[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45487-45488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15480]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17022; Notice 2]


Decision That Nonconforming 1997 Land Rover Defender 90 Multi-
Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 1997 Land Rover Defender 90 multi-
purpose passenger vehicles are eligible for importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 1997 Land Rover 
Defender 90 multi-purpose passenger vehicles (MPVs) that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards (FMVSS) 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 that were certified by their manufacturer as complying with 
the safety standards (the U.S. certified version of the 1997 Land Rover 
Defender 90 MPV), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision was effective March 18, 2004.

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 FMVSS 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 as required 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 FMVSS.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being altered to comply with, all applicable 
FMVSS based on destructive test data or such other evidence as NHTSA 
decides to be adequate.
    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), petitioned NHTSA to decide 
whether 1997 Land Rover Defender 90 MPVs are eligible for importation 
into the United States. NHTSA published notice of the petition on 
February 12, 2004 (69 FR 7066) 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 J.K. Technologies, L.L.C., of Baltimore, Maryland (``JK''), 
another Registered Importer. In this comment, JK asserted, on the basis 
of information from the 1998 edition of the National Insurance Crime 
Bureau (NICB) Passenger Vehicle Identification Manual, that the vehicle 
manufacturer had not originally manufactured for importation into, and 
sale in, the United States Land Rover Defender 90 model MPVs during the 
1997 model year. JK observed that owing to the absence of a 
substantially similar U.S. certified version of the vehicle, the 
petition should be processed under 49 U.S.C. 30141(a)(1)(B), instead of 
49 U.S.C. 30141(a)(1)(A).
    NHTSA subsequently contacted Land Rover North America (``LRNA''), 
the

[[Page 45488]]

U.S. representative of the manufacturer of the Land Rover Defender 90 
MPV, to learn whether the company had originally manufactured for 
importation into and sale in the United States Land Rover Defender 90 
model MPVs as 1997 model year vehicles. LRNA stated in response that 
they had in fact imported into the United States for sale Defender 90 
model MPVs that it designated as model year 1997 vehicles. Noting that 
similar vehicles were manufactured for many markets around the world, 
LRNA stated that only those with the vehicle identification number 
(``VIN'') prefix ``SALDV224*VA'' or ``SALDV324*VA'' should be 
considered substantially similar to vehicles originally manufactured 
for importation into and sale in the U.S., and as having the capability 
of being modified to comply with the FMVSS in the manner described in 
the subject petition.
    LRNA called into question the petition's claim that the vehicles 
may require modification to conform to FMVSS No. 118 Power-Operated 
Window, Petition, and Roof Panel Systems in light of the fact that the 
1997 Defender 90 model MPVs that were imported and sold in the United 
States were not equipped with power operated window systems.
    In addition, LRNA stated that because none of the 1997 Defender 90 
model MPVs were equipped with automatic restraint systems, only those 
manufactured prior to September 1, 1997, were imported for sale into 
the United States.
    In view of JK's comments, and the LRNA response, NHTSA has decided 
to grant import eligibility only to 1997 Land Rover Defender 90 MPVs 
identified by VIN prefix ``SALDV224*VA'' or ``SALDV324*VA'' that were 
manufactured prior to September 1, 1997.

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-432 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 1997 Land Rover Defender 90 MPVs that were not originally 
manufactured to comply with all applicable FMVSS, but that have been 
assigned VIN prefix ``SALDV224*VA'' or ``SALDV324*VA'' and were 
manufactured prior to September 1, 1997, are substantially similar to 
1997 Land Rover Defender 90 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 FMVSS.

    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. 05-15480 Filed 8-4-05; 8:45 am]
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