Receipt of Petition for Decision that Nonconforming 1995-1998 Ford Windstar Multi-Purpose Passenger Vehicles Are Eligible for Importation

Federal RegisterApr 15, 1998

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3716]

Receipt of Petition for Decision that Nonconforming 1995-1998

Ford Windstar 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

1995-1998 Ford Windstar 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 1995-

1998 Ford Windstar 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

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 May 15, 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

[[Page 18492]]

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

1995-1998 Ford Windstar MPVs are eligible for importation into the

United States. The vehicles which Champagne believes are substantially

similar are 1995-1998 Ford Windstar MPVs 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 non-U.S. certified

1995-1998 Ford Windstars 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 1995-1998 Ford Windstars, 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 1995-

1998 Ford Windstars 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, 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, 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, 219 Windshield Zone Intrusion, and 302 Flammability of

Interior Materials.

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

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; (b)

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

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 and passenger's side air bags

and knee bolsters with U.S.-model components on vehicles that are not

so equipped. The petitioner states that the vehicle is 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. 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: April 9, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-9934 Filed 4-14-98; 8:45 am]

BILLING CODE 4910-59-P

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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