Denial of Petition for Import Eligibility Determination

Topics:  Daimler DS420

William A. Boehly
National Highway Traffic Safety Administration
March 25, 1994

[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[UN]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-7008]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 93-45; Notice 2]

 

Denial of Petition for Import Eligibility Determination

    This notice sets forth the reasons for the denial of a petition 
submitted to the National Highway Traffic Safety Administration 
(``NHTSA'') under section 108(c)(3)(C)(i)(II) of the National Traffic 
and Motor Vehicle Safety Act (``the Act''), 15 U.S.C. 
1397(c)(3)(C)(i)(II), and 49 CFR part 593. The petition, which was 
submitted by ICI International, Inc. of Orlando, Florida ``ICI''), a 
Registered Importer of motor vehicles, requested NHTSA to determine 
that a 1971 Daimler Limousine DR 420 passenger car that was not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards is eligible for importation into the United 
States because it has safety features that comply with, or are capable 
of being modified to comply with, those standards.
    NHTSA published a notice in the Federal Register on June 30, 1993 
(58 FR 30570) that contained a thorough description of the petition, 
and solicited public comments upon it. One comment was received in 
response to this notice, from Jaguar Cars Inc. (``Jaguar''), the United 
States importer of new motor cars manufactured by Jaguar Cars Ltd., the 
manufacturer of the 1971 Daimler Limousine. Jaguar noted that Jaguar 
Cars Led. never produced a ``DR 420'' model Daimler Limousine, but that 
it did produce a model ``DS 420.'' ICI subsequently acknowledged that 
``DS 420'' is the appropriate model designation for the vehicle that is 
the subject of its petition.
    In its comments, Jaguar expressed disagreement with ICI's claim 
that the 1971 Daimler Limousine DS 420, as originally manufactured, 
complies with Standard. Nos. 103 Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 203 Impact Protection for the 
Driver From the Steering Control System and 205 Glazing Materials. 
Jaguar further asserted that the 1971 Daimler Limousine DS 420 cannot 
``be easily modified'' to comply with Standard Nos. 108 Lamps, 
Reflective Devices and Associated Equipment, 208 Occupant Crash 
Protection, 209 Seat Belt Assemblies, and 210 Seat Belt Assembly 
Anchorages.
    ICI was given an opportunity to respond to Jaguar's comments. In 
its response, ICI failed to supply sufficient information to establish 
that the 1971 Daimler Limousine DS 420 complies with Standard Nos. 103, 
104, and 203, and can be easily modified to comply with Standard No. 
210. NHTSA requested ICI to supply this information on six separate 
occasions from November 17, 1993 to January 24, 1994, but received no 
response to any of these requests. This has compelled NHTSA to 
conclude, from the state of the record, that it cannot determine that 
the 1971 Daimler Limousine DS 420 is eligible for importation. The 
petition must therefore be denied under 49 CFR 593.7(e).
    In accordance with section 108(c)(3)(C)(ii) of the Act, 15 U.S.C. 
1397(c)(3)(C)(ii), and 49 CFR 593.7(e), NHTSA will not consider a new 
import eligibility petition covering this vehicle until at least three 
months from the date of this notice.

    Authority: 15 U.S.C. 1397(c)(3)(C)(ii); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-7008 Filed 3-24-94; 8:45 am]
BILLING CODE 4910-59-M