[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78868-78870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30335]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0058; Notice 2]
Decision That Certain 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 decision by the National Highway Traffic Safety
Administration (NHTSA) that certain nonconforming 1994 and 1995 Land
Rover Defender 90 multipurpose passenger vehicles are eligible for
importation.
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SUMMARY: This document announces a decision by NHTSA that a certain
limited range of 1994 and 1995 Land Rover Defender 90 multipurpose
passenger vehicles (MPVs) 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 (the U.S.-
certified version of the 1994 and 1995 Land Rover Defender 90 MPVs),
and (2) they are capable of being readily altered to conform to the
standards.
DATES: This decision is effective December 16, 2008.
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.
Where there is no substantially similar U.S.-certified motor
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle
to be admitted into the United States if its safety features comply
with, or are capable of being altered to comply with, all applicable
FMVSS based on destructive test data or such other evidence as NHTSA
decides to be adequate.
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.
Export Auto Sales, Inc., of Chicopee, Massachusetts (Export Auto)
(Registered Importer 01-284) petitioned NHTSA to decide whether all
nonconforming 1994 and 1995 Land Rover Defender 90 MPVs are eligible
for importation into the United States. In its petition, Export Auto
compared these nonconforming vehicles to substantially similar U.S.-
certified 1994 and 1995 Land Rover Defender 90 MPVs. NHTSA published
notice of the petition on March 31, 2008 (73 FR 16961) to afford an
opportunity for public comment. The reader is referred to that notice
for a thorough description of the petition. Comments were received in
response to the notice of the petition from Skytop Rover Co. (Skytop)
of Philadelphia, Pennsylvania (Registered Importer 06-343) and Ford
Motor Company (Ford) of Dearborn, Michigan as agent for Land Rover.
Skytop's and Ford's comments
Skytop expressed concern that Export Auto's petition does not
address several key modifications that Skytop considered necessary for
the vehicles to meet various safety standards. Skytop first contends
that there were two distinct versions of a cage assembly mounted on
both the interior and the exterior of the U.S.-certified models sold in
the United States. One version was for the pickup (open back) model and
a different version was for the station wagon hardtop (closed-in back)
model. Skytop asserted that the U.S.-model cages are necessary for the
vehicles to conform to FMVSS No. 216 Roof Crush Resistance.
Skytop's second contention is that the petition does not adequately
address all modifications necessary to bring the vehicles into
compliance with FMVSS No. 301 Fuel System Integrity. Specifically,
Skytop states that structural modifications to the chassis as well as
the addition of a rear step assembly and associated support brackets
are required for the vehicles to conform to FMVSS No. 301.
Skytop's third contention is that the rear step assembly is also
required for the vehicles to conform to the bumper crash requirements
of 49 CFR Part 581 Bumper Standard.
Skytop's fourth contention is that the seat belt assembly
anchorages do not conform to FMVSS No. 210 Seat Belt Assembly
Anchorages because the part numbers for those components, as found on
the nonconforming vehicles, differ from those on the U.S.-certified
model.
Skytop's fifth contention is that the nonconforming vehicles do not
meet the requirements of FMVSS No. 114 Theft Protection because no seat
belt audible warning system is present.
Ford's comments detailed the differences between the U.S.-model
vehicles and the nonconforming vehicles that effect compliance with the
FMVSS. Ford's comments are summarized below under the heading of each
standard the company addressed:
FMVSS No. 101 Controls and Displays: The instrument cluster-
mounted telltails and speedometer unit of measure in the
nonconforming vehicles may not comply with FMVSS No. 101.
FMVSS No. 106 Brake Hoses: The brake hoses on Nonconforming
vehicles do not have DOT markings.
FMVSS No. 108 Lamps, Reflective Devices, and Associated
Equipment: Nonconforming vehicles' front lamps and side marker lamps
do not conform to FMVSS No. 108. All lamps mounted on the rear of
the vehicles may not conform to FMVSS No. 108.
FMVSS No. 110 Tire Selection and Rims: Nonconforming vehicles do
not have a tire information placard.
FMVSS No. 111 Rearview Mirrors: None of the mirrors on
nonconforming vehicles conform to FMVSS No. 111. Also, the sun
visors on the nonconforming vehicles are not compatible with the
U.S.-model interior rearview mirror.
FMVSS No. 114 Theft Protection: Nonconforming vehicles do not
have the required key warning system. Nonconforming vehicles with
automatic transmissions also do not have the required rollaway
prevention device.
FMVSS No. 116 Motor Vehicle Brake Fluids: Nonconforming vehicles
do not have labeling that conforms to FMVSS No. 116.
FMVSS No. 119 New Pneumatic Tires for Vehicles Other than
Passenger Cars: Tires on nonconforming vehicles may not conform to
the requirements of FMVSS no. 119.
[[Page 78869]]
FMVSS No. 124 Accelerator Control Systems: The U.S.-model
vehicles have a unique throttle design. The throttle installed on
nonconforming vehicles has not been evaluated for conformance with
FMVSS No. 124 by Land Rover.
FMVSS No. 203 Impact Protection for the Driver from the Steering
Control System: U.S.-model vehicles were equipped with a padded hub
steering wheel and a compatible spline steering column.
Nonconforming vehicles are not equipped with these features.
FMVSS No. 205 Glazing Materials: Nonconforming vehicles may not
be equipped with glazing that conforms to FMVSS No. 205.
FMVSS No. 208 Occupant Crash Protection: Seat belts installed in
nonconforming vehicles do not conform to the requirements of FMVSS
no. 209. Nonconforming vehicles do not have audible or visual seat
belt warning systems.
FMVSS No. 209 Seat Belt Assemblies: Seat belts installed in
nonconforming vehicles do not conform to the requirements of FMVSS
no. 209.
FMVSS No. 212 Windshield Mounting: U.S.-model vehicles have a
safari cage installed with an additional front hoop to protect the
windshield and comply with FMVSS No. 212. Some nonconforming
vehicles may not have the full external front hoop installed.
FMVSS No. 216 Roof Crush Resistance: Vehicles built prior to
September 1, 1994 are not required to meet this standard. Non-U.S.
certified vehicles built after September 1, 1994 may have a GVWR
below the 6,000 lb. applicability cutoff, making it necessary for
those vehicles to comply with the standard. U.S.-model vehicles were
not certified to the standard because their GVWR exceeded the
applicability cutoff. Nonconforming vehicles were not evaluated
against these requirements by Land Rover and Ford cannot draw any
conclusions about the necessary modifications required to comply
with the regulation.
FMVSS No. 219 Windshield Zone Intrusion: U.S.-model vehicles
have a safari cage installed with an additional front hoop to
protect the windshield and comply with FMNSS No. 219. Some
nonconforming vehicles may not have the full external front hoop
installed.
FMVSS No. 301 Fuel System Integrity: The fuel tank and fuel
lines were unique to the U.S.-model vehicles. Nonconforming
vehicles, at a minimum, require installation of the rear step bar,
rollover valve and inertia switch. Land Rover did not evaluate
nonconforming vehicles to these requirements and Ford cannot draw
any conclusions about the necessary modifications required to comply
with FMVSS No. 301.
49 CFR Part 565 Vehicle Identification number--Content
Requirements: Non-U.S. certified vehicles do not have a check digit
and the VIN plate is not visible.
49 CFR Part 567 Certification: Non-U.S. certified vehicles do
not have a certification label affixed to the B-pillar.
49 CFR Part 575.105 Consumer Information Regulations: A sticker
(i.e., a rollover label) is required on the driver's sun visor and
is not installed on non-U.S. vehicles.
NHTSA's Response
After NHTSA's initial review of the petition and the comments from
Skytop and Ford, the agency found that the petitioner had failed to
address many differences between the U.S.-model vehicles and the
nonconforming vehicles that affect compliance with certain FMVSS. The
petitioner also failed to fully provide sufficient details about which
nonconforming vehicle body types could be considered to be
substantially similar to the U.S.-model vehicle body types. Based on
information provided by Ford, NHTSA has determined that only certain 2-
door pickup body style and certain 2-door station wagon hardtop
configurations of the nonconforming vehicles can be considered to be
substantially similar to the U.S.-model vehicles. Ford identified the
substantially similar nonconforming vehicles as 1994 2-door pickup
style, and 1994 and 1995 2-door station wagon hardtop style vehicles
that have the characters ``A'' in the seventh position and ``M'' in the
eight position of their vehicle identification number (VIN).
With regard Skytop's comments NHTSA offers the following
observations:
(1) As previously discussed, there are two distinct body styles
for the U.S.-conforming model, a 2-door pickup model and a 2-door
station wagon hardtop model. Each model has a unique safari cage.
After reviewing the comments received from both Skytop and Ford,
NHTSA has determined that the presence of those unique U.S.-model
safari cages is necessary for the vehicles to meet the requirements
of several FMVSS as detailed below.
(2) NHTSA agrees with Skytop that the fuel system in the
nonconforming vehicles must be modified in order to conform to all
applicable requirements of FMVSS No. 301. NHTSA did not receive any
evidence indicating that any specific structural modifications would
be required to conform the limited subset of vehicles identified as
substantially similar to the U.S.-conforming vehicles to the
applicable requirements of FMVSS No. 301. However, the presence of a
complete U.S.-model fuel system is warranted, as described below.
(3) The Bumper standard that is referred to by Skytop (49 CFR
Part 581 Bumper Standard) does not apply to MPVs and is not a FMVSS.
Therefore, a vehicle's conformity status with regard to 49 CFR Part
581 cannot be a factor in deciding whether the vehicle is eligible
for importation.
(4) NHTSA agrees with Skytop that all seat belt anchorages
should be inspected and U.S.-model components must be installed on
vehicles not already so equipped to conform to FMVSS No. 210 as
described below.
(5) NHTSA agrees with Skytop that an audible key warning system
must be installed in the nonconforming vehicles to conform to FMVSS
No. 114 as described below.
NHTSA agrees with Ford's descriptions of the differences between
the nonconforming vehicles and the U.S.-conforming model vehicles.
Based on Ford's and Skytop's comments concerning FMVSS Nos. 114,
210 & 301, NHTSA has determined that in addition to the modifications
described in Export Auto's petition, the following modifications must
be performed to bring the nonconforming vehicles into compliance with
all applicable FMVSS:
FMVSS No. 101 Controls and Displays: Installation of U.S.-model
speedometer and instrument cluster mounted telltale lamps or
modification of existing components to achieve compliance with the
standard.
FMVSS No. 106 Brake Hoses: Inspection of the vehicles and
replacement of any nonconforming brake hoses with U.S.-model
components.
FMVSS No. 105 Hydraulic and Electric Brake Systems: Inspection
of all vehicles and installation of U.S.-model brake system
components as needed to meet the labeling requirements of the
standard on vehicles that are not already so equipped.
FMVSS No. 108 Lamps, Reflective Devices, and Associated
Equipment: Installation of U.S.-model front and rear side marker
lamps. Inspection of all vehicles and replacement of any
nonconforming front parking lamps, rear lamps, and reflex reflectors
with U.S.-model components on vehicles that are not already so
equipped.
FMVSS No. 110 Tire Selection and Rims: Installation of a
conforming tire and rim information placard.
FMVSS No. 111 Rearview Mirrors: Installation of a U.S.-model
interior rearview mirror and compatible sun visors if the existing
sun visors interfere with the compliance of the U.S.-model interior
mirror, and installation of U.S.-model driver's and passenger's side
exterior mounted rearview mirrors.
FMVSS No. 114 Theft Protection: Installation of a U.S.-model key
warning system and installation of a U.S.-model park-interlock on
vehicles with automatic transmissions.
FMVSS No. 119 New Pneumatic Tires for Vehicles Other than
Passenger Cars: Inspection of all vehicles and replacement of any
tires that do not conform to the requirements of the standard.
FMVSS No. 124 Accelerator Control Systems: Installation of a
U.S.-model throttle, or production of test data showing that the
existing throttle components conform to FMVSS No. 124.
FMVSS No. 203 Impact Protection for the Driver from the Steering
Control System: Installation of a U.S.-model padded steering wheel
hub and a compatible U.S.-model spline column.
FMVSS No. 208 Occupant Crash Protection: Installation of
supplemental audible and visual seat belt warning systems and
compatible U.S.-model seat belt components.
[[Page 78870]]
FMVSS No. 209 Seat Belt Assemblies: Installation of U.S.-model
seat belts.
FMVSS No. 210 Seat Belt Assembly Anchorages: Inspection of all
vehicles and installation, on vehicles that are not already so
equipped, of U.S.-model anchorages.
FMVSS No. 212 Windshield Mounting: Installation of the complete
body style-specific U.S.-model safari cage including the full
external front hoop on vehicles not already so equipped.
FMVSS No. 216 Roof Crush Resistance: The substantially similar
U.S.-model vehicles were not certified to FMVSS No. 216, either
because they were manufactured before September 1, 1994, the date
the standard became applicable to MPVs, or because their gross
vehicle weight rating (GVWR) was 6,000 lbs. or greater. Therefore,
nonconforming vehicles manufactured on or after September 1, 1994
will only be eligible under this decision if they were manufactured
with a GVWR greater than 2722 kg (6,000 lb).
FMVSS No. 219 Windshield Zone Intrusion: Installation of the
complete body style-specific U.S.-model safari cage including the
full external front hoop.
FMVSS No. 301 Fuel System Integrity: Installation of a U.S.-
model rear step bar, rollover valve, and inertia switch. Inspection
of all vehicles and replacement of any non-U.S.-model fuel system
components with U.S.-model components.
49 CFR Part 565 Vehicle Identification number--Content
Requirements: Nonconforming vehicles imported and certified by RIs
are not required to have vehicle identification numbers (VINs) that
conform to the style and content requirements of 49 CFR Part 565.
However, as required by 49 CFR Part 565.5(b), the VIN that was
assigned to an imported vehicle by its original manufacturer must be
displayed on the certification label applied by the RI and must also
be on a plate or label located inside the vehicle and visible.
49 CFR Part 567 Certification: Installation of an RI's
certification label as required by 49 CFR Part 567.2(b).
49 CFR Part 575.105 Consumer Information Regulations: In
addition to ensuring that converted vehicles conform to all
applicable FMVSS, an RI who converts one of the subject vehicles
must also install a rollover warning label on the driver's sun visor
to meet the requirements of 49 CFR Part 757.105.
While the modifications detailed above are extensive, NHTSA has
decided that a specific subgroup of nonconforming 1994 and 1995 Land
Rover Defender 90 MPVs are capable of being readily modified to conform
to applicable FMVSS.
Accordingly, the agency has decided to grant the petition subject
to the limitations discussed below.
Applicability
The applicability of this decision is limited to nonconforming 1994
and 1995 Land Rover Defender 90 MPVs with the following
characteristics:
(1) 1994 Land Rover Defender 90 MPVs--2-door pickup only,
(2) 1995 Land Rover Defender 90 MPVs--2-door pickup and 2-door
station wagon hardtop only,
(3) 1994 & 1995 Land Rover Defender 90 MPVs--The seventh position
of the VIN must be the character ``A,''
(4) 1994 & 1995 Land Rover Defender 90 MPVs--The eighth position
must be the character ``M,''
(5) 1994 & 1995 Land Rover Defender 90 MPVs manufactured on or
after September 1, 1994--The GVWR assigned by the original manufacturer
must be greater than 2722 kg.
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-512 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 has decided that
the previously described subset of 1994 and 1995 Land Rover Defender 90
MPVs that were not originally manufactured to comply with all
applicable FMVSS are substantially similar to 1994 and 1995 Land Rover
Defender 90 MPVs originally manufactured for 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 FMVSS.
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 16, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-30335 Filed 12-22-08; 8:45 am]
BILLING CODE 4910-59-P