[Federal Register Volume 72, Number 203 (Monday, October 22, 2007)]
[Notices]
[Pages 59585-59586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20772]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26357; Notice 2]


Decision That Nonconforming 1999-2000 Hatty 45 Foot Double-Axle 
Trailers Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 1999-2000 Hatty 45 foot double-axle 
trailers are eligible for importation.

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[[Page 59586]]

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 1999-2000 Hatty 45 
foot double-axle trailers 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 have safety features that comply with, or are capable of being 
altered to comply with, all applicable FMVSS.

DATES: This decision was effective April 19, 2007. The agency notified 
the petitioner at that time that the petition had been granted. This 
document provides public notice of that decision.

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 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 Taylor Enterprises of Richmond, California (BTE)(Registered 
Importer 01-280) petitioned NHTSA to decide whether 1999-2000 Hatty 45 
foot double-axle trailers are eligible for importation into the United 
States. NHTSA published notice of petition on November 21, 2006 (71 FR 
67424) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition.
    Comments were received in response to the notice of the petition 
from ArvinMeritor, Inc., d.b.a. Meritor WABCO (WABCO), the manufacturer 
of the ABS braking system components installed on the subject vehicles. 
WABCO stated that the purpose for its comments are; to provide detailed 
information about the capabilities of the ABS system installed on the 
subject vehicles and to describe differences between that system and 
those installed in typical U.S. conforming vehicles regarding the 
activation signal and control system programming for the lamp check 
function of the antilock malfunction indicator lamp (required by 
paragraph S5.2.3.3 of FMVSS No. 121 Air Brake Systems).
    In its review of the petition, NHTSA found insufficient data, 
views, and arguments for it to make a determination as to conformity of 
the subject vehicles with FMVSS No. 223, Rear Impact Guards and FMVSS 
No. 224, Rear Impact Protection. As a result, NHTSA requested that BTE 
provide test data demonstrating that the rear impact guards originally 
installed on the subject trailers met or were capable of being altered 
to meet the requirements of FMVSS Nos. 223 and 224. BTE responded by 
stating that it had been unable to obtain the necessary test 
documentation. As an alternative to providing the test data, BTE 
proposed that conformance could be achieved by installing a replacement 
rear impact guard that was certified by its manufacturer as conforming 
to all applicable requirements of FMVSS No. 223, provided that it was 
installed as required by FMVSS No. 224.
    NHTSA's Analysis: After reviewing the petition as well as the 
supplemental information received from both BTE and WABCO, NHTSA 
determined that the subject vehicles were capable of being altered to 
conform with all applicable safety standards. However, the agency 
concluded that the RI must demonstrate, in the conformity statement 
submitted for any vehicle imported under this eligibility decision, 
that the following modifications, in addition to those included in the 
instant petition, have been made:
    Standard No. 121 Air Brake Systems: inspection of the vehicles and 
rewiring and/or reprogramming of the ABS brake control system to ensure 
that the antilock malfunction indicator lamp functions as required by 
the standard.
    Standard No. 223, Rear Impact Guards: installation of a rear impact 
guard that is certified as conforming to the requirements of FMVSS No. 
223.
    Standard No. 224, Rear Impact Protection: installation of a rear 
impact guard that is certified as conforming to the requirements of 
FMVSS No. 223 in a manner that meets the requirements of FMVSS No. 224.
    Based on these considerations, the agency decided to grant this 
petition.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA has decided that 
1999-2000 Hatty 45 foot double-axle trailers that were not originally 
manufactured to comply with all applicable FMVSS have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable FMVSS.

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. 
VCP-38 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: October 16, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-20772 Filed 10-19-07; 8:45 am]
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