[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19864]


[[Page Unknown]]

[Federal Register: August 15, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 93-60; Notice 2]

 

Denial of Petition for Import Eligibility Determination

    This notice sets forth the reasons for the denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(C)(i)(I) of 
the National Traffic and Motor Vehicle Safety Act (the Act)). The 
petition, which was submitted by G&K Automotive Conversion, Inc. of 
Santa Anna, California (G&K), a registered importer of motor vehicles, 
requested NHTSA to determine that a 1992 Range Rover multi-purpose 
passenger vehicle (MPV) that was not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards is eligible 
for importation into the United States because (1) it is substantially 
similar to the version of the 1992 Range Rover that was originally 
manufactured for importation into and sale in the United States and 
that was certified by its original manufacturer as complying with the 
safety standards, and (2) it is capable of being rapidly modified to 
conform to all applicable Federal motor vehicle safety standards.
    NHTSA published a notice in the Federal Register on September 7, 
1993 (58 FR 47177) that contained a thorough description of the 
petition, and solicited public comments upon it. One comment was 
received in response to this notice, from the North American 
Engineering Office of Rover Group Ltd. (Rover), the vehicle's original 
manufacturer.
    In its comment, Rover expressed disagreement with G&K's contention 
that the non-U.S. certified 1992 Range Rover is capable of being 
readily modified to conform to all applicable Federal motor vehicle 
safety standards. Rover principally noted that the chassis on the U.S. 
certified 1992 Range Rover differs from that on the non-U.S. certified 
model to meet the more stringent test requirements for fuel system 
integrity in Standard No. 301. Because these differences are integral 
to the chassis, and cannot be eliminated through the addition of 
individual components, Rover asserted that replacement of the chassis 
would be necessary to bring a non-U.S. certified 1992 Range Rover into 
compliance with Standard No. 301. In view of this circumstance, Rover 
contended that the non-U.S. certified 1992 Range Rover is not capable 
of being readily modified to conform to all applicable Federal motor 
vehicle safety standards, precluding it from being determined eligible 
for importation.
    In a subsequent comment elaborating on this issue, Rover stated 
that the U.S. certified 1992 Range Rover has a higher gross vehicle 
weight rating (GVWR) and a greater towing capacity than its non-U.S. 
certified counterpart. To achieve these characteristics, Rover stated 
than an integral trailer hitch is incorporated into the chassis on the 
U.S.-certified model. Rover stated that it has tested vehicles equipped 
with this chassis for compliance with Standard No. 301, but has not 
performed equivalent testing for non-U.S. certified models.
    Rover later advised NHTSA that the chassis on the U.S. certified 
1992 Range Rover differs from that on the non-U.S. certified model in 
the following respects:
    (1) A crash can is welded to the frame at the end of each side rail 
to absorb energy from a rear collision. Rover noted that these 
components are concealed by the bumper when the vehicle is assembled.
    (2) Two large saddle plates are welded to the frame on the top of 
each side rail at a position adjacent to the fuel tank. These plates 
are intended to stiffen the area surrounding the fuel tank to help meet 
the high impact speed test requirements of Standard No. 301.
    (3) Additional stiffening plates are attached in front of the 
intermediate rear cross member, next to the rear ``A'' frame mounting 
brackets, to help distribute the loads imparted to the chassis under 
Standard No. 301 test conditions.
    (4) Additional load carrying capability under Standard No. 301 test 
conditions is provided by the ``A'' struts of the towing hitch assembly 
that is welded onto the chassis.
    Rover stated that all of these additional components are installed 
on the chassis by the chassis supplier, using precise welding jigs and 
procedures, prior to the addition of corrosion inhibitors. Rover 
further stated that none of these components are available as 
individual parts.
    After being apprised by NHTSA of the Standard No. 301 compliance 
issues raised by Rover, G&K was unable to demonstrate that the non-U.S. 
certified 1992 Range Rover is capable of being readily modified to 
conform to that standard. Accordingly, NHTSA has concluded that the 
petition does not clearly demonstrate that the non-U.S. certified 1992 
Range Rover is eligible for importation. The petition must therefore be 
denied under 49 CFR 593.7(e).
    In accordance with 49 U.S.C. 30141(b)(1) (formerly section 
108(c)(3)(C)(ii) of the Act), NHTSA will not consider a new import 
eligibility petition covering this vehicle until at least three months 
from the date of this notice.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: August 5, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-19864 Filed 8-12-94; 8:45 am]
BILLING CODE 4910-59-M