[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Notices]
[Pages 69358-69359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33225]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4862]


Decision that Nonconforming 1987-1989 Saab 900 S Passenger Cars 
are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1987-1989 Saab 
900 S passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1987-1989 
Saab 900 S passenger cars 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 vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S. certified version of the 
1987-1989 Saab 900 S), and they are capable of being readily altered to 
conform to the standards.

DATE: This decision is effective December 16, 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 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,

[[Page 69359]]

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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) petitioned NHTSA to decide whether 1987-
1989 Saab 900 S passenger cars are eligible for importation into the 
United States. NHTSA published notice of the petition under Docket No. 
NHTSA-98-4083 on July 24, 1998 (63 FR 39928) to afford an opportunity 
for public comment. The reader is referred to that notice for a 
thorough description of the petition.
    One comment was received in response to the notice of the petition, 
from Saab Cars USA, Inc. (``Saab''), the United States representative 
of the vehicles' manufacturer. In this comment, Saab stated that the 
petition contained inaccuracies with regard to the compliance of non-
U.S. certified 1987-1989 Saab 900 S with certain of the Federal motor 
vehicle safety standards. In particular, Saab noted that a center high 
mounted stop lamp would have to be installed on the vehicles to comply 
with Standard No. 108, Lamps, Reflective Devices, and Associated 
Equipment. Additionally, Saab stated that the driver's side rearview 
mirror would have to be replaced with a planar U.S.-model component to 
comply with Standard No. 111, Rearview Mirrors. Saab also stated that 
the manufacturer locks the transmission shift mechanism as opposed to 
the steering to achieve compliance with Standard No. 114, Theft 
Protection. Saab further disputed the petitioner's claim that there 
would be any need for modifications to achieve compliance with Standard 
No. 118 Power Window Systems, as all Saabs produced worldwide are wired 
so that the window transport is inoperative when the ignition is 
switched off. With respect to Standard No. 208, Occupant Crash 
Protection, Saab contended that certain non-U.S. certified 1987-1989 
Saab 900 S hatchbacks were equipped with motorized shoulder belts that 
could not be easily retrofitted on non-U.S. certified versions of those 
vehicles. Saab noted, however, that this equipment was installed on 
only a portion of its 1987-1989 Saab 900 S hatchback production, and 
not on other configurations of the vehicle.
    NHTSA accorded Champagne an opportunity to respond to Saab's 
comment. In its response, Champagne stated that a center high mounted 
stop lamp will be installed on non-U.S. certified 1987-1989 Saab 900 S 
passenger cars to comply with Standard No. 108. Additionally, Champagne 
stated that it will install a U.S.-model driver's side rearview mirror 
to comply with Standard No. 111. Champagne additionally conceded that 
Saab locks the transmission shift mechanism to achieve compliance with 
Standard No. 114, and that the vehicles meet this standard as produced 
from the factory. Additionally, Champagne acknowledged there is no need 
to modify non-U,S. certified 1987-1989 Saab 900 S passenger cars to 
achieve compliance with Standard No. 118 because all such vehicles 
comply with that standard as produced from the factory. With respect to 
Standard No. 208, Champagne contends that the vehicles it intends to 
import meet that standard as equipped from the factory. Champagne 
agrees that reinforcing beams necessary to comply with Standard No. 214 
are already installed in non-U.S. certified 1987-1989 Saab 900 S 
passenger cars. Additionally, Champagne acknowledges that there is no 
need to install a rollover valve to achieve compliance with Standard 
No. 301. Finally, Champagne acknowledges that non-U.S. certified 1987-
1989 Saab 900 S passenger cars are in compliance with the theft 
Prevention Standard in 49 CFR Part 541 because they are marked with the 
required VIN numbers prior to importation.
    NHTSA believes that Champagne's response adequately addresses the 
issues that Saab has raised regarding the petition. NHTSA further notes 
that Saab has not contended that non-U.S. certified 1987-1989 Saab 900 
S passenger cars are incapable of being readily altered to comply with 
applicable motor vehicle safety standards, and that the modifications 
described by Champagne, which have been performed with relative ease on 
thousands of motor vehicles imported over the years, would not preclude 
non-U.S. certified 1987-1989 Saab 900 S passenger cars from being found 
capable of being so altered. 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-270 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 hereby decides 
that non-U.S. certified 1987-1989 Saab 900 S passenger cars are 
substantially similar to 1987-1989 Saab 900 S passenger cars originally 
manufactured for importation into and 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 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: December 10, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-33225 Filed 12-15-98; 8:45 am]
BILLING CODE 4910-59-P