Notice of Receipt of Petition for Decision That Nonconforming 1990-1996 Toyota Landcruiser Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 97-039; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1990-1996 Toyota Landcruiser Multi-Purpose Passenger Vehicles Are

Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990-1996 Toyota Landcruiser multi-purpose passenger vehicles (MPVs)

are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt by the National Highway Traffic

Safety

[[Page 37951]]

Administration (NHTSA) of a petition for a decision that 1990-1996

Toyota Landcruiser MPVs 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

importation into and 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.

DATES: The closing date for comments on the petition is August 14,

1997.

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 a.m. to 4 p.m.)

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), 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,

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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1990-1996 Toyota Landcruiser MPVs are eligible for importation into the

United States. The vehicles which Champagne believes are substantially

similar are the 1990-1996 Toyota Landcruisers that were manufactured

for importation into, and sale in, the United States and certified by

their manufacturer, Toyota Motor Corporation, as conforming to all

applicable Federal motor vehicle safety standards.

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

1990-1996 Toyota Landcruisers 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.

Champagne submitted information with its petition intended to

demonstrate that non-U.S. certified 1990-1996 Toyota Landcruisers, 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 1990-

1996 Toyota Landcruisers 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, 105 Hydraulic Brake

Systems, 106 Brake Hoses, 112 Headlamp Concealment Devices, 113 Hood

Latch Systems, 116 Brake Fluid, 119 New Pneumatic Tires for Motor

Vehicles other than Passenger Cars, 124 Accelerator Control Systems,

201 Occupant Protection in Interior Impact, 202 Head Restraints, 203

Impact Protection for the Driver from the Steering Control System, 204

Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door

Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt

Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield

Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,

and 302 Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1990-

1996 Toyota Landcruisers comply with the Bumper Standard found in 49

CFR part 581.

Petitioner also contends that the vehicles are capable of being

readily altered to meet the following standards, in the manner

indicated:

Standard No. 101 Controls and Displays: (a) Substitution of a lens

marked ``Brake'' for a lens with a noncomplying symbol on the brake

failure indicator lamp; (b) installation of a seat belt warning lamp;

(c) recalibration of the speedometer/odometer from kilometers to miles

per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) Installation of U.S.-model headlamp assemblies; (b)

installation of U.S.-model front and rear sidemarker/reflector

assemblies; (c) installation of U.S.-model taillamp assemblies.

Standard No. 111 Rearview Mirror: Replacement of the passenger side

convex rearview mirror.

Standard No. 114 Theft Protection: Installation of a warning buzzer

microswitch and a warning buzzer in the steering lock assembly.

Standard No. 118 Power Window Systems: Rewiring of the power window

system so that the window transport is inoperative when the ignition is

switched off.

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

Than Passenger Cars: Installation of a tire information placard.

Standard No. 208 Occupant Crash Protection: (a) Installation of a

U.S.-model seat belt in the driver's position, or a belt webbing

actuated microswitch inside the driver's seat belt retractor; (b)

installation of an ignition switch actuated seat belt warning light and

buzzer; (c) replacement of the driver's side air bag and knee bolster

(on 1995 models) with U.S.-model components; (d) replacement of the

driver's and passenger's side air bags and knee bolsters (on 1996

models) with U.S.-model components. The petitioner states that non-U.S.

certified 1990-1996 Toyota Landcruisers are equipped with a combination

lap and shoulder restraint that adjusts by means of an automatic

retractor and releases by means of a single push button at each front

designated seating position, with a combination lap and shoulder

restraint that releases by means of a single push button at each rear

outboard designated seating position, and with a lap belt in the rear

center designated seating position.

Standard No. 301 Fuel System Integrity: Installation of a rollover

valve in the fuel tank vent line between the fuel tank and the

evaporative emissions collection canister.

The petitioner states that a vehicle identification number (VIN)

plate must be installed on non-U.S. certified 1990-1996 Toyota

Landcruisers to comply with 49 CFR part 565.

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

[[Page 37952]]

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 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 9, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-18468 Filed 7-14-97; 8:45 am]

BILLING CODE 4910-59-P