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Denial of Petition for Import Eligibility Determination Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: William A. Boehly Date: 15 August 1994 Subject: American Government  • Safety
Topic: Range Rover |
[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19864]
[[Page Unknown]]
[Federal Register: August 15, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 93-60; 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 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(C)(i)(I) of
the National Traffic and Motor Vehicle Safety Act (the Act)). The
petition, which was submitted by G&K Automotive Conversion, Inc. of
Santa Anna, California (G&K), a registered importer of motor vehicles,
requested NHTSA to determine that a 1992 Range Rover multi-purpose
passenger vehicle (MPV) that was not originally manufactured to comply
with all applicable Federal motor vehicle safety standards is eligible
for importation into the United States because (1) it is substantially
similar to the version of the 1992 Range Rover that was originally
manufactured for importation into and sale in the United States and
that was certified by its original manufacturer as complying with the
safety standards, and (2) it is capable of being rapidly modified to
conform to all applicable Federal motor vehicle safety standards.
NHTSA published a notice in the Federal Register on September 7,
1993 (58 FR 47177) that contained a thorough description of the
petition, and solicited public comments upon it. One comment was
received in response to this notice, from the North American
Engineering Office of Rover Group Ltd. (Rover), the vehicle's original
manufacturer.
In its comment, Rover expressed disagreement with G&K's contention
that the non-U.S. certified 1992 Range Rover is capable of being
readily modified to conform to all applicable Federal motor vehicle
safety standards. Rover principally noted that the chassis on the U.S.
certified 1992 Range Rover differs from that on the non-U.S. certified
model to meet the more stringent test requirements for fuel system
integrity in Standard No. 301. Because these differences are integral
to the chassis, and cannot be eliminated through the addition of
individual components, Rover asserted that replacement of the chassis
would be necessary to bring a non-U.S. certified 1992 Range Rover into
compliance with Standard No. 301. In view of this circumstance, Rover
contended that the non-U.S. certified 1992 Range Rover is not capable
of being readily modified to conform to all applicable Federal motor
vehicle safety standards, precluding it from being determined eligible
for importation.
In a subsequent comment elaborating on this issue, Rover stated
that the U.S. certified 1992 Range Rover has a higher gross vehicle
weight rating (GVWR) and a greater towing capacity than its non-U.S.
certified counterpart. To achieve these characteristics, Rover stated
than an integral trailer hitch is incorporated into the chassis on the
U.S.-certified model. Rover stated that it has tested vehicles equipped
with this chassis for compliance with Standard No. 301, but has not
performed equivalent testing for non-U.S. certified models.
Rover later advised NHTSA that the chassis on the U.S. certified
1992 Range Rover differs from that on the non-U.S. certified model in
the following respects:
(1) A crash can is welded to the frame at the end of each side rail
to absorb energy from a rear collision. Rover noted that these
components are concealed by the bumper when the vehicle is assembled.
(2) Two large saddle plates are welded to the frame on the top of
each side rail at a position adjacent to the fuel tank. These plates
are intended to stiffen the area surrounding the fuel tank to help meet
the high impact speed test requirements of Standard No. 301.
(3) Additional stiffening plates are attached in front of the
intermediate rear cross member, next to the rear ``A'' frame mounting
brackets, to help distribute the loads imparted to the chassis under
Standard No. 301 test conditions.
(4) Additional load carrying capability under Standard No. 301 test
conditions is provided by the ``A'' struts of the towing hitch assembly
that is welded onto the chassis.
Rover stated that all of these additional components are installed
on the chassis by the chassis supplier, using precise welding jigs and
procedures, prior to the addition of corrosion inhibitors. Rover
further stated that none of these components are available as
individual parts.
After being apprised by NHTSA of the Standard No. 301 compliance
issues raised by Rover, G&K was unable to demonstrate that the non-U.S.
certified 1992 Range Rover is capable of being readily modified to
conform to that standard. Accordingly, NHTSA has concluded that the
petition does not clearly demonstrate that the non-U.S. certified 1992
Range Rover is eligible for importation. The petition must therefore be
denied under 49 CFR 593.7(e).
In accordance with 49 U.S.C. 30141(b)(1) (formerly section
108(c)(3)(C)(ii) of the Act), NHTSA will not consider a new import
eligibility petition covering this vehicle until at least three months
from the date of this notice.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: August 5, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-19864 Filed 8-12-94; 8:45 am]
BILLING CODE 4910-59-M