Determination That Nonconforming 1978 Through 1981 Bristol VRT Buses Are Eligible for Importation

Topics:  Bristol

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

[Federal Register: May 25, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-16; Notice 2]

 
Determination That Nonconforming 1978 Through 1981 Bristol VRT 
Buses Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1978 
through 1981 Bristol VRT buses are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1978 
through 1981 Bristol VRT buses that were not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards are 
eligible for importation into the United States because they have 
safety features that comply with, or are capable of being modified to 
comply with all such standards.

DATES: The determination is effective May 25, 1994.

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION: 

Background

    Under section 108(c)(3)(A)(i)(I) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i)(I), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under section 114 of the Act, and of 
the same model year as the model of the motor vehicle to be compared, 
and is capable of being readily modified to conform to all applicable 
Federal motor vehicle safety standards. Where there is no substantially 
similar U.S.-certified motor vehicle, section 108(c)(3)(A)(i)(II) of 
the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II), permits a nonconforming motor 
vehicle to be admitted into the United States if its safety features 
comply with, or are capable of being modified to comply with, all 
applicable Federal motor vehicle safety standards based on destructive 
test data or such other evidence as NHTSA determines to be adequate.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    Double Decker Bus Company of Denver, Colorado (Registered Importer 
No. R-93-015) petitioned NHTSA to determine whether 1978 through 1981 
Bristol VRT buses are eligible for importation into the United States. 
NHTSA published notice of the petition on March 17, 1994 (59 FR 12635) 
to afford an opportunity for public comment. As described in that 
notice, the petitioner claimed that the 1978 through 1981 Bristol VRT 
buses have safety features that comply with Standard Nos. 102 
Transmission Shift Lever Sequence * * * (based on schematic diagram 
indicating starter interlock protection and photograph showing shift 
lever positions), 103 Defrosting and Defogging Systems (based on 
statement and photograph indicating that system incorporates 
electrically heated elements and heated air blowers), 104 Windshield 
Wiping and Washing Systems (based on statement and photographs 
indicating that system is pneumatically driven and offers full coverage 
of windshield at two set speeds and intermittently), 107 Reflecting 
Surfaces (based on statement and photographs indicating that reflective 
glare is kept to a minimum in the driver's cab through the use of matt 
black paint on the windshield wipers, the rearview mirror frame, the 
dash, and the cab walls), 120 Tire Selection and Rims for Motor 
Vehicles other than Passenger Cars (based on statement and photographs 
showing certification markings on tires supplied by vehicle purchaser 
and rims selected by petitioner, and describing contents of tire 
information placard), 121 Air Brake Systems (based on statement, 
photographs, and specifications indicating that vehicles are equipped 
with air compressors and associated equipment that provide greater cut-
in pressure than 85 p.s.i.), 124 Accelerator Control Systems (based on 
statement and photographs indicating that throttle return is provided 
by pneumatic valve, supplemented by a spring loaded foot pedal and 
photographs showing pneumatic accelerator resetting is less than one 
second), 205 Grazing Materials (based on statement and photographs 
showing that glazing materials bear DOT certification markings), 207 
Seating Systems, (based on statement and photographs indicating that 
seats are securely mounted to vehicle floor and photographs showing 
forces applied to driver's seat), 217 Bus Window Retention and Release 
(based on statement describing window retention test results, 
calculations indicating size and distribution of emergency exits, and 
photographs showing emergency exit markings), and 302 Flammability of 
Interior Materials (based on statements and photographs indicating 
composition of upholstery, and test results).
    The petitioner also contended that 1978 through 1981 Bristol VRT 
buses are capable of being modified to comply with the following 
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: (a) Installation of a 
potentiometer wired in series to provide variation in panel lighting; 
(b) installation of dash-mounted high beam telltale; (c) installation 
of U.S.-model license plate lamp.
    Standard No. 106 Brake Hoses: Replacement of flexible brake hoses 
on front wheels with U.S.-model parts.
    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: Installation of the following equipment bearing DOT 
certification markings: (a) Two sealed beam headlamps, three amber 
identification lamp clusters, two amber clearance lamps, and two amber 
length and height markers at the front end of the vehicle; (b) two tail 
lamp assemblies, three red identification lamp clusters, two red 
clearance lamps, two red length and height markers, two red side 
marker/reflectors, and one license plate illumination lamp at the rear 
end of the vehicle; (c) two amber reflectors at the midsection of the 
vehicle's right side; (d) two amber reflectors at the midsection of the 
vehicle's left side.
    Standard No. 111 Rearview Mirrors: Replacement of the rearview 
mirrors with U.S.-model parts.
    Standard No. 125 Warning Devices: Procurement of three U.S.-model 
reflective warning triangles to be carried on vehicle.
    Standard No. 208 Occupant Crash Protection: Installation of a U.S.-
model Type 2 seat belt at the driver's position.
    Standard No. 209 Seat Belt Assemblies: Installation of a U.S.-model 
Type 2 seat belt at the driver's position.
    Standard No. 210 Seat Belt Assembly Anchorages: Use of 16-20UNF-2A 
hardened bolts, flat washers, lock washers, and nuts as anchorage 
hardware.
    No comments were received in response to the notice of the 
petition. Based on its review of the information submitted by the 
petitioner, NHTSA has determined to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VCP #2 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that 1978 through 1981 Bristol VRT buses are eligible for importation 
into the United States because they have safety features that comply 
with, or are capable of being modified to comply with, all applicable 
Federal motor vehicle safety standards.

    Authority: 15 U.S.C. 1397(c)(3)(A)(i)(II) and (C)(iii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
    Issued on: May 20, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-12781 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-59-M