[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1804-1805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-793]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-127; Notice 1]


Notice of Tentative Decision That Nonconforming 1986 Daimler 
Limousines Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on tentative decision that nonconforming 
1986 Daimler Limousines are eligible for importation.

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SUMMARY: This notice requests comments on a tentative decision by the 
National Highway Traffic Safety Administration (NHTSA) that a 1986 
Daimler Limousine that was not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards is eligible for 
importation into the United States because it has safety features that 
comply with, or are capable of being altered to comply with, all such 
standards.

DATES: The closing date for comments on this tentative decision is 
February 12, 1997.

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 (FMVSS) shall be refused admission into the 
United States unless NHTSA has decided, either pursuant to a petition 
from the manufacturer or registered importer or on its own initiative, 
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. 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 Federal motor vehicle safety standards 
based on destructive test data or such other evidence as NHTSA decides 
to be adequate.
    On May 9, 1996, NHTSA received from Champagne Imports, Inc. of 
Lansdale, Pennsylvania (``Champagne'') (Registered Importer No. 90-009) 
a petition to decide whether a 1987 Daimler Limousine that was not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards is eligible for importation into the United 
States. Champagne contended that this vehicle is eligible for 
importation under 49 U.S.C. 30141(a)(1)(A), on the basis that it is 
substantially similar to a 1985 Daimler Limousine that NHTSA determined 
to be eligible for importation through a notice published on July 20, 
1992 at 57 FR 32051.
    After reviewing the petition, NHTSA informed Champagne that the 
petition could not receive further consideration because the 
``substantially similar'' vehicle it identified was not originally 
manufactured for import into and sale in the United States, as required 
under 49 U.S.C. 30141(a)(1)(A)(i), and was not of the same model year 
as the vehicle that was sought to be imported, as required under 49 
U.S.C. 30141(a)(1)(A)(iii). In light of these circumstances, NHTSA 
advised Champagne to modify its petition to request that the vehicle be 
determined eligible for importation under 49 U.S.C. 30141(a)(1)(B), on 
the basis that its safety features comply with, or are capable of being 
altered to comply with, all applicable Federal motor vehicle safety 
standards.
    Although Champagne did not formally modify the petition, it did 
submit to NHTSA a copy of a letter from Jaguar Cars (Jaguar), the 
United States representative of Jaguar Cars, Ltd., the vehicle's 
manufacturer. This letter identified the vehicle that Champagne seeks 
to import as, in actuality, a 1986 Daimler Limousine, and enumerated 
the Federal motor vehicle safety standards that the vehicle does not 
meet. Those are Standard Nos. 103 Windshield Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 108 Lamps, 
Reflective Devices, and Associated Equipment, 110 Tire Selection and 
Rims, 114 Theft Protection, 202 Head Restraints, 203 Impact Protection 
for the Driver from the Steering Control System, 205

[[Page 1805]]

Glazing Materials, 208 Occupant Crash Protection, 209 Seat Belt 
Assemblies, 210 Seat Belt Assembly Anchorages, and 301 Fuel System 
Integrity. Additionally, Jaguar stated that the vehicle does not meet 
the vehicle identification number requirements of 49 CFR part 565, or 
the Bumper Standard, found at 49 CFR part 581.
    Champagne submitted to NHTSA an additional letter, from the Jaguar 
Daimler Heritage Trust of Coventry, England, stating that the vehicle 
it seeks to import was hand built, and of a type produced by Jaguar 
Cars Ltd. until 1992. This letter also stated that although there were 
``small external cosmetic changes'' from vehicle to vehicle, ``the 
external shape, style, engine, gearbox, and chassis of the car all 
remained the same throughout its production build.'' Moreover, the 
letter provided confirmation that a Daimler Limousine built in 1986 
``would be no different than a similar car which was built in 1985 
apart from any optional extras which may have been ordered * * *.''
    Based on the information from the Jaguar Daimler Heritage Trust 
indicating that Daimler Limousines are in all essential respects 
identical from model year to model year, and NHTSA's prior 
determination that a 1985 Daimler Limousine is eligible for 
importation, NHTSA has tentatively decided that the 1986 Daimler 
Limousine that is the subject of Champagne's petition is eligible for 
importation.

Tentative Decisions

    NHTSA hereby tentatively decides that a 1986 Daimler Limousine that 
was not originally manufactured to comply with all applicable Federal 
motor vehicle safety standards is eligible for importation into the 
United States because it has safety features that comply with, or are 
capable of being altered to comply with, those standards.

Vehicle Eligibility Number

    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. 
If this tentative decision is made final, all vehicles admissible under 
that decision will be assigned vehicle eligibility no. VCA-1.

Comments

    Section 30141(b) of Title 49, U.S. Code requires NHTSA to provide a 
minimum period for public notice and comment on decisions made on its 
own initiative consistent with ensuring expeditious, but full 
consideration and avoiding delay by any person. NHTSA believes that a 
minimum comment period of 30 days is appropriate for this purpose. 
Interested persons are invited to submit comments on the tentative 
decision described above. It is requested, but not required, that five 
copies be submitted.
    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 address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of NHTSA's final decision will be 
published in the Federal Register pursuant to the authority indicated 
below.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegation of authority at 49 CFR 1.50.

    Issued on: January 8, 1997.
Ricardo Martinez, M.D.,
Administrator.
[FR Doc. 97-793 Filed 1-10-97; 8:45 am]
BILLING CODE 4910-59-P