Receipt of Petition for Decision That Nonconforming 1992 Kenworth T800 Trucks Are Eligible for Importation

Federal RegisterApr 7, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-23; Notice 1]

Receipt of Petition for Decision That Nonconforming 1992 Kenworth

T800 Trucks Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992 Kenworth T800 trucks 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 1992

Kenworth T800 truck 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.

DATE: The closing date for comments on the petition is May 8, 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: 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.

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.

G&K Automative Conversion, Inc. of Santa Ana, California (``G&K'')

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

1992 Kenworth T800 trucks manufactured by Kenworth Mexicana, SA of

Mexicali, Mexico, are eligible for importation into the United States.

The vehicle which G&K believes is substantially similar is the 1992

Kenworth T800 that was manufactured for sale in the United States and

certified by its manufacturer, PACCAR of Bellevue, Washington (the

corporate parent of Kenworth Mexicana), as conforming to all applicable

Federal motor vehicle safety standards.

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

certified 1992 Kenworth T800 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.

G&K submitted information with its petition intended to demonstrate

that the non-U.S. certified 1992 Kenworth T800, 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

1992 Kenworth T800 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, 108 Lamps, Reflective Devices and

Associated Equipment, 111 Rearview Mirrors, 113 Hood Latch Systems, 119

New Pneumatic Tires for Vehicles other than Passenger Cars, 121 Air

Brake Systems, 124 Accelerator Control Systems, 205 Glazing Materials,

206 Door Locks and Door Retention Components, 208 Occupant Crash

Protection, 209 Seat Belt Assemblies, 210 Seat Belt Assembly

Anchorages, 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: Inscription of the word

``Brake'' on the brake failure indicator lamp.

Standard No. 115 Vehicle Identification Number: Installation of the

required certification label.

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

than Passenger Cars: Installation of a tire information placard.

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 [[Page 17847]] 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: April 3, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-8551 Filed 4-6-95; 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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