Decision That Nonconforming Model Year 2000 East Lancashire Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L Chassis) Are Eligible for Importation

Topics:  East Lancs, Volvo B7L

John Finneran
National Highway Traffic Safety Administration
August 5, 2015

[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46645-46646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19210]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0021, Notice 2]


Decision That Nonconforming Model Year 2000 East Lancashire 
Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L 
Chassis) Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2000 East 
Lancashire Coachbuilders Limited Double Decker Tri-Axle buses (with 
Volvo B7L Chassis) that were not originally manufactured to comply with 
all applicable Federal Motor Vehicle Safety Standards (FMVSS) are 
eligible for importation into the United States because they have 
safety features that comply with, or are capable of being altered to 
comply with, all applicable FMVSS.

DATES: This decision became effective on July 30, 2015.

ADDRESSES: For further information contact George Stevens, Office of 
Vehicle Safety Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C 30141(a)(1)(B),a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided its 
safety features comply with, or are capable of being altered to comply 
with, all applicable FMVSS based on destructive test data or such other 
evidence that NHTSA decides to be adequate.
    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.
    US Specs, of Havre de Grace, Maryland (``US Specs'') (Registered 
Importer No. RI-03-321), petitioned NHTSA to decide whether MY 2000 
East Lancashire Coachbuilders Limited Double Decker Tri-Axle buses 
(with Volvo B7L Chassis) are eligible for importation into the United 
States. NHTSA published a notice of the petition on January 26, 2015 
(80 FR 4033) to afford an opportunity for public comment. No comments 
were received. The reader is referred to that notice for a thorough 
description of the petition.

NHTSA Conclusions

    NHTSA has reviewed the petition and supporting information 
submitted by US Specs and has concluded that the vehicles covered by 
the petition have safety features that are capable of being altered to 
comply with all applicable FMVSS.
    NHTSA has also determined that because the subject vehicles were 
manufactured in two or more stages, any Registered Importer (RI) that 
imports the subject vehicles must provide separate proof that the 
chassis and the body of each vehicle are the originals used by East 
Lancashire Coachbuilders Limited when manufacturing the bus for the 
subject model year. Such proof shall be provided as part of the 
statement of

[[Page 46646]]

conformity and associated documents (referred to as a ``conformity 
package'') the RI must submit to NHTSA under 49 CFR 592.6(d) to obtain 
release of the DOT Conformance bond furnished at the time the vehicle 
is imported.
    Because it is common practice for transit bus bodies to have 
seating and other interior modifications made during use for the 
purposes of update and repair, it is expected that after many years in 
service at least some of the buses eligible for importation under this 
decision will not have the same interior configuration, controls and 
displays, etc., as the vehicle(s) described in the petition. Therefore, 
NHTSA has decided that RIs must also include in each conformity package 
specific proof to confirm that the vehicle was originally manufactured 
to conform to, or was successfully altered to conform to, each 
applicable standard. Any components that differ from the original 
equipment installed on the vehicle must be fully described, and if the 
presence of that component could impact the vehicle's compliance with 
an applicable safety standard, the conformity package must include 
reports of testing or inspection sufficient to establish the vehicle's 
compliance with that standard with the component installed. This 
additional information must also be supplied any time an alteration 
that requires replacement of a nonconforming system, such as the 
vehicle driver's seat or accelerator control system, differs from that 
originally described in the petition.
    In addition to the modifications described in the petition as 
needed to conform the vehicle to all applicable FMVSS, NHTSA has 
decided that additional or alternative modifications must be performed, 
and, for some of those modifications, proof of conformance must be 
provided in the conformity package, as set forth below.
    Standard No. 108--Lamps, Reflective Devices and Associated 
Equipment: The conformity package must include documentation from the 
lighting manufacturer for each lamp mounted on the bus showing that the 
lamp has been certified as conforming to FMVSS No. 108 for the purpose 
for which the lamp is used. Specific proof that the headlamps meet the 
operating voltage requirements of FMVSS No. 108 must also be provided 
in the conformity package.
    Standard No. 121--Air Brake Systems: Inspection of each bus to 
specifically verify that the critical components listed below (by the 
applicable paragraph in FMVSS No. 121) are present, are significantly 
similar to those originally installed on the Volvo B7L chassis and 
function as required for compliance with FMVSS No. 121. Should any part 
not be present, or prevent compliance with the requirements of the 
standard as installed, modification of the bus and proof of conformance 
after modification must be included with each conformity package.

    S5.1.1--Data related to reservoir volumes necessary to 
demonstrate conformance to compressor recharge rate.
    S5.1.2.3--Check valves to protect against reservoir air loss.
    S5.1.2.4--Manually operated condensate drain valve for 
reservoirs.
    S5.1.4--In-dash pressure gauge.
    S5.1.5--Device that gives a low pressure warning in accordance 
with this section.
    S5.1.8(a)--Automatic slack adjusters.
    S5.1.6.2--In-dash ABS malfunction indicator lamp/check lamp 
function.
    S5.6.4--Identification of the method of control operation of the 
parking brake control.

    Photographs of all brake system related controls and displays must 
also be included in each conformity package.
    Standard No. 124--Accelerator Control Systems: Installation of a 
specific accelerator control system to meet the requirements of this 
standard was described in the petition. Documentation showing that, as 
modified, the vehicle conforms to the standard must be provided in each 
conformity package.
    Standard No. 205--Glazing Materials: All glazing replaced to meet 
the requirements of FMVSS No. 217 must also meet all applicable 
requirements of FMVSS No. 205. In addition, all glazing must be 
inspected for compliance with FMVSS No. 205. Any noncompliant glazing 
must be replaced with compliant glazing and proof of compliance must be 
included in each conformity package.
    Standard No. 217--Bus Emergency Exits and Window Retention and 
Release: The petition states that the vehicles must be modified by 
installation of an emergency escape hatch and emergency escape windows 
in a manner consistent with the requirements of this standard. Test 
reports were submitted in an effort to demonstrate that compliance with 
the standard can be achieved after these modifications are performed. 
Photographs (including images of all required labeling) and bus plan 
view drawings showing the location and operation of all exits, must be 
provided with each conformity package.
    Standard No. 302--Flammability of Interior Materials: Documentation 
showing how the RI has confirmed that all interior components on each 
bus conform to all applicable requirements of this standard, including 
any test reports not submitted as part of the petition, must be 
provided with each conformity package.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2000 East Lancashire Coachbuilders Limited Double Decker Tri-
Axle buses (mounted on a Volvo B7L Chassis), that were not originally 
manufactured to comply with all applicable FMVSS, are capable of being 
altered to conform to all applicable Federal Motor Vehicle Safety 
Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VCP-59 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

    Issued on: July 30, 2015.
John Finneran,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-19210 Filed 8-4-15; 8:45 am]
 BILLING CODE 4910-59-P