[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Notices]
[Pages 7066-7067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3118]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17022]


Notice of Receipt of Petition for Decision That Nonconforming 
1997 Land Rover Defender 90 Multipurpose Passenger Vehicles Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1997 Land Rover Defender 90 multipurpose passenger vehicles (MPVs) are 
eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1997 Land Rover Defender 90 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 (1) they 
are substantially similar to vehicles that were originally manufactured 
for importation into and sale in the United States and that were 
certified by their manufacturer as complying with the safety standards, 
and (2) they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is March 15, 2004.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. 
to 5 p.m.]. Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA, 202-366-3151.

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 of the same model year that was originally 
manufactured for importation into and sale in the United States and 
certified under 49 U.S.C. 30115, and that the vehicle 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.
    Barry W. Taylor Enterprises, Inc. of Richmond, California (``BTE'') 
(Registered Importer 01-280) has petitioned NHTSA to decide whether 
1997 Land Rover Defender 90 MPVs are eligible for importation into the 
United States. The vehicles that BTE believes are substantially similar 
are 1997 Land Rover Defender 90 MPVs that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1997 Land Rover Defender 90 MPVs to their U.S.-certified counterparts, 
and found the vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    BTE submitted information with its petition intended to demonstrate 
that non-U.S. certified 1997 Land Rover Defender 90 MPVs, as originally 
manufactured, conform to many Federal motor vehicle safety standards in 
the same manner as their U.S.-certified counterparts, or are capable of 
being readily altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 1997 
Land Rover Defender 90 MPVs are identical to their U.S.-certified 
counterparts with respect to compliance with Standard Nos. 102 
Transmission Shift Lever Sequence, 103 Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic and 
Electric Brake Systems, 106 Brake Hoses, 113 Hood Latch Systems, 114 
Theft Protection, 116 Brake Fluid, 124 Accelerator Control Systems, 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, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention, 
216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 
Flammability of Interior Materials.
    Petitioner states that the vehicle is equipped with a vehicle 
identification number plate that complies with the requirements of 49 
CFR part 565 and with bumpers identical to those found on its U.S.-
certified counterpart that meet the requirements of the Bumper Standard 
found in 49 CFR part 581. Petitioner observes that the vehicle is not 
subject to the Theft Prevention Standard found in 49 CFR part 541.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) Replacement or 
conversion of the speedometer to read in miles per hour; (b) inspection 
of all vehicles to ensure that components subject to the standard are 
identical to those found on the vehicle's U.S.-certified counterpart.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlights; (b) modification 
of the amber sidemarker lights to meet the requirements of the 
standard; (c) inspection of all vehicles and replacement of 
noncompliant lighting system components with U.S-model parts on 
vehicles that are not already so equipped.
    Standard No. 111 Rearview Mirror: Inscription of the required 
warning statement on the face of the passenger side rearview mirror, or 
replacement of

[[Page 7067]]

the mirror with one that is already so marked.
    Standard No. 118 Power Window Systems: Inspection of all vehicles 
and modification of the wiring system, where necessary, to ensure 
compliance with the standard.
    Standard No. 119 New Pneumatic Tires for Vehicles other than 
Passenger Cars: Inspection of all vehicles to ensure compliance with 
the standard.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Inspection of all vehicles to ensure compliance with 
the standard. The petitioner asserts that the tires and rims on the 
non-U.S. certified vehicle it has examined are properly marked.
    Standard No. 201 Occupant Protection in Interior Impact: Inspection 
of all vehicles and replacement of any components subject to the 
standard that are not identical to those found on the vehicle's U.S.-
certified counterpart. The petitioner asserts that those components on 
the non-U.S. certified vehicle it has examined are identical to those 
found on the vehicle's U.S.-certified counterpart.
    Standard No. 208 Occupant Crash Protection: Inspection of all 
vehicles and modification, as necessary, to ensure compliance with the 
standard. The petitioner asserts that the occupant crash protection 
system on the non-U.S. certified vehicle it has examined is identical 
to that found on the vehicle's U.S.-certified counterpart.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and modification, as necessary, to ensure compliance with the standard. 
The petitioner asserts that the seat belt assemblies on the non-U.S. 
certified vehicle it has examined are in compliance with the standard.
    Standard No. 214 Side Impact Protection: Inspection of all vehicles 
and modification, as necessary, to ensure compliance with the standard. 
The petitioner asserts that the door beams on the non-U.S. certified 
vehicle it has examined are identical to those found on the vehicle's 
U.S.-certified counterpart.
    Standard No. 301 Fuel System Integrity: Installation of an OEM 
rollover valve to meet the requirements of the standard.
    The petitioner states that a certification label must be affixed to 
the driver's side door pillar to meet the requirements of the vehicle 
certification regulations in 49 CFR part 567.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., 
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is 
requested but not required that 10 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 final action on the petition 
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; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on February 9, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-3118 Filed 2-11-04; 8:45 am]
BILLING CODE 4910-59-P