[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41617-41619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20759]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4079]


Final Decision That Certain Nonconforming Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Final decision that certain nonconforming vehicles are eligible 
for importation.

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

SUMMARY: This document announces a final decision by the Administrator 
of the National Highway Traffic Safety Administration (NHTSA) that 
certain motor vehicles that are certified by their manufacturers 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

[[Page 41618]]

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: This decision is effective August 4, 1998.

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 (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, 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 May 10, 1996, NHTSA published a notice in the Federal Register 
at 61 FR 21531, under Docket No. 98-39; Notice 1, announcing that the 
agency had made a tentative decision that certain motor vehicles that 
were certified by their manufacturers as complying with Canadian Motor 
Vehicle Safety Standard No. 208, Occupant Restraint Systems, but that 
do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
208, Occupant Crash Protection, are eligible for importation into the 
United States. In an annex to the notice of tentative decision, these 
vehicles were identified as the following passenger cars:

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.

The reader is referred to that notice for a full discussion of the 
factors leading to the tentative decision.
    In accordance with 49 U.S.C. 301412(b), the notice solicited public 
comments on the tentative decision that NHTSA had made. Four comments 
were submitted in response to the notice of tentative decision. The 
first of these was submitted by Volkswagen of America, Inc. 
(``Volkswagen''), on its own behalf, as well as that of Volkswagen AG 
and Audi AG. In its comment, Volkswagen noted that it did not 
manufacture any of the vehicles that were the subject of the tentative 
decision, but construed the notice of that decision as soliciting 
general comments on the issue of whether NHTSA should decide that 
vehicles certified to Canadian standards that lack automatic restraint 
systems required by FMVSS No. 208 are eligible for importation into the 
United States. Volkswagen expressed the belief that the agency should 
make no general decision in this regard, but instead address the issue 
on a case by case basis, in its processing of import eligibility 
petitions submitted by registered importers. Volkswagen stated that in 
the case of its own carlines, Canadian certified vehicles equipped with 
driver and passenger air bags incorporate a system that complies with 
FMVSS No. 208. Volkswagen observed, however, that if the U.S. version 
of the vehicle is equipped with motorized or non-motorized automatic 
seat belts, modifications must be performed on the Canadian counterpart 
that include structural and electric system changes and, in some cases, 
seat track modifications, depending on the vehicle's model year and 
date of production.
    The second comment was submitted by Mazda (North America), Inc. 
(``Mazda''), which manufactured one of the vehicles to which the 
tentative decision relates--the 1995 Mazda Protege. In its comment, 
Mazda noted that it marketed two versions of the 1995 Protege in 
Canada, only one of which was equipped with an air bag system. Mazda 
stated that the air bags, seat belts, and steering shafts on these 
vehicles have specifications that differ from those on U.S.-certified 
models, and that it has never tested either version to the requirements 
of FMVSS No. 208. Mazda noted that it also marketed in Canada a 1995 
Protege S model, which it characterized as not complying with FMVSS No. 
208 and incapable of being modified to comply with this standard. Mazda 
stated that any such modifications would be ``extensive, complicated, 
and invasive, and cannot be reliably or effectively performed.''
    The remaining two comments, from Norman G. Jensen, Inc. of 
Alexandria Bay, New York, and Laurek International of Clayton, New 
York, did not provide any information with respect to whether Canadian-
certified vehicles that do not comply with FMVSS No. 208 are capable of 
being readily altered to conform to that standard.
    With respect to the issues raised by Volkswagen and Mazda 
concerning the extent of the modifications that are necessary to 
conform some Canadian-certified vehicles to FMVSS No. 208, NHTSA 
observes that over the years since an automatic restraint requirement 
has been part of that standard, the agency 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. See, e.g., import eligibility decisions at 61 FR 9004 (March 6, 
1996) and 61 FR 6887 (February 22, 1996). 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. As a result, the agency found 
those vehicles capable of being readily altered to conform to the 
standards, and therefore eligible for importation under the criteria 
specified in 49 U.S.C. 30141(a)(1)(A). Based on this experience, the 
agency has concluded that notwithstanding Volkswagen's and Mazda's 
comments, the vehicles subject to the tentative decision are eligible 
for importation into the United States. NHTSA notes that the 1995 
Protege S, which Mazda states is incapable of being modified to comply 
with FMVSS No. 208, is a model distinct from the ``1995 Mazda Protege'' 
that is covered by this decision.

Final Decision

    Accordingly, the Administrator of NHTSA hereby 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. 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. 
All passenger cars listed in the annex to this notice are eligible for 
entry into the United States under Vehicle Eligibility No. VSA-80.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegation of authority at 49 CFR 1.50.


[[Page 41619]]


    Issued July 30, 1998.
Ricardo Martinez,
Administrator.

Annex--Vehicles Covered by Final 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. 98-20759 Filed 8-3-98; 8:45 am]
BILLING CODE 4910-59-P