Notice of Receipt of Petition for Decision That Nonconforming 1996 Toyota RAV4 Multi-Purpose Passenger Vehicles Are Eligible for Importation

Federal RegisterAug 11, 1999

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6062]

Notice of Receipt of Petition for Decision That Nonconforming

1996 Toyota RAV4 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

1996 Toyota RAV4 multi-purpose passenger vehicles (MPVs) are eligible

for importation.

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SUMMARY: This document announces receipt by the National Highway

Traffic Safety Administration (NHTSA) of a petition for a decision that

1996 Toyota RAV4 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 September 10,

1999.

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 9 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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether a 1996 Toyota RAV4 MPV that was manufactured for

European and other foreign markets is eligible for importation into the

United States. The vehicle which Wallace believes is substantially

similar is the 1996 Toyota RAV4 MPV that was manufactured for

importation into and sale in the United States and certified by its

manufacturer, Toyota Motor Corporation, as conforming to all applicable

Federal motor vehicle safety standards.

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

certified 1996 Toyota RAV4 MPV 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.

Wallace submitted information with its petition intended to

demonstrate that the non-U.S. certified 1996 Toyota RAV4 MPV, 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

1996 Toyota RAV4 MPV 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, 113 Hood Latch Systems, 114 Theft Protection, 116 Brake

Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger

[[Page 43813]]

Cars, 124 Accelerator Control Systems, 201 Occupant Protection in

Interior Impact, 202 Head Restraints, 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, 214 Side Impact

Protection, 216 Roof Crush Resistance, 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) inscription of the word

``Brake'' on the brake failure indicator lamp lens; (b) replacement of

the speedometer/odometer with a unit calibrated in 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 rear sidemarker assemblies; (c) installation

of a high mounted stop lamp.

Standard No. 111 Rearview Mirror: inscription of the required

warning statement in the passenger side rearview mirror.

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

seat belt warning lamp and buzzer; (b) replacement of the driver's and

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

on vehicles that are not already so equipped. The petitioner states

that the vehicle is equipped with Type 2 seat belts at the front and

rear outboard seating positions.

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.

Additionally, the petitioner states that U.S.-model components must

be added to the non-U.S. certified 1996 Toyota RAV4 MPV so that it

complies with the Bumper Standard found in 49 CFR Part 581.

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 9 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.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 99-20733 Filed 8-10-99; 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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