Notice of Receipt of Petition for Decision That Nonconforming 1980 Sprite Musketeer Trailers Are Eligible for Importation

Federal RegisterAug 4, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-58; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1980 Sprite Musketeer Trailers Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1980 Sprite Musketeer trailers 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 1980

Sprite Musketeer trailer that was not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is eligible

for importation into the United States because it has safety features

that comply with, or are capable of being altered to comply with, all

such standards.

DATES: The closing date for comments on the petition is September 5,

1995.

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:

George Entwistle, 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. Sec. 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.

Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act,

15 U.S.C. Sec. 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 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.

Northern California Diagnostic Laboratories, Inc. of Napa,

California (Registered Importer R-92-011) has petitioned NHTSA to

decide whether 1980 Sprite Musketeer trailers are eligible for

importation into the United States. The petitioner contends that this

vehicle, which it describes as an eighteen-foot, single axle, towable

trailer manufactured in England, is eligible for importation under 49

U.S.C. Sec. 30141 (a)(1)(B) because it has safety features that comply

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

Federal motor vehicle safety standards.

Specifically, the petitioner claims that the 1980 Sprite Musketeer

trailer complies with the following standards: Standard Nos. 106 Brake

Hoses, 115 Vehicle Identification Number, 119 New Pneumatic Tires for

Vehicles other than Passenger Cars, 120 Tire Selection and Rims for

Motor Vehicles other than Passenger Cars, and 121 Air Brake Systems.

The petitioner also contends that the vehicle is capable of being

readily altered to meet Standard No. 108 Lamps, Reflective Devices, and

Associated Equipment, through the installation of the equipment

required by this standard.

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.

[[Page 39988]]

Authority: 49 U.S.C. Sec. 30141(a)(1)(B) and (b)(1); 49 CFR

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

Issued on: August 1, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-19279 Filed 8-3-95; 8:45 am]

BILLING CODE 4910-59-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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