[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Notices]
[Pages 40395-40397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19770]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-025; Notice 2]


Decision that Certain Nonconforming 1993 Land Rover Defender 110 
Multi-Purpose Passenger Vehicles are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that certain nonconforming 1993 
Land Rover Defender 110 multi-purpose passenger vehicles (MPVs) are 
eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1993 Land 
Rover Defender 110 MPVs that were not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards, are 
eligible for importation into the United States because they are 
substantially similar to a vehicle originally manufactured for 
importation into and sale in the United States and certified by its 
manufacturer as complying with the safety standards (the U.S.-certified 
version of the 1993 Land Rover Defender 110), and they are capable of 
being readily altered to conform to the standards.

DATES: This decision is effective as of the date of its publication in 
the Federal Register.

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 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 importation into 
and 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 
Federal motor vehicle safety standards.
    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.
    Wallace Environmental Testing laboratories, Inc. Of Houston, Texas 
(``Wallace'') (Registered Importer No. R-90-005) petitioned NHTSA to 
decide whether 1993 Land Rover Defender 110 MPVs are eligible for 
importation into the United States. NHTSA published notice of the 
petition on April 18, 1997 (62 FR 19167) to afford an opportunity for 
public comment. As stated in the

[[Page 40396]]

notice of petition, the vehicle which Wallace believes is substantially 
similar is the 1993 Land Rover Defender 110 that was manufactured for 
importation into, and sale in, the United States and certified by its 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner contended that it carefully compared the non-U.S. 
certified 1993 Land Rover Defender 110 to its U.S. certified 
counterpart, and found the two models to be substantially similar with 
respect to compliance with most applicable Federal motor vehicle safety 
standards.
    Wallace submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1993 Land Rover Defender 110, 
as originally manufactured, conforms to many Federal motor vehicle 
safety standards in the same manner as its U.S. certified counterpart, 
or is capable of being readily altered to conform to those standards.
    Specifically, the petitioner claimed that the non-U.S. certified 
1993 Land Rover Defender 110 is identical to its U.S. certified 
counterpart with respect to compliance with Standards Nos. 102  
Transmission Shift Lever Sequence * * *., 103  Defrosting and Defogging 
Systems, 104  Windshield Wiping and Washing Systems, 105  Hydraulic 
Brake Systems, 106  Brake Hoses, 113  Hood Latch Systems, 116  Brake 
Fluid, 119  New Pneumatic Tires for Vehicles other than Passenger Cars, 
124  Accelerator Control Systems, 201  Occupant Protection in Interior 
Impact, 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, 209  Seat Belt Assemblies, 
211  Windshield Mounting, 212  Windshield Retention, 214  Side Impact 
Protection, 219  Windshield Zone Intrusion, and 302  Flammability of 
Interior Materials.
    Petitioner also contended that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101  Controls and Displays: replacement of the 
speedometer/odometer with one calibrated in miles per hour.
    Standard No. 108  Lamps, Reflective Devices and Associated 
Equipment: (a) Replacement of the headlight and taillight assemblies 
with conforming parts; (b) installation of turnsignal lens assemblies 
and sidemarkers.
    Standard No. 111  Rearview Mirrors: inscription of the required 
warning statement on the passenger-side rearview mirror.
    Standard No. 114  Theft Protection: installation of a warning 
buzzer in the ignition switch.
    Standard No. 120  Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire information placard.
    Standard No. 208  Occupant Crash Protection: (a) Installation of a 
seat belt warning system; (b) installation of lap belts adjustable by 
means of an emergency locking retractor in the rear side mount seats. 
The petitioner stated that the vehicle is equipped at each front and 
rear outboard seating position with Type 2 lap and shoulder belts that 
are adjustable by means of an emergency locking retractor. 
Additionally, the petitioner stated that the vehicle is equipped with a 
Type 1 lap belt in the rear center designated seating position.
    Standard No. 210  Seat Belt Assembly Anchorages: installation of 
seat belt anchorages at the rear side mount seating positions.
    Standard No. 216  Roof Crush Resistance: installation of an 
internal and external roll cage assembly identical to the one found on 
the vehicle's U.S.-certified counterpart.
    Standard No. 301  Fuel System Integrity: installation of a rear 
bumper assembly with supports attached to the frame to provide 
protection to the fuel tank.
    One comment was received in response to the notice of petition, 
from Land Rover North America Inc., (``Land Rover''), the United States 
representative of the Rover Group Ltd., the vehicle's manufacturer. In 
its comment, Land Rover stated that a stamped steel stiffening saddle 
is welded to the frame of the U.S. certified 1993 Land Rover Defender 
110 to stiffen the fuel tank enclosure so that it can withstand rear 
impact testing under Standard No. 301. Land Rover stated that the 
stamped steel reinforcement is not available through the company's 
parts system, requiring replacement of the entire chassis. Arguing that 
a vehicle requiring chassis replacement cannot be ``readily altered,'' 
Land Rover contended that the non-U.S. certified 1993 Land Rover 
Defender 110 does not meet the import eligibility criteria specified in 
49 U.S.C. Sec. 30141(a)(1)(A)(iv). Land Rover further noted that weld 
nuts were added to the rear cross member of the U.S. certified 1993 
Land Rover Defender 110 to mount the rear bumper/step, but that these 
parts were omitted from non-U.S. production. Additionally, Land Rover 
stated that the fuel tank on the U.S. certified 1993 Land Rover 
Defender 110 was modified to stiffen the fuel sender opening to reduce 
deformation and subsequent fuel leakage after Standard No. 301 rear 
impact tests. Because the non-U.S. certified 1993 Land Rover Defender 
110 was never subjected to that testing, Land Rover stated that it is 
unable to comment on that vehicle's ability to meet the standard. Land 
Rover finally noted that the steering column, steering wheel and 
steering wheel hub pad on the U.S. certified 1993 Land Rover Defender 
110 were modified to meet Standard No. 208 compliance tests.
    NHTSA accorded Wallace an opportunity to respond to Land Rover's 
comments. In its response, Wallace stated that the steering column, 
steering wheel, and steering wheel hub pad on the non-U.S. certified 
1993 Land Rover Defender 110 can be readily replaced with U.S.-model 
components to meet the requirements of Standard No. 208. Additionally, 
Wallace contended that the fuel tank on the non-U.S. certified 1993 
Land Rover Defender 110 can be readily replaced with a U.S.-model tank 
to meet the requirements of Standard No. 301. Contrary to Land Rover's 
assertion that a new chassis incorporating the stamped steel 
reinforcement would have to be installed to meet the rear impact 
requirements of this standard, Wallace contended that it is only 
necessary to install the reinforcement itself. Based on consultations 
with professional welding companies, Wallace described this 
modification as a straight forward process utilizing identical material 
welded in the identical location.
    NHTSA has reviewed each of the issues that Land Rover has raised 
regarding Wallace's petition. NHTSA believes that Wallace's responses 
adequately address each of those issues. NHTSA further notes that the 
modifications described by Wallace would not preclude the 1993 Land 
Rover Defender 110 from being found ``capable of being readily altered 
to comply with applicable motor vehicle safety standards.''
    NHTSA has accordingly decided to grant the petition.

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-212 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

[[Page 40397]]

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1993 Land Rover Defender 110 that was not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards, is substantially similar to a 1993 Land Rover Defender 110 
that was originally manufactured for importation into and sale in the 
United States and certified under 49 U.S.C. Sec. 30115, and is capable 
of being readily altered to conform to all applicable Federal motor 
vehicle safety standards.

    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: July 22, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-19770 Filed 7-25-97; 8:45 am]
BILLING CODE 4910-59-P