[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16961-16962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6503]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0058]


Notice of Receipt of Petition for Decision That Nonconforming 
1994 and 1995 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 
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles 
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 and 1995 Land Rover Defender 90 multipurpose passenger vehicles 
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 (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 April 30, 2008.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

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 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.
    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

[[Page 16962]]

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.
    Export Auto sales, Inc., of Chicopee, Massachusetts (Export 
Auto)(Registered Importer 01-284) has petitioned NHTSA to decide 
whether nonconforming 1994 and 1995 Land Rover Defender 90 multipurpose 
passenger vehicles are eligible for importation into the United States. 
The vehicles which Export Auto believes are substantially similar are 
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles 
that were manufactured for sale in the United States and certified by 
their manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified 
1994 and 1995 Land Rover Defender 90 multipurpose passenger vehicles to 
their U.S.-certified counterparts, and found the vehicles to be 
substantially similar with respect to compliance with most FMVSS.
    Export Auto submitted information with its petition intended to 
demonstrate that non-U.S. certified 1994 and 1995 Land Rover Defender 
90 multipurpose passenger vehicles, as originally manufactured, conform 
to many FMVSS 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 1994 
and 1995 Land Rover Defender 90 multipurpose passenger vehicles 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, 107 
Reflecting Surfaces, 113 Hood Latch Systems, 114 Theft Protection, 115 
Vehicle Identification Number--Basic Requirements, 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, 211 Wheel Nuts, Wheel Discs and Hub Caps, 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.
    Petitioner also 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 
and replacement of noncompliant components with U.S-model parts on 
vehicles that are not already so equipped.
    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 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 U.S.-
model rollover valve to meet the requirements of the standard.
    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 addresses 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: March 25, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-6503 Filed 3-28-08; 8:45 am]
BILLING CODE 4910-59-P