Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64469

reference label on the edge of the door

or latch post nearest the driver.

Standard No. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: installation of a seat belt

warning buzzer. The petitioner states

that all non-U.S. certified 1992 and 1993

Mercedes-Benz 500SEL passenger cars

built prior to September 1993 are

equipped with driver’s side air bags and

knee bolsters, and that those built after

September 1993 are equipped with both

driver’s and passenger’s side air bags

and knee bolsters. The petitioner further

states that these vehicles are equipped

with Type 2 seat belts in both front and

rear outboard seating positions.

Standard No. 214 Side Impact

Protection: installation of reinforcing

beams.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

Additionally, the petitioner states that

the bumpers on the non-U.S. certified

1992 and 1993 Mercedes-Benz 500SEL

passenger cars must be reinforced to

comply with the Bumper Standard

found in 49 CFR Part 581.

Interested persons are invited to

submit comments on the petition

described above. Comments should refer

to the docket number and be submitted

to: Docket Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, S.W.,

Washington, DC 20590. It is requested

but not required that 10 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 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: December 12, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95–30576 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 95–86; Notice 1]

Isis Imports Ltd. Receipt of Application

for Temporary Exemption From

Federal Motor Vehicle Safety

Standards No. 208 and 214

Isis Imports Ltd. of San Francisco,

California, (‘‘Isis’’) has applied for a

temporary exemption of two years from

paragraph S4.1.4 of Federal Motor

Vehicle Safety Standard No. 208

Occupant Crash Protection, and of three

years from Federal Motor Vehicle Safety

Standard No. 214 Side Impact

Protection. The basis of the application

is that compliance will cause substantial

economic hardship to a manufacturer

that has tried to comply with the

standard in good faith.

This notice of receipt of an

application is published in accordance

with the requirements of 49 U.S.C.

30113(b)(2) and does not represent any

judgment of the agency on the merits of

the application.

The make and type of passenger car

for which exemption is requested is the

Morgan open car or convertible. Morgan

Motor Company (‘‘Morgan’’), the British

manufacturer of the Morgan, has not

offered its vehicle for sale in the United

States since the early days of the Federal

motor vehicle safety standards. It is the

business of Isis to buy incomplete

Morgan cars from the British

manufacturer and import them as motor

vehicle equipment, completing

manufacture by the addition of engine

and fuel system components. They

differ from their British counterparts,

not only in equipment items and

modifications necessary for compliance

with the Federal motor vehicle safety

standards, but also in their fuel system

components and engines, which are

propane fueled. As the party completing

manufacture of the vehicle, Isis certifies

its conformance to all applicable

Federal safety and bumper standards.

The vehicle completed by Isis in the

U.S. is deemed sufficiently different

from the one produced in Britain that

NHTSA considers Isis the manufacturer,

not a converter, even though the brand

names are the same.

Morgan itself produced around 470

cars in 1994, while in the year

preceding the filing of its petition in

September 1995, Isis produced 14 cars

for sale in the United States. Twice

previously NHTSA has exempted Isis

from compliance with the automatic

restraint requirements of Standard No.

208 on hardship grounds, the latest

exemption expiring November 1, 1995.

The staff of Isis consists of three full

time employees and one part time

employee. Its cumulative net income for

the years 1992–94 totals $34,694.

Application for Exemption From

Standard No. 208

Isis received NHTSA Exemptions Nos.

89–4 and 92–7 from S4.1.2.1 and

S4.1.2.2 of Standard No. 208,

respectively expiring October 1, 1992

and November 1, 1995 (54 FR 43647 and

57 FR 60564). Under the first

exemption, it had sought to comply

through a motorized belt system, then

concluded that an air bag system would

be preferable. At the time that its second

exemption was granted, Isis had

received proposals from air bag

suppliers that it deemed prohibitive in

cost. However, it hoped to have access

to a system under development by

Range Rover, or to aftermarket retrofit

components.

According to the applicant, sufficient

progress has been made during its

second three-year exemption period that

it can foresee compliance in only two

more years. Morgan itself intends to

equip its cars with air bags and has

begun a test program towards this end.

To date, 5 of 6 Hy-ge sled tests have

been conducted. Body modifications are

being engineered. Morgan is currently

negotiating for ‘‘multi-point sensor air

bag components’’, and estimates that it

will take 12 to 18 months to complete

the project ‘‘once we are given

permission to use the components, most

of which have already been sourced.’’

Until such time, Isis will continue to

use manual three-point restraint systems

in its cars.

Application for Exemption from

Standard No. 214

Isis claims that it has insufficient

resources to work towards compliance

with those requirements until its work

on complying with Standard No. 208 is

completed. It has had discussions with

the British Motor Industry Research

Association to identify the components

that may require alteration, such as the

door latches and interior padding. In its

view, ‘‘it would not be prudent to test

for side impact until we complete our

modifications of the seating area and

knee bolster assembly and finalize the

air bag configuration, as changes in this

area would be reflected in the

performance of the vehicle in sideimpact testing.’’ It does, however, meet

the previous side door strength

requirements of the standard, and will

work towards compliance during the

three-year exemption period for which

it has asked. Were the phase-in

requirement of S8 applied to it,

calculated on the basis of its limited
64470 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices

production, only very few cars would be

required to meet the standard.

Safety and Public Interest Arguments

Because of the small number of

vehicles that the applicant produces and

its belief that they are used as second or

third cars for short mileage open air

excursions rather than for daily

commuting, and because of the threepoint restraints and side impact

protection currently offered, Isis argues

that an exemption would be in the

public interest and consistent with

safety. An exemption would allow it to

‘‘maintain the existing diversity of

motor vehicles available in this

country.’’ Finally, because of its

expertise in the use of propane as a fuel,

Isis is ‘‘in a position to contribute to the

growth of the alternative fueled vehicle

industry.’’

Interested persons are invited to

submit comments on the application

described above. Comments should refer

to the docket number and the notice

number, and be submitted to: Docket

Section, National Highway Traffic

Safety Administration, room 5109, 400

Seventh Street, SW, Washington, DC

20590. It is requested but not required

that 10 copies be submitted.

All comments received before the

close of business on the comment

closing date indicated below 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 final action on the

application will be published in the

Federal Register pursuant to the

authority indicated below.

Comment closing date: January 16,

1996.

(49 U.S.C. 30113; delegations of authority at

49 CFR 1.50. and 501.8)

Issued on: November 28, 1995.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 95–30577 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Customs Service

Notice of Revised Time Frames

Regarding Test of Reconciliation for

Adjustments Made to the Price of

Imported Merchandise by Related

Party Companies Under 26 U.S.C. 482

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Notice of revised time frames for

test.

SUMMARY: This document announces

Customs decision to revise the time

frames regarding the test Customs plans

to conduct involving the use of

reconciliation for those related party

importers which have reason to believe

upward adjustments may be made to the

price of imported merchandise for tax

purposes pursuant to 26 U.S.C. 482. In

a prior Federal Register notice (60 FR

46141), Customs set out the eligibility

requirements for voluntary participation

in the test and described the basis on

which Customs will select participants.

This notice revises the time frames for

both applicants to volunteer and for the

commencement and conclusion of the

planned test.

DATES: Applications to participate in

this reconciliation test must be filed

with and approved by Customs on or

before May 1, 1996. The test will

commence no earlier than May 1, 1996,

and will cover entry summaries filed by

selected participants from May 1, 1996,

to December 31, 1996, or the end of the

participant’s tax year, whichever comes

first. Participants must file the

reconciliation summary, which provides

the outstanding value information,

within 15 months of the filing of the

first affected entry summary or by July

31, 1997, whichever comes first.

ADDRESSES: To be considered for

voluntary participation in this test,

applications should be submitted to Mr.

William F. Inch, Director, Office of

Regulatory Audit, Office of Strategic

Trade, U.S. Customs Service, 1301

Constitution Avenue, N.W., Room 2311,

Washington, D.C. 20229–0001. Once the

test is underway, reconciliation

summaries shall be filed to the attention

of Mr. Matthew Krimski, Office of

Regulatory Audit, Office of Strategic

Trade, U.S. Customs Service, 1301

Constitution Avenue, N.W.,

Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT:

Matthew Krimski, (202) 927–0411.

SUPPLEMENTARY INFORMATION:

Background

On September 5, 1995, Customs

published a document in the Federal

Register (60 FR 46141) announcing

plans to conduct a test regarding the use

of reconciliation for those related party

importers which have reason to believe

upward adjustments may be made to the

price of imported merchandise for tax

purposes pursuant to 26 U.S.C. 482. The

document described the objectives of

the test, the application process to

participate, the eligibility criteria,

selectivity criteria and test evaluation

criteria. The document invited public

participation in the test and set forth a

deadline for applications at no later

than October 1, 1995. The planned

commencement of the test was October

1, 1995.

Customs is now revising certain

elements of the September 5, document.

Customs now plans to begin the test no

earlier than May 1, 1996, and the test

will cover entry summaries filed by the

selected participants from May 1, 1996,

to December 31, 1996, or the end of the

participant’s tax year, whichever comes

first.

Participants must file the

reconciliation summary, which provides

the outstanding value information,

within 15 months of the filing of the

first affected entry summary or by July

31, 1997, whichever comes first.

Further, by applying, applicants agree

that the value for merchandise covered

by all entry summaries filed by them or

on their behalf on or after May 1, 1996,

until the end of the tax year or

December 31, 1996, whichever comes

first, shall be finally determined by the

liquidation of the reconciliation filed in

accordance with the test.

The time frame for Customs

acceptance and approval of applications

to participate in the test has been

revised to May 1, 1996. Applications

shall be addressed to Mr. William F.

Inch as indicated above in this

document.

To be eligible to participate in the

test, a participant’s tax year must end

between May 1, 1996 and December 31,

1996.

For purposes of the reconciliation

test, reconciliation summaries shall be

filed to the attention of Matthew

Krimski, Office of Regulatory Audit,

Office of Strategic Trade, U.S. Customs

Service, 1301 Constitution Avenue,

N.W., Washington, D.C. 20229.

Aside from the revised information

set forth in this document, all other

information regarding the reconciliation

test set forth in the Federal Register

document of September 5, 1995, is still

applicable.

Dated: December 6, 1995.

Karen J. Hiatt,

Acting Assistant Commissioner, Office of

Strategic Trade.

[FR Doc. 95–30516 Filed 12–14–95; 8:45 am]

BILLING CODE 4820–02–P