Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40395

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 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 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.

NHTSA received petitions from

registered importers to decide whether

the vehicles listed in Annex A to this

notice are eligible for importation into

the United States. To afford an

opportunity for public comment,

NHTSA published notice of these

petition as specified in Annex A. The

reader is referred to those notices for a

thorough description of the petitions.

No comments were received in response

to these notices. Based on its review of

the information submitted by the

petitioners, NHTSA has decided to grant

the petitions.

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. Vehicle eligibility

numbers assigned to vehicles admissible

under this decision are specified in

Annex A.

Final Decision

Accordingly, on the basis of the

foregoing, NHTS hereby decides that

each motor vehicle listed in Annex A to

this notice, which was not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards, is substantially similar to a

motor vehicle manufactured for

importation into and/or sale in the

United States, and certified under 49

U.S.C. § 30115, as specified in Annex A,

and is capable of being readily altered

to conform to all applicable Federal

motor vehicle safety standards.

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: July 22, 1997.

Marilynne Jacobs, Director,

Office of Vehicle Safety Compliance.

Annex A

Nonconforming Motor Vehicles Decided To

Be Eligible for Importation

1. Docket No. 97–022

Nonconforming Vehicle: 1994 MercedesBenz S600L

Substantially similar U.S.-certified vehicle:

1994 Mercedes-Benz S600

Notice of Petition published at: 62 FR 19649

(April 22, 1997)

Vehicle Eligibility Number: VSP–214

2. Docket No. 97–023

Nonconforming Vehicles: 1995 Saab 900 SE

Substantially similar U.S.-certified vehicles:

1995 Saab 900 SE

Notice of Petition published at: 62 FR 19166

(April 18, 1997)

Vehicle Eligibility Number: VSP–213

3. Docket No. 97–032

Nonconforming Vehicle: 1989 Chrysler

Shadow (Middle Eastern Market)

Substantially similar U.S.-certified vehicle:

1989 Dodge Shadow

Notice of Petition published at: 62 FR 28753

(May 27, 1997)

Vehicle Eligibility Number: VSP–216

4. Docket No. 97–034

Nonconforming Vehicle: 1988 Jaguar XJ6

Sovereign

Substantially similar U.S.-certified vehicle:

1988 Jaguar XJ6 Sovereign

Notice of Petition published at: 62 FR 28530

(May 23, 1997)

Vehicle Eligibility Number: VSP–215

[FR Doc. 97–19768 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–59–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. 97–025; Notice 2]

Decision that Certain Nonconforming

1993 Land Rover Defender 110 MultiPurpose Passenger Vehicles are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that certain nonconforming 1993 Land

Rover Defender 110 multi-purpose

passenger vehicles (MPVs) are eligible

for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1993 Land

Rover Defender 110 MPVs that were not

originally manufactured to comply with

all applicable Federal motor vehicle

safety standards, are eligible for

importation into the United States

because they are substantially similar to

a vehicle originally manufactured for

importation into and sale in the United

States and certified by its manufacturer

as complying with the safety standards

(the U.S.-certified version of the 1993

Land Rover Defender 110), and they are

capable of being readily altered to

conform to the standards.

DATES: This decision is effective as of

the date of its publication in the Federal

Register.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–366–

5306).

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 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 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.

Wallace Environmental Testing

laboratories, Inc. Of Houston, Texas

(‘‘Wallace’’) (Registered Importer No. R–

90–005) petitioned NHTSA to decide

whether 1993 Land Rover Defender 110

MPVs are eligible for importation into

the United States. NHTSA published

notice of the petition on April 18, 1997

(62 FR 19167) to afford an opportunity

for public comment. As stated in the
40396 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices

notice of petition, the vehicle which

Wallace believes is substantially similar

is the 1993 Land Rover Defender 110

that was manufactured for importation

into, and sale in, the United States and

certified by its manufacturer as

conforming to all applicable Federal

motor vehicle safety standards.

The petitioner contended that it

carefully compared the non-U.S.

certified 1993 Land Rover Defender 110

to its U.S. certified counterpart, and

found the two models to be

substantially similar with respect to

compliance with most applicable

Federal motor vehicle safety standards.

Wallace submitted information with

its petition intended to demonstrate that

the non-U.S. certified 1993 Land Rover

Defender 110, as originally

manufactured, conforms to many

Federal motor vehicle safety standards

in the same manner as its U.S. certified

counterpart, or is capable of being

readily altered to conform to those

standards.

Specifically, the petitioner claimed

that the non-U.S. certified 1993 Land

Rover Defender 110 is identical to its

U.S. certified counterpart with respect

to compliance with Standards Nos. 102

Transmission Shift Lever Sequence

* * *., 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and

Washing Systems, 105 Hydraulic

Brake Systems, 106 Brake Hoses, 113

Hood Latch Systems, 116 Brake Fluid,

119 New Pneumatic Tires for Vehicles

other than Passenger Cars, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

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, 209 Seat Belt

Assemblies, 211 Windshield Mounting,

212 Windshield Retention, 214 Side

Impact Protection, 219 Windshield

Zone Intrusion, and 302 Flammability

of Interior Materials.

Petitioner also contended that the

vehicle is capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: replacement of the

speedometer/odometer with one

calibrated in miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Replacement of the headlight and

taillight assemblies with conforming

parts; (b) installation of turnsignal lens

assemblies and sidemarkers.

Standard No. 111 Rearview Mirrors:

inscription of the required warning

statement on the passenger-side

rearview mirror.

Standard No. 114 Theft Protection:

installation of a warning buzzer in the

ignition switch.

Standard No. 120 Tire Selection and

Rims for Vehicles other than Passenger

Cars: installation of a tire information

placard.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a seat belt

warning system; (b) installation of lap

belts adjustable by means of an

emergency locking retractor in the rear

side mount seats. The petitioner stated

that the vehicle is equipped at each

front and rear outboard seating position

with Type 2 lap and shoulder belts that

are adjustable by means of an

emergency locking retractor.

Additionally, the petitioner stated that

the vehicle is equipped with a Type 1

lap belt in the rear center designated

seating position.

Standard No. 210 Seat Belt

Assembly Anchorages: installation of

seat belt anchorages at the rear side

mount seating positions.

Standard No. 216 Roof Crush

Resistance: installation of an internal

and external roll cage assembly

identical to the one found on the

vehicle’s U.S.-certified counterpart.

Standard No. 301 Fuel System

Integrity: installation of a rear bumper

assembly with supports attached to the

frame to provide protection to the fuel

tank.

One comment was received in

response to the notice of petition, from

Land Rover North America Inc., (‘‘Land

Rover’’), the United States

representative of the Rover Group Ltd.,

the vehicle’s manufacturer. In its

comment, Land Rover stated that a

stamped steel stiffening saddle is

welded to the frame of the U.S. certified

1993 Land Rover Defender 110 to stiffen

the fuel tank enclosure so that it can

withstand rear impact testing under

Standard No. 301. Land Rover stated

that the stamped steel reinforcement is

not available through the company’s

parts system, requiring replacement of

the entire chassis. Arguing that a vehicle

requiring chassis replacement cannot be

‘‘readily altered,’’ Land Rover

contended that the non-U.S. certified

1993 Land Rover Defender 110 does not

meet the import eligibility criteria

specified in 49 U.S.C.

§ 30141(a)(1)(A)(iv). Land Rover further

noted that weld nuts were added to the

rear cross member of the U.S. certified

1993 Land Rover Defender 110 to mount

the rear bumper/step, but that these

parts were omitted from non-U.S.

production. Additionally, Land Rover

stated that the fuel tank on the U.S.

certified 1993 Land Rover Defender 110

was modified to stiffen the fuel sender

opening to reduce deformation and

subsequent fuel leakage after Standard

No. 301 rear impact tests. Because the

non-U.S. certified 1993 Land Rover

Defender 110 was never subjected to

that testing, Land Rover stated that it is

unable to comment on that vehicle’s

ability to meet the standard. Land Rover

finally noted that the steering column,

steering wheel and steering wheel hub

pad on the U.S. certified 1993 Land

Rover Defender 110 were modified to

meet Standard No. 208 compliance

tests.

NHTSA accorded Wallace an

opportunity to respond to Land Rover’s

comments. In its response, Wallace

stated that the steering column, steering

wheel, and steering wheel hub pad on

the non-U.S. certified 1993 Land Rover

Defender 110 can be readily replaced

with U.S.-model components to meet

the requirements of Standard No. 208.

Additionally, Wallace contended that

the fuel tank on the non-U.S. certified

1993 Land Rover Defender 110 can be

readily replaced with a U.S.-model tank

to meet the requirements of Standard

No. 301. Contrary to Land Rover’s

assertion that a new chassis

incorporating the stamped steel

reinforcement would have to be

installed to meet the rear impact

requirements of this standard, Wallace

contended that it is only necessary to

install the reinforcement itself. Based on

consultations with professional welding

companies, Wallace described this

modification as a straight forward

process utilizing identical material

welded in the identical location.

NHTSA has reviewed each of the

issues that Land Rover has raised

regarding Wallace’s petition. NHTSA

believes that Wallace’s responses

adequately address each of those issues.

NHTSA further notes that the

modifications described by Wallace

would not preclude the 1993 Land

Rover Defender 110 from being found

‘‘capable of being readily altered to

comply with applicable motor vehicle

safety standards.’’

NHTSA has accordingly decided to

grant the petition.

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–212 is the

vehicle eligibility number assigned to

vehicles admissible under this decision.
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40397

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that a

1993 Land Rover Defender 110 that was

not originally manufactured to comply

with all applicable Federal motor

vehicle safety standards, is substantially

similar to a 1993 Land Rover Defender

110 that was originally manufactured

for importation into and sale in the

United States and certified under 49

U.S.C. § 30115, and is capable of being

readily altered to conform to all

applicable Federal motor vehicle safety

standards.

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: July 22, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–19770 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Office of Hazardous Materials Safety;

Notice of Applications for Modification

of Exemption

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: List of applications for

modification of exemptions.

SUMMARY: In accordance with the

procedures governing the application

for, and the processing of, exemption

from the Department of Transportation’s

Hazardous Materials Regulations (49

CFR Part 107, Subpart B), notice is

hereby given that the Office of

Hazardous Materials Safety has received

the applications described herein. This

notice is abbreviated to expedite

docketing and public notice. Because

the sections affected, modes of

transportation, and the nature of

application have been shown in earlier

Federal Register publications, they are

not repeated here. Requests for

modifications of exemptions (e.g. to

provide for additional hazardous

materials, packaging design changes,

additional mode of transportation, etc.)

are described in footnotes to the

application number. Application

numbers with the suffix ‘‘M’’ denote a

modification request. These

applications have been separated from

the new applications for exemptions to

facilitate processing.

DATES: Comments must be received on

or before August 12, 1997.

ADDRESS COMMENTS TO: Dockets Unit,

Research and Special Programs,

Administration, U.S. Department of

Transportation, Washington, DC 20590.

Comments should refer to the

application number and be submitted in

triplicate. If confirmation of receipt of

comments is desired, include a selfaddressed stamped postcard showing

the exemption number.

FOR FURTHER INFORMATION CONTACT:

Copies of the application are available

for inspection in the Dockets Unit,

Room 8426, Nassif Building, 400 7th

Street SW, Wasington, DC.

Application No. Docket No. Applicant

Renewal

of

exemption

6922–M ............................................. ........................... Halocarbon Products Co., N. Augusta, SC (See Footnote 1) .................... 6922

9064–M ............................................. ........................... Propack, Inc., Essington, PA (See Footnote 2) .......................................... 9064

10020–M ........................................... ........................... Allwaste, Inc., Houston, TX (See Footnote 3) ............................................. 10020

11378–M ........................................... ........................... Astrotech Space Operations, Inc., Titusville, FL (See Footnote 4) ............ 11378

11380–M ........................................... ........................... Western Atlas Logging Services, Houston, TX (See Footnote 5) .............. 11380

11512–M ........................................... ........................... Alaska Eskimo Whaling Commission, Barrow, AK (See Footnote 6) ......... 11512

11836–M ........................................... RSPA–97–

2572–4

HCI USA Distribution Companies, Inc., Greensboro, NC (See Footnote 7) 11836

11888–M ........................................... RSPA–97–

2583–2

Day & Zimmermann, Inc., Parsons, KS (See Footnote 8) .......................... 11888

1To modify the exemption to provide for use of alternative metal for DOT Specification 106A500–X multi-unit tank car tank, for shipment of certain compressed gases. 2To modify the exemption to provide for ocean transportation as an additional mode for use in transporting corrosive materials in glass containers placed in cushioned cylindrical steel overpacks. 3To modify the exemption to provide for the transportation of a Division 4.2 hazardous materials in non-DOT specification roll-on/roll-off containers. 4To modify the exemption to provide for ocean transportation as an alternative mode for use in transporting certain hazardous materials in

non-DOT specification stainless steel cylinders. 5To modify the exemption to provide for several technical changes to the non-DOT specification cylinders for use in transporting compressed

hydrocarbon gases. 6To reissue the exemption originally issued on an emergency basis to authorize the transportation in commerce of Black powder, Division

1.1D., by cargo aircraft only. 7To reissue the exemption originally issued on an emergency basis for the transportation of polyethylene drums for use in transporting nonbulk quantities of ammonia solutions, Class 8. 8To reissue the exemption originally issued on an emergency basis to authorize the shipment of substances, explosive, n.o.s. mixture, which is

not authorized by the Hazardous Materials Regulations, in a specially designed packaging.

This notice of receipt of applications

for modification of exemptions is

published in accordance with Part 107

of the Hazardous Materials

Transportations Act (49 U.S.C. 1806; 49

CFR 1.53(e)).

Issued in Washington, DC, on July 22,

1997.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials

Exemptions and Approvals.

[FR Doc. 97–19771 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–60–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Office of Hazardous Materials Safety;

Notice of Applications for Exemptions

AGENCY: Research and Special Programs

Administration, DOT.