[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41617-41619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20759]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4079]
Final Decision That Certain Nonconforming Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Final decision that certain nonconforming vehicles are eligible
for importation.
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SUMMARY: This document announces a final decision by the Administrator
of the National Highway Traffic Safety Administration (NHTSA) that
certain motor vehicles that are certified by their manufacturers 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
[[Page 41618]]
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: This decision is effective August 4, 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 (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, 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 May 10, 1996, NHTSA published a notice in the Federal Register
at 61 FR 21531, under Docket No. 98-39; Notice 1, announcing that the
agency had made a tentative decision that certain motor vehicles that
were certified by their manufacturers as complying with Canadian Motor
Vehicle Safety Standard No. 208, Occupant Restraint Systems, but that
do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
208, Occupant Crash Protection, are eligible for importation into the
United States. In an annex to the notice of tentative decision, these
vehicles were identified as the following passenger cars:
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.
The reader is referred to that notice for a full discussion of the
factors leading to the tentative decision.
In accordance with 49 U.S.C. 301412(b), the notice solicited public
comments on the tentative decision that NHTSA had made. Four comments
were submitted in response to the notice of tentative decision. The
first of these was submitted by Volkswagen of America, Inc.
(``Volkswagen''), on its own behalf, as well as that of Volkswagen AG
and Audi AG. In its comment, Volkswagen noted that it did not
manufacture any of the vehicles that were the subject of the tentative
decision, but construed the notice of that decision as soliciting
general comments on the issue of whether NHTSA should decide that
vehicles certified to Canadian standards that lack automatic restraint
systems required by FMVSS No. 208 are eligible for importation into the
United States. Volkswagen expressed the belief that the agency should
make no general decision in this regard, but instead address the issue
on a case by case basis, in its processing of import eligibility
petitions submitted by registered importers. Volkswagen stated that in
the case of its own carlines, Canadian certified vehicles equipped with
driver and passenger air bags incorporate a system that complies with
FMVSS No. 208. Volkswagen observed, however, that if the U.S. version
of the vehicle is equipped with motorized or non-motorized automatic
seat belts, modifications must be performed on the Canadian counterpart
that include structural and electric system changes and, in some cases,
seat track modifications, depending on the vehicle's model year and
date of production.
The second comment was submitted by Mazda (North America), Inc.
(``Mazda''), which manufactured one of the vehicles to which the
tentative decision relates--the 1995 Mazda Protege. In its comment,
Mazda noted that it marketed two versions of the 1995 Protege in
Canada, only one of which was equipped with an air bag system. Mazda
stated that the air bags, seat belts, and steering shafts on these
vehicles have specifications that differ from those on U.S.-certified
models, and that it has never tested either version to the requirements
of FMVSS No. 208. Mazda noted that it also marketed in Canada a 1995
Protege S model, which it characterized as not complying with FMVSS No.
208 and incapable of being modified to comply with this standard. Mazda
stated that any such modifications would be ``extensive, complicated,
and invasive, and cannot be reliably or effectively performed.''
The remaining two comments, from Norman G. Jensen, Inc. of
Alexandria Bay, New York, and Laurek International of Clayton, New
York, did not provide any information with respect to whether Canadian-
certified vehicles that do not comply with FMVSS No. 208 are capable of
being readily altered to conform to that standard.
With respect to the issues raised by Volkswagen and Mazda
concerning the extent of the modifications that are necessary to
conform some Canadian-certified vehicles to FMVSS No. 208, NHTSA
observes that over the years since an automatic restraint requirement
has been part of that standard, the agency 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. See, e.g., import eligibility decisions at 61 FR 9004 (March 6,
1996) and 61 FR 6887 (February 22, 1996). 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. As a result, the agency found
those vehicles capable of being readily altered to conform to the
standards, and therefore eligible for importation under the criteria
specified in 49 U.S.C. 30141(a)(1)(A). Based on this experience, the
agency has concluded that notwithstanding Volkswagen's and Mazda's
comments, the vehicles subject to the tentative decision are eligible
for importation into the United States. NHTSA notes that the 1995
Protege S, which Mazda states is incapable of being modified to comply
with FMVSS No. 208, is a model distinct from the ``1995 Mazda Protege''
that is covered by this decision.
Final Decision
Accordingly, the Administrator of NHTSA hereby 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. 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.
All passenger cars listed in the annex to this notice are eligible for
entry into the United States under Vehicle Eligibility No. VSA-80.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegation of authority at 49 CFR 1.50.
[[Page 41619]]
Issued July 30, 1998.
Ricardo Martinez,
Administrator.
Annex--Vehicles Covered by Final 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. 98-20759 Filed 8-3-98; 8:45 am]
BILLING CODE 4910-59-P
