Receipt of Petition for Decision That Nonconforming 1991 Toyota Land Cruiser Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-101; Notice 1]

Receipt of Petition for Decision That Nonconforming 1991 Toyota

Land Cruiser Multi-Purpose Passenger Vehicles Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1991 Toyota Land Cruiser multi-purpose passenger vehicles (MPVs) are

eligible for importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that a 1991

Toyota Land Cruiser MPV that was not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is eligible

for importation into the United States because (1) it is substantially

similar to a vehicle that was originally manufactured for importation

into and sale in the United States and that was certified by its

manufacturer as complying with the safety standards, and (2) it is

capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is December 21,

1994.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, Room 5109, National

Highway Traffic Safety Administration, 400 Seventh St., SW, Washington,

DC 20590. [Docket hours are from 9:30 am to 4 pm]

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section

108(c)(3)(A)(i)(I) of the National Traffic and Motor Vehicle Safety Act

(the Act)), 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 (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.

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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1991 Toyota Land Cruiser MPVs are eligible for importation into the

United States. The vehicle which Champagne believes is substantially

similar is the 1991 Toyota Land Cruiser MPV that was manufactured for

importation into, and sale in, the United States and certified by its

manufacturer, Toyota Motor Corporation, as conforming to all applicable

Federal motor vehicle safety standards.

The petitioner claims that is carefully compared the non-U.S.

certified 1991 Toyota Land Cruiser MPV to its U.S. certified

counterpart, and found the two vehicles to be substantially similar

with respect to compliance with most Federal motor vehicle safety

standards.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1991 Toyota Land Cruiser MPV,

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 claims that the non-U.S. certified

1991 Toyota Land Cruiser MPV 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, 107 Reflecting Surfaces, 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, 210 Seat Belt Assembly Anchorages, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield Retention, 219 Windshield Zone

Intrusion, and 302 Flammability of Interior Materials.

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 an ECE

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 which

incorporate sealed beam headlamps;

(b) Installation of U.S.-model front and rear sidemarker/reflector

assemblies;

(c) Installation of U.S.-model taillamp assemblies.

Standard No. 111 Rearview Mirror: replacement of the passenger side

rearview mirror, which is convex but lacks the required warning

statement.

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. 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 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 claims that the non-U.S. certified 1991 Toyota Land

Cruiser MPV is equipped with occupant restraints at each designated

seating position that are identical to those found in its U.S.

certified counterpart. These consist of combination lap shoulder belts

which adjust by means of an automatic locking retractor in the two

front seating positions and in the two outboard rear seating positions

and a lap belt that adjusts by means of a manual adjusting device in

the rear center seating position.

Standard No. 214 Side Door Strength: 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.

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, 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 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: November 15, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-28654 Filed 11-18-94; 8:45 am]

BILLING CODE 4910-59-M