Notice of Receipt of Petition for Determination that Nonconforming 1972 through 1976 Bristol VRT Buses Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-46; Notice 1]

Notice of Receipt of Petition for Determination that

Nonconforming 1972 through 1976 Bristol VRT Buses Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on petition for determination that

nonconforming 1972 through 1976 Bristol VRT buses are eligible for

importation.

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SUMMARY: This notice requests comments on a petition submitted to the

National Highway Traffic Safety Administration (NHTSA) for a

determination that 1972 through 1976 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 closing date for comments on the petition is July 3, 1995.

ADDRESS: 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:

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)(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. Where there is no

substantially similar U.S.-certified motor vehicle, 49 U.S.C.

30141(a)(1)(B) (formerly 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 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.

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) has petitioned NHTSA to determine whether 1972 through

1976 Bristol VRT buses are eligible for importation into the United

States. The petitioner contends that these vehicles are eligible for

importation under 49 U.S.C. 30141(a)(1)(B) because they have safety

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

with, all applicable Federal motor vehicle safety standards.

Specifically, the petitioner claims that 1972 through 1976 Bristol

VRT buses have safety features that comply with Standard Nos. 102

Transmission Shift Lever Sequence . . . (based on documentation

illustrating transmission braking effect, 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 coolant 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 statements and photographs showing

certification markings on tires and rims, and describing contents of

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

photographs, and specifications indicating that vehicles are equipped

with an air compressors and associated equipment that provides 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 Glazing Materials (based on statement and photographs

showing that glazing materials bear DOT certification markings), 207

Seating Systems, (based on statement and photographs indicating that

ample room exists for passengers to move in and out of their seats and

that seats are securely mounted to vehicle floor) 217 Bus Window

Retention and Release (based on statement describing window retention

test procedures and results, and calculations indicating size and

distribution of emergency exits), and 302 Flammability of Interior

Materials (based on photographs and statements indicating composition

of upholstery, and describing test procedures and results).

The petitioner also contends that 1972 through 1976 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) [[Page 28649]] 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) 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 providing unity magnification in excess

of 50 square inches of reflective surface and affording the driver a

clear and unobstructed view of the area around both sides of the

vehicle.

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.

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 will be published

in the Federal Register pursuant to the authority indicated below.

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 26 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-13425 Filed 5-31-95; 8:45 am]

BILLING CODE 4910-59-M