Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 21531

Systems, 105 Hydraulic Brake Systems,

106 Brake Hoses, 107 Reflecting

Surfaces, 109 New Pneumatic Tires, 113

Hood Latch Systems, 116 Brake Fluid,

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, 210 Seat Belt Assembly

Anchorages, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield

Retention, 216 Roof Crush Resistance,

219 Windshield Zone Intrusion, and 302

Flammability of Interior Materials.

Additionally, the petitioner states that

the non-U.S. certified 1992 Jeep

Cherokee complies with the Bumper

Standard found in 49 CFR Part 581.

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) substitution of a lens

marked ‘‘Brake’’ for a lens with a

noncomplying symbol on the brake

failure indicator lamp; (b) installation of

a seat belt warning lamp; (c)

recalibration of the speedometer/

odometer from kilometers to miles per

hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

installation of U.S.-model headlamp

assemblies; (b) installation of U.S.-

model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

replacement of the convex passenger

side rearview mirror.

Standard No. 114 Theft Protection:

installation of a warning buzzer

microswitch and a warning buzzer in

the steering lock assembly.

Standard No. 115 Vehicle

Identification Number: installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN

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: (a) installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switch

actuated seat belt warning lamp and

buzzer. The petitioner states that the

vehicle is equipped with a lap and

shoulder restraint that adjusts by means

of an automatic retractor and releases by

means of a single push button at each

front designated seating position, and

with a lap and shoulder restraint that

releases by means of a single push

button at each rear outboard seating

positions.

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.

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: May 7, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–11785 Filed 5–9–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–39; Notice 1]

Notice of Tentative Decision That

Certain Nonconforming Vehicles Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Request for comments on

tentative decision that certain

nonconforming vehicles are eligible for

importation.

SUMMARY: This notice requests

comments on a tentative decision by the

National Highway Traffic Safety

Administration (NHTSA) that certain

motor vehicles that are certified as

complying with Canadian Motor

Vehicle Safety Standard No. 208,

Occupant Restraint Systems, but do not

comply with Federal Motor Vehicle

Safety Standard (FMVSS) No. 208,

Occupant Crash Protection, are

nevertheless 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 manufacturers as complying

with the safety standards, and (2) they

are capable of being readily altered to

conform to FMVSS No. 208.

DATES: The closing date for comments

on this tentative decision is June 10,

1996.

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)

(formerly section 108(c)(3)(A)(i) of the

National Traffic and Motor Vehicle

Safety Act (15 U.S.C. § 1381 et seq.) (the

Act)), 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 (formerly section 114 of the

Act), 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.

On August 13, 1990, NHTSA

published a Federal Register notice at

55 FR 32988 announcing that it had

made a final determination on its own

initiative that certain motor vehicles

that are certified by their original

manufacturer as complying with all

applicable Canadian motor vehicle

safety standards (CMVSS) are eligible

for importation into the United States

under the precursor to 49 U.S.C.

§ 30141(a)(1)(A). As identified in the

notice, the Canadian-certified vehicles

determined to be eligible for

importation include:

All passenger cars manufactured on or after

September 1, 1989 which are equipped by

their original manufacturer with an

automatic restraint system that complies with

Federal Motor Vehicle Safety Standard
21532 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10902.

2The mileposts here describe locations on

separate branch lines. Thus, the mileage between

these two points is actually about 1.5 miles, and not

46.1 miles.

(FMVSS) No. 208, Occupant Crash

Protection.

The notice explained that NHTSA had

examined the CMVSS and found that, in

most essential respects, they are

identical to the FMVSS, and that the

most significant difference between the

two sets of standards concerned

occupant protection requirements.

NHTSA noted that CMVSS No. 208,

Occupant Restraint Systems, does not

require a passenger car to be equipped

with automatic restraints, in contrast to

FMVSS No. 208, Occupant Crash

Protection, which requires automatic

restraints in front designated seating

positions for all passenger cars

manufactured on and after September 1,

1989. Owing to this difference, and the

agency’s uncertainty that Canadiancertified vehicles could be retrofitted

with automatic restraint systems,

NHTSA limited its eligibility

determination to passenger cars

manufactured before September 1, 1989,

or those manufactured on or after that

date that are equipped by their original

manufacturer with an automatic

restraint system that complies with

FMVSS No. 208.

The notice observed that in the

absence of a determination by NHTSA

on its own initiative, any manufacturer

or registered importer could petition the

agency to determine whether a vehicle

requiring the installation of an

automatic restraint system to comply

with FMVSS No. 208 was eligible for

importation into the United States. In

the ensuing years, NHTSA has received,

and granted, a number of petitions from

registered importers seeking import

eligibility decisions on vehicles

requiring the installation or replacement

of automatic restraint systems to comply

with FMVSS No. 208. These petitions

were granted on the basis of information

demonstrating that automatic restraints

could be installed in the subject

vehicles without the need for significant

structural modifications that would

render those vehicles incapable of being

readily altered to conform to the

standards, and therefore ineligible for

importation under the criteria specified

in 49 U.S.C. § 30141(a)(1)(A).

Through its monitoring of vehicle

imports, NHTSA has identified the

vehicles listed in the annex to this

notice as ones that have been recently

imported into the United States from

Canada that do not meet the

requirements of FMVSS No. 208

because they lack an automatic restraint

system at both outboard front seating

positions. These vehicles are certified

by their original manufacturers as

complying with all applicable CMVSS.

In order to develop a realistic

enforcement policy concerning these

vehicles, and to determine whether to

allow future importations of similar

vehicles, NHTSA is soliciting comments

through this notice on whether the

vehicles listed in the annex are capable

of being readily altered to comply with

FMVSS No. 208.

Tentative Decisions

Pending its review of any comments

submitted in response to this notice,

NHTSA hereby tentatively decides that

each of the passenger cars listed in the

annex to this notice is substantially

similar to a passenger car originally

manufactured for sale in the United

States, certified under 49 U.S.C.

§ 30115, and of the same model year,

and is capable of being readily altered

to conform to all applicable Federal

motor vehicle safety 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 these tentative

decisions are ultimately made final, all

passenger cars listed in the annex to this

notice will be eligible for entry into the

United States under Vehicle Eligibility

No. VSA–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

decisions 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)(A) and

(b)(1); 49 CFR 593.8; delegation of authority

at 49 CFR 1.50.

Issued on: May 7, 1996.

Ricardo Martinez,

Administrator.

Annex

Vehicles Covered by Tentative Decision

The following passenger cars,

certified by their original manufacturer

as complying with all applicable

Canadian Motor Vehicle Safety

Standards:

1994 and 1995 Chrysler LeBaron

1994 and 1995 Dodge Spirit

1994 and 1995 Dodge Shadow

1994 and 1995 Dodge Viper

1994 and 1995 Plymouth Acclaim

1994 and 1995 Plymouth Sundance

1995 Mazda Prote ́ge ́

[FR Doc. 96–11786 Filed 5–9–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board 1

[STB Finance Docket No. 32879]

Nebraska Central Railroad Company—

Lease and Operation Exemption—

Lines of Union Pacific Railroad

Company

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of Exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts from the prior approval

requirements of 49 U.S.C. 10902 the

lease and operation by Nebraska Central

Railroad Company of three branch lines

of Union Pacific Railroad Company

consisting of: (1) a line of railroad

extending from milepost 83.3 to

milepost 80.0 (approximately 3.3 miles);

(2) a line of railroad extending from

milepost 46.1 to milepost 43.44

(approximately 2.7 miles); and (3) the

Norfolk Branch extending from milepost

0.0 to milepost 46.1 (approximately 1.5

miles),2 in Norfolk, NE.

DATES: This exemption is effective on

May 10, 1996. Petitions to stay must be

filed by May 16, 1996. Petitions to

reopen must be filed by June 3, 1996.

ADDRESSES: Send pleadings, referring to

STB Finance Docket No. 32879, to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Branch,