Notice of Receipt of Petition for Decision That Nonconforming 1991-1996 Freightliner FTLD112064SD Trucks Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 96-90; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1991-1996 Freightliner FTLD112064SD Trucks Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1991-1996 Freightliner FTLD112064SD 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 1991-

1996 Freightliner FTLD112064SD trucks that were not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are eligible for importation into the United States because

(1) they are substantially similar to vehicles that were originally

manufactured for sale in the United States and that were certified by

their manufacturer as complying with the safety standards, and (2) they

are capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is August 30, 1996.

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. 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.

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.

Baja Truck Center of San Diego, California (``Baja'') (Registered

Importer 96-118) has petitioned NHTSA to decide whether 1991-1996

Freightliner FTLD112064SD trucks are eligible for importation into the

United States. The vehicles which Baja believes are substantially

similar are 1991-1996 Freightliner FTLD112064SD trucks that were

manufactured for sale in the United States and certified by their

manufacturer, Freightliner Corporation, as conforming to all applicable

Federal motor vehicle safety standards.

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

certified 1991-1996 Freightliner FTLD112064SD trucks to their U.S.

certified counterparts, and found the vehicles to be substantially

similar with respect to compliance with most Federal motor vehicle

safety standards.

Baja submitted information with its petition intended to

demonstrate that non-U.S. certified 1991-1996 Freightliner FTLD112064SD

trucks, as originally manufactured, conform to many Federal motor

vehicle safety standards in the same manner as their U.S. certified

counterparts, or are capable of being readily altered to conform to

those standards.

Specifically, the petitioner claims that non-U.S. certified 1991-

1996 Freightliner FTLD112064SD trucks are identical to their U.S.

certified counterparts with respect to compliance with Standard Nos.

102 Transmission Shift Lever Sequence * * *., 103 Defrosting and

Defogging Systems, 104 Windshield Wiping and Washing Systems, 107

Reflecting Surfaces, 108 Lamps, Reflective Devices and Associated

Equipment, 111 Rearview Mirrors, 113 Hood Latch Systems, 115 Vehicle

Identification Number, 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: (a) placement of a label

with the words ``Brake Air'' on the brake air pressure position

telltale; (b) inscription of the word ``Brake'' on the brake system

warning light.

Standard No. 106 Brake Hoses: replacement of brake line hoses and

connections lacking DOT markings with U.S. model components.

Standard No. 119 New Pneumatic Tires for Vehicles other than

Passenger Cars: replacement of tires lacking DOT markings with

appropriately marked tires.

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

Passenger Cars: (a) installation of a tire information placard; (b)

replacement of tire rims lacking required markings with appropriately

marked components.

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

[[Page 40072]]

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: July 25, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-19365 Filed 7-30-96; 8:45 am]

BILLING CODE 4910-59-P