-4083 on July 24, 1998 (63 FR 39928) to afford an opportunity
for public comment. The reader is referred to that notice for a
thorough description of the petition.
One comment was received in response to the notice of the petition,
from Saab Cars USA, Inc. (``Saab''), the United States representative
of the vehicles' manufacturer. In this comment, Saab stated that the
petition contained inaccuracies with regard to the compliance of non-
U.S. certified 1987-1989 Saab 900 S with certain of the Federal motor
vehicle safety standards. In particular, Saab noted that a center high
mounted stop lamp would have to be installed on the vehicles to comply
with Standard No. 108, Lamps, Reflective Devices, and Associated
Equipment. Additionally, Saab stated that the driver's side rearview
mirror would have to be replaced with a planar U.S.-model component to
comply with Standard No. 111, Rearview Mirrors. Saab also stated that
the manufacturer locks the transmission shift mechanism as opposed to
the steering to achieve compliance with Standard No. 114, Theft
Protection. Saab further disputed the petitioner's claim that there
would be any need for modifications to achieve compliance with Standard
No. 118 Power Window Systems, as all Saabs produced worldwide are wired
so that the window transport is inoperative when the ignition is
switched off. With respect to Standard No. 208, Occupant Crash
Protection, Saab contended that certain non-U.S. certified 1987-1989
Saab 900 S hatchbacks were equipped with motorized shoulder belts that
could not be easily retrofitted on non-U.S. certified versions of those
vehicles. Saab noted, however, that this equipment was installed on
only a portion of its 1987-1989 Saab 900 S hatchback production, and
not on other configurations of the vehicle.
NHTSA accorded Champagne an opportunity to respond to Saab's
comment. In its response, Champagne stated that a center high mounted
stop lamp will be installed on non-U.S. certified 1987-1989 Saab 900 S
passenger cars to comply with Standard No. 108. Additionally, Champagne
stated that it will install a U.S.-model driver's side rearview mirror
to comply with Standard No. 111. Champagne additionally conceded that
Saab locks the transmission shift mechanism to achieve compliance with
Standard No. 114, and that the vehicles meet this standard as produced
from the factory. Additionally, Champagne acknowledged there is no need
to modify non-U,S. certified 1987-1989 Saab 900 S passenger cars to
achieve compliance with Standard No. 118 because all such vehicles
comply with that standard as produced from the factory. With respect to
Standard No. 208, Champagne contends that the vehicles it intends to
import meet that standard as equipped from the factory. Champagne
agrees that reinforcing beams necessary to comply with Standard No. 214
are already installed in non-U.S. certified 1987-1989 Saab 900 S
passenger cars. Additionally, Champagne acknowledges that there is no
need to install a rollover valve to achieve compliance with Standard
No. 301. Finally, Champagne acknowledges that non-U.S. certified 1987-
1989 Saab 900 S passenger cars are in compliance with the theft
Prevention Standard in 49 CFR Part 541 because they are marked with the
required VIN numbers prior to importation.
NHTSA believes that Champagne's response adequately addresses the
issues that Saab has raised regarding the petition. NHTSA further notes
that Saab has not contended that non-U.S. certified 1987-1989 Saab 900
S passenger cars are incapable of being readily altered to comply with
applicable motor vehicle safety standards, and that the modifications
described by Champagne, which have been performed with relative ease on
thousands of motor vehicles imported over the years, would not preclude
non-U.S. certified 1987-1989 Saab 900 S passenger cars from being found
capable of being so altered. NHTSA has accordingly decided to grant the
petition.
Vehicle Eligibility Number for Subject Vehicles
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.
VSP-270 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that non-U.S. certified 1987-1989 Saab 900 S passenger cars are
substantially similar to 1987-1989 Saab 900 S passenger cars originally
manufactured for importation into and sale in the United States and
certified under 49 U.S.C. 30115, and are capable of being readily
altered to conform to all applicable Federal motor vehicle safety
standards.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: December 10, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-33225 Filed 12-15-98; 8:45 am]
BILLING CODE 4910-59-P
