[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78868-78870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30335]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0058; Notice 2]


Decision That Certain 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 decision by the National Highway Traffic Safety 
Administration (NHTSA) that certain nonconforming 1994 and 1995 Land 
Rover Defender 90 multipurpose passenger vehicles are eligible for 
importation.

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

SUMMARY: This document announces a decision by NHTSA that a certain 
limited range of 1994 and 1995 Land Rover Defender 90 multipurpose 
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 (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 (the U.S.-
certified version of the 1994 and 1995 Land Rover Defender 90 MPVs), 
and (2) they are capable of being readily altered to conform to the 
standards.

DATES: This decision is effective December 16, 2008.

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.
    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.
    Export Auto Sales, Inc., of Chicopee, Massachusetts (Export Auto) 
(Registered Importer 01-284) petitioned NHTSA to decide whether all 
nonconforming 1994 and 1995 Land Rover Defender 90 MPVs are eligible 
for importation into the United States. In its petition, Export Auto 
compared these nonconforming vehicles to substantially similar U.S.-
certified 1994 and 1995 Land Rover Defender 90 MPVs. NHTSA published 
notice of the petition on March 31, 2008 (73 FR 16961) 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 Skytop Rover Co. (Skytop) 
of Philadelphia, Pennsylvania (Registered Importer 06-343) and Ford 
Motor Company (Ford) of Dearborn, Michigan as agent for Land Rover.

Skytop's and Ford's comments

    Skytop expressed concern that Export Auto's petition does not 
address several key modifications that Skytop considered necessary for 
the vehicles to meet various safety standards. Skytop first contends 
that there were two distinct versions of a cage assembly mounted on 
both the interior and the exterior of the U.S.-certified models sold in 
the United States. One version was for the pickup (open back) model and 
a different version was for the station wagon hardtop (closed-in back) 
model. Skytop asserted that the U.S.-model cages are necessary for the 
vehicles to conform to FMVSS No. 216 Roof Crush Resistance.
    Skytop's second contention is that the petition does not adequately 
address all modifications necessary to bring the vehicles into 
compliance with FMVSS No. 301 Fuel System Integrity. Specifically, 
Skytop states that structural modifications to the chassis as well as 
the addition of a rear step assembly and associated support brackets 
are required for the vehicles to conform to FMVSS No. 301.
    Skytop's third contention is that the rear step assembly is also 
required for the vehicles to conform to the bumper crash requirements 
of 49 CFR Part 581 Bumper Standard.
    Skytop's fourth contention is that the seat belt assembly 
anchorages do not conform to FMVSS No. 210 Seat Belt Assembly 
Anchorages because the part numbers for those components, as found on 
the nonconforming vehicles, differ from those on the U.S.-certified 
model.
    Skytop's fifth contention is that the nonconforming vehicles do not 
meet the requirements of FMVSS No. 114 Theft Protection because no seat 
belt audible warning system is present.
    Ford's comments detailed the differences between the U.S.-model 
vehicles and the nonconforming vehicles that effect compliance with the 
FMVSS. Ford's comments are summarized below under the heading of each 
standard the company addressed:

    FMVSS No. 101 Controls and Displays: The instrument cluster-
mounted telltails and speedometer unit of measure in the 
nonconforming vehicles may not comply with FMVSS No. 101.
    FMVSS No. 106 Brake Hoses: The brake hoses on Nonconforming 
vehicles do not have DOT markings.
    FMVSS No. 108 Lamps, Reflective Devices, and Associated 
Equipment: Nonconforming vehicles' front lamps and side marker lamps 
do not conform to FMVSS No. 108. All lamps mounted on the rear of 
the vehicles may not conform to FMVSS No. 108.
    FMVSS No. 110 Tire Selection and Rims: Nonconforming vehicles do 
not have a tire information placard.
    FMVSS No. 111 Rearview Mirrors: None of the mirrors on 
nonconforming vehicles conform to FMVSS No. 111. Also, the sun 
visors on the nonconforming vehicles are not compatible with the 
U.S.-model interior rearview mirror.
    FMVSS No. 114 Theft Protection: Nonconforming vehicles do not 
have the required key warning system. Nonconforming vehicles with 
automatic transmissions also do not have the required rollaway 
prevention device.
    FMVSS No. 116 Motor Vehicle Brake Fluids: Nonconforming vehicles 
do not have labeling that conforms to FMVSS No. 116.
    FMVSS No. 119 New Pneumatic Tires for Vehicles Other than 
Passenger Cars: Tires on nonconforming vehicles may not conform to 
the requirements of FMVSS no. 119.

[[Page 78869]]

    FMVSS No. 124 Accelerator Control Systems: The U.S.-model 
vehicles have a unique throttle design. The throttle installed on 
nonconforming vehicles has not been evaluated for conformance with 
FMVSS No. 124 by Land Rover.
    FMVSS No. 203 Impact Protection for the Driver from the Steering 
Control System: U.S.-model vehicles were equipped with a padded hub 
steering wheel and a compatible spline steering column. 
Nonconforming vehicles are not equipped with these features.
    FMVSS No. 205 Glazing Materials: Nonconforming vehicles may not 
be equipped with glazing that conforms to FMVSS No. 205.
    FMVSS No. 208 Occupant Crash Protection: Seat belts installed in 
nonconforming vehicles do not conform to the requirements of FMVSS 
no. 209. Nonconforming vehicles do not have audible or visual seat 
belt warning systems.
    FMVSS No. 209 Seat Belt Assemblies: Seat belts installed in 
nonconforming vehicles do not conform to the requirements of FMVSS 
no. 209.
    FMVSS No. 212 Windshield Mounting: U.S.-model vehicles have a 
safari cage installed with an additional front hoop to protect the 
windshield and comply with FMVSS No. 212. Some nonconforming 
vehicles may not have the full external front hoop installed.
    FMVSS No. 216 Roof Crush Resistance: Vehicles built prior to 
September 1, 1994 are not required to meet this standard. Non-U.S. 
certified vehicles built after September 1, 1994 may have a GVWR 
below the 6,000 lb. applicability cutoff, making it necessary for 
those vehicles to comply with the standard. U.S.-model vehicles were 
not certified to the standard because their GVWR exceeded the 
applicability cutoff. Nonconforming vehicles were not evaluated 
against these requirements by Land Rover and Ford cannot draw any 
conclusions about the necessary modifications required to comply 
with the regulation.
    FMVSS No. 219 Windshield Zone Intrusion: U.S.-model vehicles 
have a safari cage installed with an additional front hoop to 
protect the windshield and comply with FMNSS No. 219. Some 
nonconforming vehicles may not have the full external front hoop 
installed.
    FMVSS No. 301 Fuel System Integrity: The fuel tank and fuel 
lines were unique to the U.S.-model vehicles. Nonconforming 
vehicles, at a minimum, require installation of the rear step bar, 
rollover valve and inertia switch. Land Rover did not evaluate 
nonconforming vehicles to these requirements and Ford cannot draw 
any conclusions about the necessary modifications required to comply 
with FMVSS No. 301.
    49 CFR Part 565 Vehicle Identification number--Content 
Requirements: Non-U.S. certified vehicles do not have a check digit 
and the VIN plate is not visible.
    49 CFR Part 567 Certification: Non-U.S. certified vehicles do 
not have a certification label affixed to the B-pillar.
    49 CFR Part 575.105 Consumer Information Regulations: A sticker 
(i.e., a rollover label) is required on the driver's sun visor and 
is not installed on non-U.S. vehicles.

NHTSA's Response

    After NHTSA's initial review of the petition and the comments from 
Skytop and Ford, the agency found that the petitioner had failed to 
address many differences between the U.S.-model vehicles and the 
nonconforming vehicles that affect compliance with certain FMVSS. The 
petitioner also failed to fully provide sufficient details about which 
nonconforming vehicle body types could be considered to be 
substantially similar to the U.S.-model vehicle body types. Based on 
information provided by Ford, NHTSA has determined that only certain 2-
door pickup body style and certain 2-door station wagon hardtop 
configurations of the nonconforming vehicles can be considered to be 
substantially similar to the U.S.-model vehicles. Ford identified the 
substantially similar nonconforming vehicles as 1994 2-door pickup 
style, and 1994 and 1995 2-door station wagon hardtop style vehicles 
that have the characters ``A'' in the seventh position and ``M'' in the 
eight position of their vehicle identification number (VIN).
    With regard Skytop's comments NHTSA offers the following 
observations:

    (1) As previously discussed, there are two distinct body styles 
for the U.S.-conforming model, a 2-door pickup model and a 2-door 
station wagon hardtop model. Each model has a unique safari cage. 
After reviewing the comments received from both Skytop and Ford, 
NHTSA has determined that the presence of those unique U.S.-model 
safari cages is necessary for the vehicles to meet the requirements 
of several FMVSS as detailed below.
    (2) NHTSA agrees with Skytop that the fuel system in the 
nonconforming vehicles must be modified in order to conform to all 
applicable requirements of FMVSS No. 301. NHTSA did not receive any 
evidence indicating that any specific structural modifications would 
be required to conform the limited subset of vehicles identified as 
substantially similar to the U.S.-conforming vehicles to the 
applicable requirements of FMVSS No. 301. However, the presence of a 
complete U.S.-model fuel system is warranted, as described below.
    (3) The Bumper standard that is referred to by Skytop (49 CFR 
Part 581 Bumper Standard) does not apply to MPVs and is not a FMVSS. 
Therefore, a vehicle's conformity status with regard to 49 CFR Part 
581 cannot be a factor in deciding whether the vehicle is eligible 
for importation.
    (4) NHTSA agrees with Skytop that all seat belt anchorages 
should be inspected and U.S.-model components must be installed on 
vehicles not already so equipped to conform to FMVSS No. 210 as 
described below.
    (5) NHTSA agrees with Skytop that an audible key warning system 
must be installed in the nonconforming vehicles to conform to FMVSS 
No. 114 as described below.

    NHTSA agrees with Ford's descriptions of the differences between 
the nonconforming vehicles and the U.S.-conforming model vehicles.
    Based on Ford's and Skytop's comments concerning FMVSS Nos. 114, 
210 & 301, NHTSA has determined that in addition to the modifications 
described in Export Auto's petition, the following modifications must 
be performed to bring the nonconforming vehicles into compliance with 
all applicable FMVSS:

    FMVSS No. 101 Controls and Displays: Installation of U.S.-model 
speedometer and instrument cluster mounted telltale lamps or 
modification of existing components to achieve compliance with the 
standard.
    FMVSS No. 106 Brake Hoses: Inspection of the vehicles and 
replacement of any nonconforming brake hoses with U.S.-model 
components.
    FMVSS No. 105 Hydraulic and Electric Brake Systems: Inspection 
of all vehicles and installation of U.S.-model brake system 
components as needed to meet the labeling requirements of the 
standard on vehicles that are not already so equipped.
    FMVSS No. 108 Lamps, Reflective Devices, and Associated 
Equipment: Installation of U.S.-model front and rear side marker 
lamps. Inspection of all vehicles and replacement of any 
nonconforming front parking lamps, rear lamps, and reflex reflectors 
with U.S.-model components on vehicles that are not already so 
equipped.
    FMVSS No. 110 Tire Selection and Rims: Installation of a 
conforming tire and rim information placard.
    FMVSS No. 111 Rearview Mirrors: Installation of a U.S.-model 
interior rearview mirror and compatible sun visors if the existing 
sun visors interfere with the compliance of the U.S.-model interior 
mirror, and installation of U.S.-model driver's and passenger's side 
exterior mounted rearview mirrors.
    FMVSS No. 114 Theft Protection: Installation of a U.S.-model key 
warning system and installation of a U.S.-model park-interlock on 
vehicles with automatic transmissions.
    FMVSS No. 119 New Pneumatic Tires for Vehicles Other than 
Passenger Cars: Inspection of all vehicles and replacement of any 
tires that do not conform to the requirements of the standard.
    FMVSS No. 124 Accelerator Control Systems: Installation of a 
U.S.-model throttle, or production of test data showing that the 
existing throttle components conform to FMVSS No. 124.
    FMVSS No. 203 Impact Protection for the Driver from the Steering 
Control System: Installation of a U.S.-model padded steering wheel 
hub and a compatible U.S.-model spline column.
    FMVSS No. 208 Occupant Crash Protection: Installation of 
supplemental audible and visual seat belt warning systems and 
compatible U.S.-model seat belt components.

[[Page 78870]]

    FMVSS No. 209 Seat Belt Assemblies: Installation of U.S.-model 
seat belts.
    FMVSS No. 210 Seat Belt Assembly Anchorages: Inspection of all 
vehicles and installation, on vehicles that are not already so 
equipped, of U.S.-model anchorages.
    FMVSS No. 212 Windshield Mounting: Installation of the complete 
body style-specific U.S.-model safari cage including the full 
external front hoop on vehicles not already so equipped.
    FMVSS No. 216 Roof Crush Resistance: The substantially similar 
U.S.-model vehicles were not certified to FMVSS No. 216, either 
because they were manufactured before September 1, 1994, the date 
the standard became applicable to MPVs, or because their gross 
vehicle weight rating (GVWR) was 6,000 lbs. or greater. Therefore, 
nonconforming vehicles manufactured on or after September 1, 1994 
will only be eligible under this decision if they were manufactured 
with a GVWR greater than 2722 kg (6,000 lb).
    FMVSS No. 219 Windshield Zone Intrusion: Installation of the 
complete body style-specific U.S.-model safari cage including the 
full external front hoop.
    FMVSS No. 301 Fuel System Integrity: Installation of a U.S.-
model rear step bar, rollover valve, and inertia switch. Inspection 
of all vehicles and replacement of any non-U.S.-model fuel system 
components with U.S.-model components.
    49 CFR Part 565 Vehicle Identification number--Content 
Requirements: Nonconforming vehicles imported and certified by RIs 
are not required to have vehicle identification numbers (VINs) that 
conform to the style and content requirements of 49 CFR Part 565. 
However, as required by 49 CFR Part 565.5(b), the VIN that was 
assigned to an imported vehicle by its original manufacturer must be 
displayed on the certification label applied by the RI and must also 
be on a plate or label located inside the vehicle and visible.
    49 CFR Part 567 Certification: Installation of an RI's 
certification label as required by 49 CFR Part 567.2(b).
    49 CFR Part 575.105 Consumer Information Regulations: In 
addition to ensuring that converted vehicles conform to all 
applicable FMVSS, an RI who converts one of the subject vehicles 
must also install a rollover warning label on the driver's sun visor 
to meet the requirements of 49 CFR Part 757.105.

    While the modifications detailed above are extensive, NHTSA has 
decided that a specific subgroup of nonconforming 1994 and 1995 Land 
Rover Defender 90 MPVs are capable of being readily modified to conform 
to applicable FMVSS.
    Accordingly, the agency has decided to grant the petition subject 
to the limitations discussed below.

Applicability

    The applicability of this decision is limited to nonconforming 1994 
and 1995 Land Rover Defender 90 MPVs with the following 
characteristics:
    (1) 1994 Land Rover Defender 90 MPVs--2-door pickup only,
    (2) 1995 Land Rover Defender 90 MPVs--2-door pickup and 2-door 
station wagon hardtop only,
    (3) 1994 & 1995 Land Rover Defender 90 MPVs--The seventh position 
of the VIN must be the character ``A,''
    (4) 1994 & 1995 Land Rover Defender 90 MPVs--The eighth position 
must be the character ``M,''
    (5) 1994 & 1995 Land Rover Defender 90 MPVs manufactured on or 
after September 1, 1994--The GVWR assigned by the original manufacturer 
must be greater than 2722 kg.

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-512 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 has decided that 
the previously described subset of 1994 and 1995 Land Rover Defender 90 
MPVs that were not originally manufactured to comply with all 
applicable FMVSS are substantially similar to 1994 and 1995 Land Rover 
Defender 90 MPVs originally manufactured for 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.

    Issued on: December 16, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-30335 Filed 12-22-08; 8:45 am]
BILLING CODE 4910-59-P