[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Notices]
[Pages 40395-40397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19770]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 97-025; Notice 2]
Decision that Certain Nonconforming 1993 Land Rover Defender 110
Multi-Purpose Passenger Vehicles are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that certain nonconforming 1993
Land Rover Defender 110 multi-purpose passenger vehicles (MPVs) are
eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This notice announces the decision by NHTSA that 1993 Land
Rover Defender 110 MPVs that were 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 a vehicle originally manufactured for
importation into and sale in the United States and certified by its
manufacturer as complying with the safety standards (the U.S.-certified
version of the 1993 Land Rover Defender 110), and they are capable of
being readily altered to conform to the standards.
DATES: This decision is effective as of the date of its publication in
the Federal Register.
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, 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.
Wallace Environmental Testing laboratories, Inc. Of Houston, Texas
(``Wallace'') (Registered Importer No. R-90-005) petitioned NHTSA to
decide whether 1993 Land Rover Defender 110 MPVs are eligible for
importation into the United States. NHTSA published notice of the
petition on April 18, 1997 (62 FR 19167) to afford an opportunity for
public comment. As stated in the
[[Page 40396]]
notice of petition, the vehicle which Wallace believes is substantially
similar is the 1993 Land Rover Defender 110 that was manufactured for
importation into, and sale in, the United States and certified by its
manufacturer as conforming to all applicable Federal motor vehicle
safety standards.
The petitioner contended that it carefully compared the non-U.S.
certified 1993 Land Rover Defender 110 to its U.S. certified
counterpart, and found the two models to be substantially similar with
respect to compliance with most applicable Federal motor vehicle safety
standards.
Wallace submitted information with its petition intended to
demonstrate that the non-U.S. certified 1993 Land Rover Defender 110,
as originally manufactured, conforms to many Federal motor vehicle
safety standards in the same manner as its U.S. certified counterpart,
or is capable of being readily altered to conform to those standards.
Specifically, the petitioner claimed that the non-U.S. certified
1993 Land Rover Defender 110 is identical to its U.S. certified
counterpart with respect to compliance with Standards Nos. 102
Transmission Shift Lever Sequence * * *., 103 Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic
Brake Systems, 106 Brake Hoses, 113 Hood Latch Systems, 116 Brake
Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars,
124 Accelerator Control Systems, 201 Occupant Protection in Interior
Impact, 202 Head Restraints, 203 Impact Protection for the Driver
From the Steering Control System, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 206 Door Locks and Door
Retention Components, 207 Seating Systems, 209 Seat Belt Assemblies,
211 Windshield Mounting, 212 Windshield Retention, 214 Side Impact
Protection, 219 Windshield Zone Intrusion, and 302 Flammability of
Interior Materials.
Petitioner also contended that the vehicle is capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: replacement of the
speedometer/odometer with one calibrated in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Replacement of the headlight and taillight assemblies
with conforming parts; (b) installation of turnsignal lens assemblies
and sidemarkers.
Standard No. 111 Rearview Mirrors: inscription of the required
warning statement on the passenger-side rearview mirror.
Standard No. 114 Theft Protection: installation of a warning
buzzer in the ignition switch.
Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: installation of a tire information placard.
Standard No. 208 Occupant Crash Protection: (a) Installation of a
seat belt warning system; (b) installation of lap belts adjustable by
means of an emergency locking retractor in the rear side mount seats.
The petitioner stated that the vehicle is equipped at each front and
rear outboard seating position with Type 2 lap and shoulder belts that
are adjustable by means of an emergency locking retractor.
Additionally, the petitioner stated that the vehicle is equipped with a
Type 1 lap belt in the rear center designated seating position.
Standard No. 210 Seat Belt Assembly Anchorages: installation of
seat belt anchorages at the rear side mount seating positions.
Standard No. 216 Roof Crush Resistance: installation of an
internal and external roll cage assembly identical to the one found on
the vehicle's U.S.-certified counterpart.
Standard No. 301 Fuel System Integrity: installation of a rear
bumper assembly with supports attached to the frame to provide
protection to the fuel tank.
One comment was received in response to the notice of petition,
from Land Rover North America Inc., (``Land Rover''), the United States
representative of the Rover Group Ltd., the vehicle's manufacturer. In
its comment, Land Rover stated that a stamped steel stiffening saddle
is welded to the frame of the U.S. certified 1993 Land Rover Defender
110 to stiffen the fuel tank enclosure so that it can withstand rear
impact testing under Standard No. 301. Land Rover stated that the
stamped steel reinforcement is not available through the company's
parts system, requiring replacement of the entire chassis. Arguing that
a vehicle requiring chassis replacement cannot be ``readily altered,''
Land Rover contended that the non-U.S. certified 1993 Land Rover
Defender 110 does not meet the import eligibility criteria specified in
49 U.S.C. Sec. 30141(a)(1)(A)(iv). Land Rover further noted that weld
nuts were added to the rear cross member of the U.S. certified 1993
Land Rover Defender 110 to mount the rear bumper/step, but that these
parts were omitted from non-U.S. production. Additionally, Land Rover
stated that the fuel tank on the U.S. certified 1993 Land Rover
Defender 110 was modified to stiffen the fuel sender opening to reduce
deformation and subsequent fuel leakage after Standard No. 301 rear
impact tests. Because the non-U.S. certified 1993 Land Rover Defender
110 was never subjected to that testing, Land Rover stated that it is
unable to comment on that vehicle's ability to meet the standard. Land
Rover finally noted that the steering column, steering wheel and
steering wheel hub pad on the U.S. certified 1993 Land Rover Defender
110 were modified to meet Standard No. 208 compliance tests.
NHTSA accorded Wallace an opportunity to respond to Land Rover's
comments. In its response, Wallace stated that the steering column,
steering wheel, and steering wheel hub pad on the non-U.S. certified
1993 Land Rover Defender 110 can be readily replaced with U.S.-model
components to meet the requirements of Standard No. 208. Additionally,
Wallace contended that the fuel tank on the non-U.S. certified 1993
Land Rover Defender 110 can be readily replaced with a U.S.-model tank
to meet the requirements of Standard No. 301. Contrary to Land Rover's
assertion that a new chassis incorporating the stamped steel
reinforcement would have to be installed to meet the rear impact
requirements of this standard, Wallace contended that it is only
necessary to install the reinforcement itself. Based on consultations
with professional welding companies, Wallace described this
modification as a straight forward process utilizing identical material
welded in the identical location.
NHTSA has reviewed each of the issues that Land Rover has raised
regarding Wallace's petition. NHTSA believes that Wallace's responses
adequately address each of those issues. NHTSA further notes that the
modifications described by Wallace would not preclude the 1993 Land
Rover Defender 110 from being found ``capable of being readily altered
to comply with applicable motor vehicle safety standards.''
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-212 is the vehicle eligibility number assigned to vehicles
admissible under this decision.
[[Page 40397]]
Final Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that a 1993 Land Rover Defender 110 that was not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards, is substantially similar to a 1993 Land Rover Defender 110
that was originally manufactured for importation into and sale in the
United States and certified under 49 U.S.C. Sec. 30115, and is 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: July 22, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-19770 Filed 7-25-97; 8:45 am]
BILLING CODE 4910-59-P
