Determination That Nonconforming 1978 Through 1981 Bristol VRT Buses Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-16; Notice 2]

Determination That Nonconforming 1978 Through 1981 Bristol VRT

Buses Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of determination by NHTSA that nonconforming 1978

through 1981 Bristol VRT buses are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1978

through 1981 Bristol VRT buses 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 have

safety features that comply with, or are capable of being modified to

comply with all such standards.

DATES: The determination is effective May 25, 1994.

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety

Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under section 108(c)(3)(A)(i)(I) of the National Traffic and Motor

Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i)(I), 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 on and after January 31, 1990, unless

NHTSA has determined that the motor vehicle is substantially similar to

a motor vehicle originally manufactured for importation into and sale

in the United States, certified under 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 modified to conform to all applicable

Federal motor vehicle safety standards. Where there is no substantially

similar U.S.-certified motor vehicle, section 108(c)(3)(A)(i)(II) of

the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II), permits a nonconforming motor

vehicle to be admitted into the United States if its safety features

comply with, or are capable of being modified to comply with, all

applicable Federal motor vehicle safety standards based on destructive

test data or such other evidence as NHTSA determines to be adequate.

Petitions for eligibility determinations 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 determines, 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 determination

in the Federal Register.

Double Decker Bus Company of Denver, Colorado (Registered Importer

No. R-93-015) petitioned NHTSA to determine whether 1978 through 1981

Bristol VRT buses are eligible for importation into the United States.

NHTSA published notice of the petition on March 17, 1994 (59 FR 12635)

to afford an opportunity for public comment. As described in that

notice, the petitioner claimed that the 1978 through 1981 Bristol VRT

buses have safety features that comply with Standard Nos. 102

Transmission Shift Lever Sequence * * * (based on schematic diagram

indicating starter interlock protection and photograph showing shift

lever positions), 103 Defrosting and Defogging Systems (based on

statement and photograph indicating that system incorporates

electrically heated elements and heated air blowers), 104 Windshield

Wiping and Washing Systems (based on statement and photographs

indicating that system is pneumatically driven and offers full coverage

of windshield at two set speeds and intermittently), 107 Reflecting

Surfaces (based on statement and photographs indicating that reflective

glare is kept to a minimum in the driver's cab through the use of matt

black paint on the windshield wipers, the rearview mirror frame, the

dash, and the cab walls), 120 Tire Selection and Rims for Motor

Vehicles other than Passenger Cars (based on statement and photographs

showing certification markings on tires supplied by vehicle purchaser

and rims selected by petitioner, and describing contents of tire

information placard), 121 Air Brake Systems (based on statement,

photographs, and specifications indicating that vehicles are equipped

with air compressors and associated equipment that provide greater cut-

in pressure than 85 p.s.i.), 124 Accelerator Control Systems (based on

statement and photographs indicating that throttle return is provided

by pneumatic valve, supplemented by a spring loaded foot pedal and

photographs showing pneumatic accelerator resetting is less than one

second), 205 Grazing Materials (based on statement and photographs

showing that glazing materials bear DOT certification markings), 207

Seating Systems, (based on statement and photographs indicating that

seats are securely mounted to vehicle floor and photographs showing

forces applied to driver's seat), 217 Bus Window Retention and Release

(based on statement describing window retention test results,

calculations indicating size and distribution of emergency exits, and

photographs showing emergency exit markings), and 302 Flammability of

Interior Materials (based on statements and photographs indicating

composition of upholstery, and test results).

The petitioner also contended that 1978 through 1981 Bristol VRT

buses are capable of being modified to comply with the following

standards, in the manner indicated:

Standard No. 101 Controls and Displays: (a) Installation of a

potentiometer wired in series to provide variation in panel lighting;

(b) installation of dash-mounted high beam telltale; (c) installation

of U.S.-model license plate lamp.

Standard No. 106 Brake Hoses: Replacement of flexible brake hoses

on front wheels with U.S.-model parts.

Standard No. 108 Lamps, Reflective Devices, and Associated

Equipment: Installation of the following equipment bearing DOT

certification markings: (a) Two sealed beam headlamps, three amber

identification lamp clusters, two amber clearance lamps, and two amber

length and height markers at the front end of the vehicle; (b) two tail

lamp assemblies, three red identification lamp clusters, two red

clearance lamps, two red length and height markers, two red side

marker/reflectors, and one license plate illumination lamp at the rear

end of the vehicle; (c) two amber reflectors at the midsection of the

vehicle's right side; (d) two amber reflectors at the midsection of the

vehicle's left side.

Standard No. 111 Rearview Mirrors: Replacement of the rearview

mirrors with U.S.-model parts.

Standard No. 125 Warning Devices: Procurement of three U.S.-model

reflective warning triangles to be carried on vehicle.

Standard No. 208 Occupant Crash Protection: Installation of a U.S.-

model Type 2 seat belt at the driver's position.

Standard No. 209 Seat Belt Assemblies: Installation of a U.S.-model

Type 2 seat belt at the driver's position.

Standard No. 210 Seat Belt Assembly Anchorages: Use of 16-20UNF-2A

hardened bolts, flat washers, lock washers, and nuts as anchorage

hardware.

No comments were received in response to the notice of the

petition. Based on its review of the information submitted by the

petitioner, NHTSA has determined to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final determination

must indicate on the form HS-7 accompanying entry the appropriate

vehicle eligibility number indicating that the vehicle is eligible for

entry. VCP #2 is the vehicle eligibility number assigned to vehicles

admissible under this determination.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby determines

that 1978 through 1981 Bristol VRT buses are eligible for importation

into the United States because they have safety features that comply

with, or are capable of being modified to comply with, all applicable

Federal motor vehicle safety standards.

Authority: 15 U.S.C. 1397(c)(3)(A)(i)(II) and (C)(iii); 49 CFR

593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: May 20, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-12781 Filed 5-24-94; 8:45 am]

BILLING CODE 4910-59-M