
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Notices]
[Page 16961-16962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-141]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0058]


Notice of Receipt of Petition for Decision That Nonconforming
1994 and 1995 Land Rover Defender 90 Multipurpose Passenger Vehicles
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles
are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles
that were not originally manufactured to comply with all applicable
Federal motor vehicle safety standards (FMVSS) are 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 manufacturer as
complying with the safety standards, and (2) they are capable of being
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is April 30, 2008.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://
www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).

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 FMVSS 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 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 FMVSS.
    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

[[Page 16962]]

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.
    Export Auto sales, Inc., of Chicopee, Massachusetts (Export
Auto)(Registered Importer 01-284) has petitioned NHTSA to decide
whether nonconforming 1994 and 1995 Land Rover Defender 90 multipurpose
passenger vehicles are eligible for importation into the United States.
The vehicles which Export Auto believes are substantially similar are
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles
that were manufactured for sale in the United States and certified by
their manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles to
their U.S.-certified counterparts, and found the vehicles to be
substantially similar with respect to compliance with most FMVSS.
    Export Auto submitted information with its petition intended to
demonstrate that non-U.S. certified 1994 and 1995 Land Rover Defender
90 multipurpose passenger vehicles, as originally manufactured, conform
to many FMVSS in the same manner as their U.S. certified counterparts,
or are capable of being readily altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 1994
and 1995 Land Rover Defender 90 multipurpose passenger vehicles are
identical to their U.S.-certified counterparts with respect to
compliance with Standard Nos. 102 Transmission Shift Lever Sequence,
103 Defrosting and Defogging Systems, 104 Windshield Wiping and Washing
Systems, 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 107
Reflecting Surfaces, 113 Hood Latch Systems, 114 Theft Protection, 115
Vehicle Identification Number--Basic Requirements, 116 Brake Fluid, 124
Accelerator Control Systems, 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, 210 Seat Belt Assembly
Anchorages, 211 Wheel Nuts, Wheel Discs and Hub Caps, 212 Windshield
Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,
and 302 Flammability of Interior Materials.
    Petitioner states that the vehicle is equipped with a vehicle
identification number plate that complies with the requirements of 49
CFR Part 565.
    Petitioner also observes that the vehicle is not subject to the
Theft Prevention Standard found in 49 CFR part 541.
    Petitioner also contends that the vehicle is capable of being
readily altered to meet the following standards, in the manner
indicated:
    Standard No. 101 Controls and Displays: (a) replacement or
conversion of the speedometer to read in miles per hour; (b) inspection
of all vehicles to ensure that components subject to the standard are
identical to those found on the vehicle's U.S.-certified counterpart
and replacement of noncompliant components with U.S-model parts on
vehicles that are not already so equipped.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlights; (b) modification
of the amber sidemarker lights to meet the requirements of the
standard; (c) inspection of all vehicles and replacement of
noncompliant lighting system components with U.S-model parts on
vehicles that are not already so equipped.
    Standard No. 111 Rearview Mirror: inscription of the required
warning statement on the face of the passenger side rearview mirror, or
replacement of the mirror with one that is already so marked.
    Standard No. 118 Power Window Systems: inspection of all vehicles
and modification of the wiring system, where necessary, to ensure
compliance with the standard.
    Standard No. 119 New Pneumatic Tires for Vehicles other than
Passenger Cars: inspection of all vehicles to ensure compliance with
the standard.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: inspection of all vehicles to ensure compliance with
the standard. The petitioner asserts that the tires and rims on the
non-U.S. certified vehicle it has examined are properly marked.
    Standard No. 201 Occupant Protection in Interior Impact: inspection
of all vehicles and replacement of any components subject to the
standard that are not identical to those found on the vehicle's U.S.-
certified counterpart. The petitioner asserts that those components on
the non-U.S. certified vehicle it has examined are identical to those
found on the vehicle's U.S.-certified counterpart.
    Standard No. 208 Occupant Crash Protection: inspection of all
vehicles and modification, as necessary, to ensure compliance with the
standard. The petitioner asserts that the occupant crash protection
system on the non-U.S. certified vehicle it has examined is identical
to that found on the vehicle's U.S.-certified counterpart.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles
and modification, as necessary, to ensure compliance with the standard.
The petitioner asserts that the seat belt assemblies on the non-U.S.
certified vehicle it has examined are in compliance with the standard.
    Standard No. 214 Side Impact Protection: inspection of all vehicles
and modification, as necessary, to ensure compliance with the standard.
The petitioner asserts that the door beams on the non-U.S. certified
vehicle it has examined are identical to those found on the vehicle's
U.S.-certified counterpart.
    Standard No. 301 Fuel System Integrity: installation of an U.S.-
model rollover valve to meet the requirements of the standard.
    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 addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
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;
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 25, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-6503 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-59-P
