[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Notices]
[Pages 69604-69606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29420]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5734; Notice 2]


Decision That Nonconforming 1994-1998 Land Rover Discovery Multi-
Purpose Passenger Vehicles Are Eligible for Importation

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

[[Page 69605]]


ACTION: Notice of decision by NHTSA that nonconforming 1994-1998 Land 
Rover Discovery multi-purpose passenger vehicles (MPVs) are eligible 
for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994-1998 
Land Rover Discovery MPVs 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 
1994-1998 Land Rover Discovery), and they are capable of being readily 
altered to conform to the standards.

DATE: 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. Sec. 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. 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.
    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.
    J.K. Technologies of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) petitioned NHTSA to decide whether 1994-1998 Land 
Rover Discovery MPVs not originally manufactured to conform to all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States. NHTSA published notice of the 
petition on June 3, 1999 (64 FR 29938) 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 Land Rover North America, Inc. (``Land Rover''), the United States 
representative of the Rover Group, the vehicles' manufacturer. In this 
comment, Land Rover identified several modifications beyond those 
specified in the petition that would be necessary to conform non-U.S. 
certified 1994-1998 Land Rover Discovery MPVs to all applicable Federal 
motor vehicle safety standards.
    Land Rover stated that non-U.S. certified 1994-1998 Land Rover 
Discovery MPVs are not equipped with a seat belt warning lamp, and that 
this component would have to be installed for the vehicles to comply 
with Standard No. 101, Controls and Displays. Land Rover also noted 
that in order to comply with Standard No. 101, the vehicles' instrument 
panel would have to be equipped with a means for adjusting the panel's 
illumination.
    Land Rover also stated that side reflectors would have to be 
installed on the vehicles to comply with Standard No. 108, Lamps, 
Reflective Devices, and Associated Equipment. Additionally, Land Rover 
noted that the vehicles' driver's side rearview mirror would have to be 
replaced with a flat glass U.S.-model component to comply with Standard 
No. 111, Rearview Mirrors. Land Rover also stated that a transmission 
shift interlock and ``key in ignition'' warning system would have to be 
installed for the vehicles to comply with Standard No. 114, Theft 
Protection.
    With respect to the requirements of Standard No. 208, Occupant 
Crash Protection, Land Rover observed that air bag systems are optional 
in some non-U.S. certified 1994-1998 Land Rover Discovery MPVs. As a 
consequence, Land Rover stated that some vehicles will require those 
systems (including sensors, warning lamps, air bags, air bag ECU, and 
warning harnesses) to be retrofitted, and that this may lead to quality 
control and subsequent reliability problems. Additionally, Land Rover 
noted that air bag labels must be molded into the front sun visors of 
non-U.S. certified 1994-1998 Land Rover Discovery MPVs. Land Rover 
additionally observed that prior to the 1997 model year, ALR/ELR seat 
belt retractors were not installed in the front and rear outboard 
seating positions of non-U.S. certified Land Rover Discovery MPVs.
    Land Rover also stated that there are significant differences 
between U.S. certified and non-U.S. certified 1994-1998 Land Rover 
Discovery MPVs with respect to compliance with Standard No. 301, Fuel 
System Integrity. A key difference cited by Land Rover is the addition 
of a stamped steel stiffening saddle welded to the frame of U.S. 
certified models to stiffen the fuel tank enclosures so that they may 
withstand rear impact testing to determine compliance with the 
standard. Land Rover stated that ``this stamped steel frame 
reinforcement is welded in place by the chassis manufacturer while the 
frame is mounted in a precise welding jig to ensure proper alignment 
and straightness.'' Land Rover contended that because this 
reinforcement is not available through the manufacturer's parts system, 
the entire chassis on a non-U.S. certified model would have to be 
replaced to achieve compliance with the standard. Land Rover further 
stated that in addition to the frame stiffener, there is a ``unique 
rear cross-member and integrally welded rear tow hitch that must also 
be fitted'' on non-U.S. certified models to comply with Standard No. 
301.
    Additionally, Land Rover stated that because diesel powered 
versions of non-U.S. certified 1994-1998 Land Rover Discovery MPVs have 
never been certified for sale in the United States, ``the entire fuel 
system including [the] fuel tank assembly may not comply'' with 
Standard No. 301. Land Rover asserted that the petitioner must conduct 
certification testing to ensure that diesel powered models comply with 
the standard before they may be imported into the United States.
    Land Rover also observed that gasoline powered non-U.S. certified 
1994-1998 Land Rover Discovery MPVs are equipped with some fuel system 
components that differ from those on U.S. certified models. Because 
Standard No. 301 compliance tests apply to the entire fuel system, Land 
Rover contended that the entire fuel system on non-U.S. certified 
vehicles must be modified so that it is materially identical to the 
fuel system on the U.S.-certified version.
    Land Rover also noted that a utility vehicle warning label must be 
affixed to the driver's sun visor of non-U.S. certified 1994-1998 Land 
Rover Discovery MPVs to meet the requirements of 49 CFR 575.105, 
Vehicle Rollover. Additionally, Land

[[Page 69606]]

Rover contended that the owners manual supplied with non-U.S. certified 
1994-1998 Land Rover Discovery MPVs must be replaced with the version 
supplied with U.S. certified models, because that version contains 
several Federally required messages and warning statements.
    Concluding its comments, Land Rover contended that non-U.S. 
certified 1994-1998 Land Rover Discovery MPVs are ineligible for 
importation into the United States because those vehicles are equipped 
with a chassis that differs significantly from the one on their U.S.-
certified counterparts, and that the chassis ``cannot be properly 
modified.''
    NHTSA accorded J.K. an opportunity to respond to Land Rover's 
comments. In its response, J.K. stated, with respect to the Standard 
No. 101 compliance issues raised by Land Rover, that it will replace 
the entire instrument cluster during conversion with one that includes 
all U.S.-model parts and associated systems, including the seatbelt 
warning systems and adjustable instrument illumination control. With 
respect to the Standard 108 issue raised by Land Rover, J.K. stated 
that it will change the bumper ends in the conversion process, and that 
the U.S. model ends it will install are equipped with marker lights. 
J.K. additionally stated that all vehicles will be inspected for 
compliance with Standard No. 111 at the time of importation, and that 
U.S. model mirror systems will be installed if necessary during the 
conversion process. Similarly, J.K. stated that all vehicles will be 
inspected for compliance with Standard No. 114 at the time of 
importation, and that a transmission interlock switch, which 
incorporates the key warning micro-switch, will be added to vehicles 
lacking that device.
    J.K. also stated that all vehicles will be inspected for compliance 
with Standard No. 208 at the time of importation, and that all parts 
necessary to achieve compliance with that standard will be added during 
the conversion process. J.K. noted that all parts necessary to conform 
the vehicles' air bag system to the standard are available through 
dealers or the original equipment manufacturer, including sensors, 
warning lamps, air bags, air bag ECU, and warning harnesses. J.K. also 
stated that air bag labels will be attached to the front sun visors 
during the conversion process, and that ALR/ELR seat belt retractors 
will be fitted in 1996 and earlier model year vehicles.
    With regard to the Standard No. 301 compliance issues raised by 
Land Rover, J.K. stated that all frame modifications made by the 
manufacturer to achieve compliance with that standard can be 
accomplished in a similar manner during conversion, using a precise 
welding jig to ensure proper alignment and straightness during 
installation. Likewise, J.K. asserted that the rear cross-member and 
integrally welded rear tow hitch receiver modifications applied by the 
manufacturer can be accomplished during conversion. J.K. also stated 
that during conversion, all fuel system components will be replaced 
with U.S. model components to meet EPA requirements, and modified to 
the same material condition as those on the U.S. certified vehicle. 
J.K. also stated that all required manuals and labels are added during 
the conversion process.
    NHTSA believes that J.K.'s response adequately addresses the issues 
that Land Rover has raised regarding the petition. NHTSA further notes 
that the modifications described by J.K. would not preclude non-U.S. 
certified 1994-1998 Land Rover Discovery MPVs 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-338 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 1994-1998 Land Rover Discovery MPVs that were not originally 
manufactured to conform to all applicable Federal motor vehicle safety 
standards are substantially similar to 1994-1998 Land Rover Discovery 
MPVs 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: November 13, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety, Compliance.
[FR Doc. 00-29420 Filed 11-16-00; 8:45 am]
BILLING CODE 4910-59-P