[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9423-9424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4398]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17179]


Notice of Receipt of Petition for Decision That Nonconforming 
2000 Land Rover Discovery Multipurpose Passenger Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000 Land Rover Discovery multipurpose passenger vehicles (MPVs) are 
eligible for importation.

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

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2000 Land Rover Discovery 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 29, 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.
    Eurosport Motorcars, Inc. of Cape Coral, Florida (``EMI'') 
(Registered Importer 01-291) has petitioned NHTSA to decide whether 
2000 Land Rover Discovery MPVs are eligible for importation into the 
United States. The vehicles that EMI believes are substantially similar 
are 2000 Land Rover Discovery 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 
2000 Land Rover Discovery 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.
    EMI submitted information with its petition intended to demonstrate 
that non-U.S. certified 2000 Land Rover Discovery 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 2000 
Land Rover Discovery MPVs are identical to their U.S. certified 
counterparts with respect

[[Page 9424]]

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, 119 New Pneumatic Tires for 
Vehicles other than Passenger Cars, 124 Accelerator Control Systems, 
135 Passenger Car Brake 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, 210 Seat 
Belt Assembly Anchorages, 212 Windshield Retention, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    Petitioner states that the vehicles are equipped with an anti-theft 
system that meets the requirements of the Theft Prevention Standard 
found in 49 CFR part 541.
    Petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: replacement of the 
speedometer with a U.S.-model component that reads in miles per hour or 
recalibration of the unit to read in miles per hour and placement of a 
label on the odometer face to indicate that it is calibrated in 
kilometers driven.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: replacement of the noncompliant headlamps, tail lamps, side 
markers, and reflectors with U.S.-model components.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component, or inscription of the 
required warning statement on the mirror's face.
    Standard No. 116 Motor Vehicle Brake Fluid: replacement of the 
vehicle's brake fluid with fluid that is certified to meet the 
standard.
    Standard No. 118 Power Window Systems: rewiring of the power window 
system so that the window transport will not operate when the ignition 
is switched to the ``off'' position.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles other 
than Passenger Cars: installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: replacement of the seat 
belt warning indicator with a U.S.-model component. The petitioner 
states that the vehicle is equipped with U.S.-model seat belts and air 
bags.
    Standard No. 214 Side Impact Protection: inspection of all vehicles 
and installation of U.S.-model door beams on vehicles that are not 
already so equipped.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
U.S.-model tether anchorages.
    Petitioner states that all vehicles must be inspected for 
compliance with the Bumper Standard found in 49 CFR part 581, and that 
reinforcements will be added to the bumpers of any vehicles that do not 
already so comply.
    In addition, the petitioner states that a vehicle identification 
number (VIN) plate must be affixed to the driver's side dashboard, and 
a certification label must be affixed to the latch post nearest the 
driver to meet the requirements of 49 CFR part 565.
    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 24, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-4398 Filed 2-26-04; 8:45 am]
BILLING CODE 4910-59-P