[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Notices]
[Pages 21531-21532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11786]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-39; Notice 1]
Notice of Tentative Decision That Certain Nonconforming Vehicles
Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Request for comments on tentative decision that certain
nonconforming vehicles 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 certain
motor vehicles that are certified as complying with Canadian Motor
Vehicle Safety Standard No. 208, Occupant Restraint Systems, but do not
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
Occupant Crash Protection, are nevertheless eligible for importation
into the United States because (1) they are substantially similar to
vehicles that were originally manufactured for sale in the United
States and that were certified by their manufacturers as complying with
the safety standards, and (2) they are capable of being readily altered
to conform to FMVSS No. 208.
DATES: The closing date for comments on this tentative decision is June
10, 1996.
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section
108(c)(3)(A)(i) of the National Traffic and Motor Vehicle Safety Act
(15 U.S.C. Sec. 1381 et seq.) (the Act)), 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. Sec. 30115 (formerly section 114 of
the Act), 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.
On August 13, 1990, NHTSA published a Federal Register notice at 55
FR 32988 announcing that it had made a final determination on its own
initiative that certain motor vehicles that are certified by their
original manufacturer as complying with all applicable Canadian motor
vehicle safety standards (CMVSS) are eligible for importation into the
United States under the precursor to 49 U.S.C. Sec. 30141(a)(1)(A). As
identified in the notice, the Canadian-certified vehicles determined to
be eligible for importation include:
All passenger cars manufactured on or after September 1, 1989
which are equipped by their original manufacturer with an automatic
restraint system that complies with Federal Motor Vehicle Safety
Standard
[[Page 21532]]
(FMVSS) No. 208, Occupant Crash Protection.
The notice explained that NHTSA had examined the CMVSS and found
that, in most essential respects, they are identical to the FMVSS, and
that the most significant difference between the two sets of standards
concerned occupant protection requirements. NHTSA noted that CMVSS No.
208, Occupant Restraint Systems, does not require a passenger car to be
equipped with automatic restraints, in contrast to FMVSS No. 208,
Occupant Crash Protection, which requires automatic restraints in front
designated seating positions for all passenger cars manufactured on and
after September 1, 1989. Owing to this difference, and the agency's
uncertainty that Canadian-certified vehicles could be retrofitted with
automatic restraint systems, NHTSA limited its eligibility
determination to passenger cars manufactured before September 1, 1989,
or those manufactured on or after that date that are equipped by their
original manufacturer with an automatic restraint system that complies
with FMVSS No. 208.
The notice observed that in the absence of a determination by NHTSA
on its own initiative, any manufacturer or registered importer could
petition the agency to determine whether a vehicle requiring the
installation of an automatic restraint system to comply with FMVSS No.
208 was eligible for importation into the United States. In the ensuing
years, NHTSA has received, and granted, a number of petitions from
registered importers seeking import eligibility decisions on vehicles
requiring the installation or replacement of automatic restraint
systems to comply with FMVSS No. 208. These petitions were granted on
the basis of information demonstrating that automatic restraints could
be installed in the subject vehicles without the need for significant
structural modifications that would render those vehicles incapable of
being readily altered to conform to the standards, and therefore
ineligible for importation under the criteria specified in 49 U.S.C.
Sec. 30141(a)(1)(A).
Through its monitoring of vehicle imports, NHTSA has identified the
vehicles listed in the annex to this notice as ones that have been
recently imported into the United States from Canada that do not meet
the requirements of FMVSS No. 208 because they lack an automatic
restraint system at both outboard front seating positions. These
vehicles are certified by their original manufacturers as complying
with all applicable CMVSS. In order to develop a realistic enforcement
policy concerning these vehicles, and to determine whether to allow
future importations of similar vehicles, NHTSA is soliciting comments
through this notice on whether the vehicles listed in the annex are
capable of being readily altered to comply with FMVSS No. 208.
Tentative Decisions
Pending its review of any comments submitted in response to this
notice, NHTSA hereby tentatively decides that each of the passenger
cars listed in the annex to this notice is substantially similar to a
passenger car originally manufactured for sale in the United States,
certified under 49 U.S.C. Sec. 30115, and of the same model year, and
is capable of being readily altered to conform to all applicable
Federal motor vehicle safety 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 these tentative decisions are ultimately made final, all passenger
cars listed in the annex to this notice will be eligible for entry into
the United States under Vehicle Eligibility No. VSA-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
decisions 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)(A) and (b)(1); 49 CFR 593.8;
delegation of authority at 49 CFR 1.50.
Issued on: May 7, 1996.
Ricardo Martinez,
Administrator.
Annex
Vehicles Covered by Tentative Decision
The following passenger cars, certified by their original
manufacturer as complying with all applicable Canadian Motor Vehicle
Safety Standards:
1994 and 1995 Chrysler LeBaron
1994 and 1995 Dodge Spirit
1994 and 1995 Dodge Shadow
1994 and 1995 Dodge Viper
1994 and 1995 Plymouth Acclaim
1994 and 1995 Plymouth Sundance
1995 Mazda Protege
[FR Doc. 96-11786 Filed 5-9-96; 8:45 am]
BILLING CODE 4910-59-P
