[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Pages 49944-49946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18483]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18849]


Notice of Receipt of Petition for Decision That Nonconforming 
1994-1997 Right Hand Drive (RHD) Honda Accord Sedan and Wagon Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994-1997 Right Hand Drive (RHD) Honda Accord sedan and wagon passenger 
cars 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 
1994-1997 RHD Honda Accord sedans and wagons 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 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 September 27, 
2004.

[[Page 49945]]


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 originally manufactured for 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, 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.
    American Auto Dream of Costa Mesa, California (``AAD'') (Registered 
Importer 02-224) has petitioned NHTSA to decide whether 1994-1997 RHD 
Honda Accord sedans and wagons are eligible for importation into the 
United States. The vehicles that AAD believes are substantially similar 
are 1994-1997 left hand drive (LHD) Honda Accord sedans and wagons that 
were manufactured for 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 
1994-1997 RHD Honda Accord sedans and wagons to their U.S.-certified 
LHD counterparts (which the petitioner states are manufactured in the 
same plant and on the same assembly line), and found the vehicles to be 
substantially similar with respect to compliance with most Federal 
motor vehicle safety standards.
    AAD submitted information with its petition intended to demonstrate 
that non-U.S. certified 1994-1997 RHD Honda Accord sedans and wagons, 
as originally manufactured, conform to many Federal motor vehicle 
safety standards in the same manner as their U.S.-certified LHD 
counterparts, or are capable of being readily altered to conform to 
those standards.
    Specifically, the petitioner claims that non-U.S. certified 1994-
1997 RHD Honda Accord sedans and wagons are identical to their U.S.-
certified LHD counterparts with respect to compliance with Standard 
Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and 
Transmission Braking Effect, 103 Windshield Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic and 
Electric Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 
Hood Latch System, 114 Theft Protection, 116 Motor Vehicle Brake 
Fluids, 118 Power-Operated Window, Partition, and Roof Panel Systems, 
124 Accelerator Control Systems, 201 Occupant Protection in Interior 
Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 208 Occupant Crash Protection, 209 
Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1994-
1997 RHD Honda Accord sedans and wagons comply with the Bumper Standard 
found in 49 CFR part 581.
    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: (a) Substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp; (b) recalibration of the speedometer/odometer 
from kilometers to miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamp assemblies, and (b) 
installation of front sidemarker lamp assemblies that incorporate side 
reflex reflectors.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Inscription of the required 
warning statement on the passenger side rearview mirror.
    Standard No. 301 Fuel System Integrity: Installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    The petitioner states that a vehicle identification number plate 
must be affixed to all non-U.S. certified 1994-1997 RHD Honda Accord 
sedans and wagons to meet the requirements of 49 CFR part 565.
    The petitioner additionally states that all vehicles will be 
inspected prior to importation to assure compliance with the Theft 
Prevention Standard at 49 CFR part 541, and that vehicles will be 
modified, if necessary, to comply with that standard.
    Interested persons are invited to submit comments on the petition 
described above. In addition, NHTSA specifically requests comments 
addressing the issue of whether an RHD vehicle can be properly 
considered ``substantially similar'' to an LHD vehicle of the same 
make, model, and model year.
    While there is no specific prohibition on the importation of an RHD 
vehicle, our policy has been that such vehicles may not be imported 
under eligibility decisions that cover only the LHD version of the 
vehicle. We have taken this position because our experience has shown 
that the safety performance of an RHD vehicle is not necessarily the 
same as that of an apparently similar LHD vehicle that is offered for 
sale in this country. However, we will consider an RHD vehicle to be 
``substantially similar'' to a U.S.-certified LHD vehicle (and 
therefore eligible for importation under a decision covering the LHD 
version) if the manufacturer advises us that the RHD vehicle would 
perform the same as the U.S.-certified LHD vehicle in dynamic crash 
tests. Absent such a showing, which indicates to us that the 
manufacturer has conducted a due care assessment of compliance of a RHD 
version with all applicable FMVSS, the RI must petition the agency 
under 49 CFR 593.5(2) to determine the vehicle eligible for 
importation. To be granted, the petition must demonstrate that the 
vehicle, when modified, would comply

[[Page 49946]]

with all applicable Federal motor vehicle safety standards, including 
those for which dynamic crash testing is prescribed.
    By submitting the petition at issue, AAS is requesting that NHTSA 
reevaluate this policy for an RHD vehicle that is manufactured in the 
same plant, and on the same assembly line, as its U.S.-certified 
counterpart. In processing this petition, we have decided that a 
comment period of 45 days is necessary to afford interested parties an 
opportunity to respond to the issues that it raises. We are 
particularly interested in comments concerning the likelihood that the 
RHD vehicle at issue, which is assembled on the same assembly line as 
its U.S.-certified LHD counterpart, would, by virtue of that fact, 
perform the same as the U.S.-certified vehicle in dynamic crash tests 
as well as crash avoidance tests.
    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 04-18483 Filed 8-11-04; 8:45 am]
BILLING CODE 4910-59-U