Notice of Receipt of Petition for Decision That Nonconforming 1985 Dobson Horse Trailers Are Eligible for Importation

Federal RegisterMar 15, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-17; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1985 Dobson Horse Trailers Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming

1985 Dobson horse 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 1985

Dobson horse 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.

DATE: The closing date for comments on the petition is April 14, 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 Street SW., Washington, DC

20590. (Docket hours are from 9:30 a.m. to 4 p.m.)

.FOR FURTHER INFORMATION CONTACT:

Ted Bayler, 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 or being altered to comply with, all applicable Federal

motor vehicle safety standards based on destructive test data of 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 an opportunity to comment on the petition. At the cost of

the 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.

G&K Automotive Conversion, Inc. of Santa Ana, California

(Registered Importer R-90-007) has petitioned NHTSA to decide whether

1985 Dobson horse trailers are eligible for importation into the United

States. The petitioner contends that this vehicle is eligible for

importation under 49 U.S.C. 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 1985 Dobson horse

trailer complies with Standard No. 119 New Pneumatic Tires for Vehicles

other than Passenger Cars. Additionally, the petitioner claims that the

vehicle complies with Standard No. 121 Air Brake Systems in that it

``has drum style brakes at each wheel set, of a size and capacity

sufficient to meet the standard.''

The petitioner further contends that the vehicle is capable of

being readily altered to the meet the following standards, in the

manner indicated:

Standard No. 106 Brake Hoses: Replacement of all existing brake

hose linings from the front connection to the pressure modulators and

from the pressure modulators to the wheel brake assemblies with hose

lining that bear DOT markings and have crimped end fittings.

Standard No. 108 Lamps, Reflective Devices, and Associated

Equipment: (a) installation of two yellow illuminated markers on each

side of the vehicle and on its from end; (b) installation of one yellow

reflector on each side of the vehicle; (c) installation of one red

illuminated marker on each side of the vehicle and five red illuminated

markers on its rear end; (d) installation of one red reflector marker

on each side of the vehicle and two red reflector markers on its rear

end; (e) installation of one strip of 50mm (Grade DOT-C2) white/red

retroreflective sheeting on each side of the vehicle and on its rear

end; (f) installation of two strips of 50mm (Grade DOT-C2) white

retroreflective sheeting on the vehicle's rear end; (g) installation of

one white license plate lamp on the vehicle's rear and: (h)

installation of two red taillamp/stoplamp/turn indicators on the

vehicle's rear end.

Standard No. 115 Vehicle Identification Number: Installation of a

VIN plate.

Standard No. 120 Tire Selection and Rims for Motor Vehicles other

than Passenger Cars: Installation of a tire information placard.

Interested person 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. [[Page 14054]] 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)(B) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on March 9, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-6362 Filed 3-14-95; 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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