[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Notices]
[Pages 21531-21532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11786]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-39; Notice 1]


Notice of Tentative Decision That Certain Nonconforming Vehicles 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on tentative decision that certain 
nonconforming vehicles are eligible for importation.

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SUMMARY: This notice requests comments on a tentative decision by the 
National Highway Traffic Safety Administration (NHTSA) that certain 
motor vehicles that are certified 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 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: The closing date for comments on this tentative decision is June 
10, 1996.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section 
108(c)(3)(A)(i) of the National Traffic and Motor Vehicle Safety Act 
(15 U.S.C. Sec. 1381 et seq.) (the Act)), 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 (formerly section 114 of 
the Act), 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 August 13, 1990, NHTSA published a Federal Register notice at 55 
FR 32988 announcing that it had made a final determination on its own 
initiative that certain motor vehicles that are certified by their 
original manufacturer as complying with all applicable Canadian motor 
vehicle safety standards (CMVSS) are eligible for importation into the 
United States under the precursor to 49 U.S.C. Sec. 30141(a)(1)(A). As 
identified in the notice, the Canadian-certified vehicles determined to 
be eligible for importation include:

    All passenger cars manufactured on or after September 1, 1989 
which are equipped by their original manufacturer with an automatic 
restraint system that complies with Federal Motor Vehicle Safety 
Standard

[[Page 21532]]

(FMVSS) No. 208, Occupant Crash Protection.

    The notice explained that NHTSA had examined the CMVSS and found 
that, in most essential respects, they are identical to the FMVSS, and 
that the most significant difference between the two sets of standards 
concerned occupant protection requirements. NHTSA noted that CMVSS No. 
208, Occupant Restraint Systems, does not require a passenger car to be 
equipped with automatic restraints, in contrast to FMVSS No. 208, 
Occupant Crash Protection, which requires automatic restraints in front 
designated seating positions for all passenger cars manufactured on and 
after September 1, 1989. Owing to this difference, and the agency's 
uncertainty that Canadian-certified vehicles could be retrofitted with 
automatic restraint systems, NHTSA limited its eligibility 
determination to passenger cars manufactured before September 1, 1989, 
or those manufactured on or after that date that are equipped by their 
original manufacturer with an automatic restraint system that complies 
with FMVSS No. 208.
    The notice observed that in the absence of a determination by NHTSA 
on its own initiative, any manufacturer or registered importer could 
petition the agency to determine whether a vehicle requiring the 
installation of an automatic restraint system to comply with FMVSS No. 
208 was eligible for importation into the United States. In the ensuing 
years, NHTSA 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. 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 that would render those vehicles incapable of 
being readily altered to conform to the standards, and therefore 
ineligible for importation under the criteria specified in 49 U.S.C. 
Sec. 30141(a)(1)(A).
    Through its monitoring of vehicle imports, NHTSA has identified the 
vehicles listed in the annex to this notice as ones that have been 
recently imported into the United States from Canada that do not meet 
the requirements of FMVSS No. 208 because they lack an automatic 
restraint system at both outboard front seating positions. These 
vehicles are certified by their original manufacturers as complying 
with all applicable CMVSS. In order to develop a realistic enforcement 
policy concerning these vehicles, and to determine whether to allow 
future importations of similar vehicles, NHTSA is soliciting comments 
through this notice on whether the vehicles listed in the annex are 
capable of being readily altered to comply with FMVSS No. 208.

Tentative Decisions

    Pending its review of any comments submitted in response to this 
notice, NHTSA hereby tentatively 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. Sec. 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. 
If these tentative decisions are ultimately made final, all passenger 
cars listed in the annex to this notice will be eligible for entry into 
the United States under Vehicle Eligibility No. VSA-1.

Comments

    Section 30141(b) of Title 49, U.S. Code requires NHTSA to provide a 
minimum period for public notice and comment on decisions made on its 
own initiative consistent with ensuring expeditious, but full 
consideration and avoiding delay by any person. NHTSA believes that a 
minimum comment period of 30 days is appropriate for this purpose. 
Interested persons are invited to submit comments on the tentative 
decisions described above. It is requested, but not required, that five 
copies be submitted.
    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 address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of NHTSA's final decision 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; 
delegation of authority at 49 CFR 1.50.

    Issued on: May 7, 1996.
Ricardo Martinez,
Administrator.

Annex

Vehicles Covered by Tentative 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. 96-11786 Filed 5-9-96; 8:45 am]
BILLING CODE 4910-59-P