Notice of Receipt of Petition for Decision That Nonconforming 1991-1998 Ford Explorer Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4165]

Notice of Receipt of Petition for Decision That Nonconforming

1991-1998 Ford Explorer 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

1991-1998 Ford Explorer multi-purpose passenger vehicles (MPVs) 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-

1998 Ford Explorers manufactured for sale in Venezuela 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.

DATES: The closing date for comments on the petition is September 8,

1998.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Management, Room PL-401, 400

Seventh St., SW, Washington, DC 20590. (Docket hours are from 10 am to

5 pm).

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 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. 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

1991-1998 Ford Explorers that were not originally manufactured to

comply with all applicable Federal motor vehicle safety standards are

eligible for importation into the United States. The vehicles which

Champagne believes are substantially similar are 1991-1998 Ford

Explorers that were manufactured for sale in the United States and

certified by their manufacturer, Ford Motor Company, as conforming to

all applicable Federal motor vehicle safety standards.

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

certified 1991-1998 Ford Explorers 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 the non-U.S. certified 1991-1998 Ford Explorers, 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 the non-U.S. certified

1991-1998 Ford Explorers are identical to their U.S. certified

counterparts 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, 113 Hood Latch Systems, 116 Brake Fluid, 119

New Pneumatic Tires for 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 (with respect to 1991 through 1995 model

year vehicles; remaining model years are exempt), 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 the non-U.S. certified

1991-1998 Ford Explorers comply with the Bumper Standard found in 49

CFR part 581 and with the Theft Prevention Standard found in 49 CFR

part 541.

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

[[Page 42097]]

noncomplying symbol on the brake failure indicator lamp; (b)

installation of a seat belt warning lamp that displays the appropriate

symbol; (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 that

incorporate headlamps with DOT markings; (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

rearview mirror with a U.S.-model component.

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

microswitch in the steering lock assembly and a warning buzzer.

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 lamp and buzzer; (c) replacement of the driver's side

air bag and knee bolster with U.S. model components on 1996 model year

vehicles that are not so equipped and replacement of both the driver's

and passenger's side air bags and knee bolsters with U.S.-model

components on 1997 and 1998 model year vehicles that are not so

equipped. The petitioner states that the vehicles are equipped with

combination lap and shoulder restraints that adjust by means of an

automatic retractor and release by means of a single push button at

both front designated seating positions, with combination lap and

shoulder restraints that release by means of a single push button at

both rear outboard designated seating positions, 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 also states that a vehicle identification number

plate must be affixed to the vehicles to meet the requirements of 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 Management, Room PL-401, 400 Seventh St., SW,

Washington, DC 20590. (Docket hours are from 10 am to 5 pm). 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: August 3, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-21070 Filed 8-5-98; 8:45 am]

BILLING CODE 4910-59-P