Decision That Nonconforming 2005 Toyota RAV4 Multipurpose Passenger Vehicles Are Eligible for Importation, 65170-65172 [E6-18710]
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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
In an
August 18, 2006 Federal Register
notice, FRA announced that it had
received an application from the Dakota,
Minnesota & Eastern Railroad
Corporation (DM&E) for a $2.3 billion
loan under the Railroad Rehabilitation
and Improvement Financing (RRIF)
program to fund the railroad’s Powder
River Basin Expansion Project (Project)
to construct approximately 280 miles of
new rail line to reach the coal mines of
Wyoming’s Powder River Basin and to
reconstruct another approximately 600
miles of DM&E’s existing rail line to
allow operation of unit coal trains along
the reconstructed route to and from the
new line. DM&E had received
permission to undertake the Project
from the Surface Transportation Board
(STB) in a February 15, 2006 decision
(see Finance Docket 33407). The STB
had prepared a detailed environmental
review of the Project pursuant to the
National Environmental Policy Act. As
authorized by Council on
Environmental Quality (CEC)
Regulations, FRA decided to adopt the
Environmental Impact Statement (EIS)
and Supplemental Environmental
Impact Statement (SEIS) issued by the
STB for Project. Consistent with the
CEQ regulations, FRA recirculated the
STB’s EIS and SEIS. EPA’s publication
in the Federal Register of the notice of
availability also occurred on August 18,
2006. FRA also announced the
availability of a draft section 4(f)/303
Statement prepared for the Project by
the FRA pursuant to section 4(f) of the
Department of Transportation Act (49
U.S.C. 303(c)) and that the FRA was
seeking to participate as a concurring
party in the existing section 106
Programmatic Agreement. FRA further
indicated in the Federal Register notice
that it would accept public comment on
its announced actions through October
10, 2006.
FRA is now announcing that in light
of the substantial volume of comments
received it is creating an electronic
docket containing the comments that
were submitted. The electronic docket is
available through the DOT Docket
Management System (DMS) and is
found at https://dms.dot.gov/. The docket
number for this environmental review is
FRA 2006–26099. For access to the
docket to read background documents
or comments received, go to https://
dms.dot.gov at any time or to PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
The electronic docket will facilitate
public access to the comments and
ycherry on PROD1PC64 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
14:44 Nov 06, 2006
Jkt 211001
enhance FRA’s ability to evaluate and
address the comments. While creation
of an electronic docket is not the
agency’s normal practice for
environmental reviews, the special
circumstances present in this
proceeding made this an attractive
option for the agency. The DMS staff
will add the submitted comments as
expeditiously as possible and comments
will be available as they are added to
the system.
Note that comments received will be
posted without change to https://
dms.dot.gov including any personal
information. All commenters should be
aware that anyone is potentially able to
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would be included in an electronic
docket, please contact the DMS office at:
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Issued in Washington, DC on October 31,
2006.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. E6–18730 Filed 11–6–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2006–23701; Notice 2]
Decision That Nonconforming 2005
Toyota RAV4 Multipurpose Passenger
Vehicles Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of decision by the
National Highway Traffic Safety
Administration that nonconforming
2005 Toyota RAV4 multipurpose
passenger vehicles are eligible for
importation.
AGENCY:
SUMMARY: This document announces a
decision by the National Highway
Traffic Safety Administration (NHTSA)
that certain 2005 Toyota RAV4
multipurpose passenger vehicles
(MPVs) that were not originally
manufactured to comply with all
applicable Federal motor vehicle safety
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
standards (FMVSS) are eligible for
importation into the United States
because they are substantially similar to
vehicles originally manufactured for
importation into and sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S. certified
version of the 2005 Toyota RAV4 MPV),
and they are capable of being readily
altered to conform to the standards.
DATES: This decision was effective April
17, 2006. The agency notified the
petitioner at that time that the subject
vehicles are eligible for importation.
This document provides public notice
of the eligibility decision.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
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 FMVSS 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 as required
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 FMVSS.
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.
J.K. Technologies, LLC (JK) of
Baltimore, Maryland (Registered
Importer 90–006), petitioned NHTSA to
decide whether 2005 Toyota RAV4
MPVs are eligible for importation into
the United States. NHTSA published
notice of the petition on January 31,
2006 (71 FR 5115) to afford an
opportunity for public comment. The
reader is referred to that notice for a
thorough description of the petition.
One comment was received in
response to the notice of petition, from
Toyota Motor North America, Inc.
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
ycherry on PROD1PC64 with NOTICES
(Toyota), the U.S. representative of the
vehicle’s original manufacturer. Toyota
addressed issues it believed JK had
overlooked in describing alterations
necessary to conform non-U.S. certified
2005 Toyota RAV4 MPVs to FMVSS
Nos. 135 Light Vehicle Brake Systems,
208 Occupant Crash Protection, 225
Child Restraint Anchorage Systems, and
301 Fuel System Integrity. Toyota also
questioned the ability of registered
importers (RIs) to conduct safety recall
campaigns to notify owners and remedy
safety-related defects in imported
nonconforming vehicles. The agency
afforded JK an opportunity to respond to
the issues raised by Toyota. Toyota’s
comments and JK’s responses are
summarized below, together with
NHTSA’s analysis of each matter at
issue.
1. Issues Involving Specific Standards
Several of Toyota’s comments
concerned the capability of the vehicles
to be modified to meet the requirements
of certain standards. Set forth below is
a discussion of these comments.
The petition stated that the vehicles
conformed to the requirements of
FMVSS No. 135 Light Vehicle Brake
Systems and FMVSS No. 301 Fuel
System Integrity as originally
manufactured. The petition also stated
that the vehicles are capable of being
readily altered to comply with FMVSS
No. 225 Child Restraint Anchorage
Systems and with FMVSS No. 208
Occupant Crash Protection by the
installation of U.S.-model components
meeting the requirements of those
standards on vehicles not already so
equipped.
Toyota stated that certain
configurations of the 2005 Toyota RAV4
MPV may have braking system
components and body construction in
the area of the FMVSS No. 225
anchorage mountings different from
what is found on U.S.-certified vehicles.
Toyota emphasized that modifications
to these systems require special
attention to ensure that the vehicles, as
modified, conform to all applicable
safety standards.
Toyota expressed additional concerns
relating to the modification or
replacement of occupant protection
system components. The company
raised issues regarding the installation
of components that contribute to
meeting the requirements of FMVSS No.
208, including airbag modules, sensors
and software, and related systems.
Toyota also commented that the fuel
system installed in U.S.-certified 2005
Toyota RAV4 MPVs is unique to the
U.S.-certified model because it is
designed specifically to comply with
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14:44 Nov 06, 2006
Jkt 211001
United States emission requirements,
and, in some vehicles, with additional
state of California emission
requirements. Toyota described the fuel
system components unique to the U.S.
model as including specialized fuel and
evaporative gas lines, control valves,
and the fuel canister. Toyota
emphasized that all nonconforming
2005 Toyota RAV4 MPVs must be
examined for the existence of all U.S.model fuel system components and that
vehicles not already so equipped must
have U.S.-model components installed
to meet the requirements of FMVSS No.
301 Fuel System Integrity.
In its response, JK stated:
The required changes to meet the
emissions standards for ORVR 2nd OBD II
concern the gas tank, fuel lines, vapor lines,
filler neck, evaporative canister, rollover
valve, check valves, wiring harnesses and all
associated hardware and mounting brackets
for the aforementioned parts. These parts
have all been changed to the U.S. parts and
are mounted on the existing body mounts
that were installed at the time of manufacture
of the vehicle by Toyota. There have been no
structural modifications of any kind to install
these parts. There has been no welding or
cutting of any kind and all hardware has
been purchased from the Toyota dealer
system. These were all completed as part of
the stringent requirements including
Certification Testing for [the U.S.
Environmental Protection Agency], as J.K.
Technologies, Inc., is also a licensed
Independent Commercial Importer ‘‘ICI’’
JK further noted that all vehicles
imported into the United States must be
inspected for the presence of a U.S.model fuel system and braking system,
as well as occupant crash protection and
child restraint anchorage system
components. The company stated that
vehicles not already so equipped must
have U.S.-model components installed
to meet the requirements of FMVSS
Nos. 135 Light Vehicle Brake Systems,
208 Occupant Crash Protection, 225
Child Restraint Anchorage Systems, and
301 Fuel System Integrity.
JK specifically stated that the front
passenger seat belt system did not meet
the requirements of FMVSS No. 208 and
that U.S.-model seat belts would have to
be installed at that seating position to
meet the requirements of the standard.
Agency Analysis: NHTSA has
concluded that all 2005 Toyota RAV4
vehicles imported into the United States
must be inspected for the presence of
U.S.-model fuel system, braking system,
occupant crash protection, and child
restraint anchorage system components.
Vehicles not already so equipped must
have U.S.-model components installed
to meet the requirements of FMVSS
Nos. 135 Light Vehicle Brake Systems,
208 Occupant Crash Protection, 225
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
65171
Child Restraint Anchorage Systems, and
301 Fuel System Integrity.
Conformity packages submitted for
vehicles imported under the decision
must demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with all
standards at issue. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming vehicles.
2. Safety-Related Defect Recall
Campaigns
Toyota also questioned the ability of
parties other than Toyota authorized
agents to conduct safety recall
campaigns to notify owners of safetyrelated defects and to remedy such
defects.
JK responded by noting that all
vehicles certified by RIs must be
covered by a mandatory service
insurance policy to assure that recall
notification and remedies are provided.
Agency Analysis: RIs are by definition
‘‘manufacturers’’ under the National
Traffic and Motor Vehicle Safety Act of
1966, as amended (the Act), 49 U.S.C.
30101 et seq. As such, RIs have the same
recall responsibilities as motor vehicle
and replacement equipment
manufacturers under the Act. RIs have
the duty to ensure that there are no
outstanding safety recalls on the
vehicles they import before they sell or
release custody of those vehicles. Once
a vehicle has been sold or released, an
RI has a continuing duty—extending
through the life of the vehicle—to
provide its owner with notification of
any safety-related defects or
noncompliances with the FMVSS that
are determined to exist in the vehicle.
RIs also have a continuing obligation to
provide a free remedy for any such
defects or noncompliances for a period
of up to ten (10) years after the sale of
the vehicle to its first purchaser. For any
recall campaigns that may be
conducted, RIs have the added
responsibility of providing NHTSA with
periodic reports on the progress of those
campaigns. These responsibilities are
explained in greater detail below.
In the statement of conformity that it
submits to NHTSA for each vehicle that
it imports, an RI must certify and
substantiate that the vehicle either is not
subject to any safety recalls or that all
noncompliances and defects that are the
subject of those safety recalls have been
remedied. The RI must substantiate this
certification by furnishing with the
statement of conformity documentation
E:\FR\FM\07NON1.SGM
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65172
Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices
ycherry on PROD1PC64 with NOTICES
from the vehicle’s original manufacturer
verifying that the vehicle is not subject
to any outstanding safety recalls.
For each vehicle for which it
furnishes a statement of conformity to
the agency, an RI must also maintain a
mandatory service insurance policy in
the amount of $2,000, written or
underwritten by an independent
insurance company, to ensure that the
RI is financially capable of remedying
any safety-related defect or
noncompliance with an FMVSS that is
determined to exist in the vehicle. The
policy must be furnished with the
vehicle at or before the time the RI sells
or releases custody of the vehicle.
RIs have notification and remedy
responsibilities as well. As specified in
49 CFR 592.6(i)(1), an RI must notify
NHTSA under 49 CFR part 573 and
notify owners under 49 CFR part 577 if
a vehicle that the RI has imported, or for
which it furnished the agency with a
statement of conformity, is substantially
similar to one that has been found to
contain a safety-related defect or a
noncompliance with an applicable
FMVSS. In this circumstance, the RI
also has the duty to provide the affected
owner with a remedy without charge
(assuming it has not been more than ten
years since the first sale of the vehicle).
However, notification and remedy is not
required if the vehicle’s manufacturer or
the RI demonstrates that the defect or
noncompliance is not present in the
vehicle, or that the defect or
noncompliance was remedied before the
statement of conformity was submitted
to NHTSA’s Office of Vehicle Safety
Compliance. An RI also is not required
to provide notification and remedy
where the vehicle’s fabricating
manufacturer has undertaken those
responsibilities.
For all recall campaigns it conducts,
an RI must also submit to NHTSA two
progress reports identifying the number
of vehicles remedied in response to its
notice.
These requirements ensure that the
owners of vehicles imported by RIs
receive proper notification and remedy
in the event that a safety-related defect
or noncompliance is found to exist in
their vehicle.
In view of these considerations, the
agency decided to grant the petition.
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. VSP–480 is the
vehicle eligibility number assigned to
VerDate Aug<31>2005
14:44 Nov 06, 2006
Jkt 211001
vehicles admissible under this notice of
final decision.
Final Decision
Accordingly, on the basis of the
foregoing, NHTSA has decided that
2005 Toyota RAV4 multipurpose
passenger vehicles that were not
originally manufactured to comply with
all applicable FMVSS are substantially
similar to 2005 Toyota RAV4
multipurpose passenger vehicles
originally manufactured for importation
into and sale in the United States and
certified under 49 U.S.C. 30115, and are
capable of being readily altered to
conform to all applicable FMVSS.
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.
Issued on: November 1, 2006.
Harry Thompson,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. E6–18710 Filed 11–6–06; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–23090]
Revised Highway Safety Program
Guidelines Nos. 3, 8, 14, 15, 19, and 20
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Revisions to highway safety
program guidelines.
AGENCY:
SUMMARY: Section 402 of title 23 of the
United States Code requires the
Secretary of Transportation to
promulgate uniform guidelines for State
highway safety programs.
This notice revises six of the existing
guidelines to reflect program
methodologies and approaches that
have proven to be successful and are
based on sound science and program
administration. The guidelines the
agency is revising today are Guideline
No. 3—Motorcycle Safety, Guideline
No. 8—Impaired Driving, Guideline No.
14—Pedestrian and Bicycle Safety,
Guideline No. 15—Traffic Enforcement
Services (formerly Police Traffic
Services), Guideline No. 19—Speed
Management (formerly Speed Control),
and Guideline No. 20—Occupant
Protection.
The revised guidelines are
effective on November 7, 2006.
DATES:
FOR FURTHER INFORMATION CONTACT:
Susan Kirinich, Research and Program
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
Development, NTI–100, National
Highway Traffic Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590; Telephone: (202) 366–1755;
Facsimile: (202) 366–7149.
SUPPLEMENTARY INFORMATION:
I. Background
Section 402 of title 23 of the United
States Code requires the Secretary of
Transportation to promulgate uniform
guidelines for State highway safety
programs. As the highway safety
environment changes, it is necessary for
NHTSA to update the guidelines to
provide current information on effective
program content for States to use in
developing and assessing their traffic
safety programs. Each of the revised
guidelines reflects the best available
science and the real-world experience of
NHTSA and the States in developing
and managing traffic safety programs.
NHTSA will update the guidelines
periodically to address new issues and
to emphasize program methodology and
approaches that have proven to be
effective in these program areas.
The guidelines offer direction to
States in formulating their highway
safety plans for highway safety efforts
that are supported with section 402
grant funds as well as safety activities
funded from other sources. The
guidelines provide a framework for
developing a balanced highway safety
program and serve as a tool with which
States can assess the effectiveness of
their own programs. NHTSA encourages
States to use these guidelines and build
upon them to optimize the effectiveness
of highway safety programs conducted
at the State and local levels.
The revised guidelines emphasize
areas of nationwide concern and
highlight effective countermeasures.
The six guidelines NHTSA is revising
today are the first in a series of planned
revisions. As each guideline is updated,
it will bear the date of its revision.
All the highway safety program
guidelines, including the six guidelines
revised today, will be available soon on
the NHTSA Web site in the Highway
Safety Grant Management Manual.
In a Notice published in the Federal
Register on February 9, 2006 (71 FR
6830), the agency proposed to amend
six highway safety program guidelines
and requested comments on the
proposed revisions. These guidelines
included Guideline No. 3—Motorcycle
Safety, Guideline No. 8—Impaired
Driving, Guideline No. 14—Pedestrian
and Bicycle Safety, Guideline No. 15—
Traffic Enforcement Services (formerly
Police Traffic Services), Guideline No.
19—Speed Management (formerly
Speed Control), and Guideline No. 20—
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65170-65172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18710]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2006-23701; Notice 2]
Decision That Nonconforming 2005 Toyota RAV4 Multipurpose
Passenger Vehicles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by the National Highway Traffic Safety
Administration that nonconforming 2005 Toyota RAV4 multipurpose
passenger vehicles are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration (NHTSA) that certain 2005 Toyota RAV4
multipurpose passenger vehicles (MPVs) 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 are substantially similar to vehicles originally
manufactured for importation into and sale in the United States and
that were certified by their manufacturer as complying with the safety
standards (the U.S. certified version of the 2005 Toyota RAV4 MPV), and
they are capable of being readily altered to conform to the standards.
DATES: This decision was effective April 17, 2006. The agency notified
the petitioner at that time that the subject vehicles are eligible for
importation. This document provides public notice of the eligibility
decision.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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 FMVSS 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 as required 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 FMVSS.
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.
J.K. Technologies, LLC (JK) of Baltimore, Maryland (Registered
Importer 90-006), petitioned NHTSA to decide whether 2005 Toyota RAV4
MPVs are eligible for importation into the United States. NHTSA
published notice of the petition on January 31, 2006 (71 FR 5115) to
afford an opportunity for public comment. The reader is referred to
that notice for a thorough description of the petition.
One comment was received in response to the notice of petition,
from Toyota Motor North America, Inc.
[[Page 65171]]
(Toyota), the U.S. representative of the vehicle's original
manufacturer. Toyota addressed issues it believed JK had overlooked in
describing alterations necessary to conform non-U.S. certified 2005
Toyota RAV4 MPVs to FMVSS Nos. 135 Light Vehicle Brake Systems, 208
Occupant Crash Protection, 225 Child Restraint Anchorage Systems, and
301 Fuel System Integrity. Toyota also questioned the ability of
registered importers (RIs) to conduct safety recall campaigns to notify
owners and remedy safety-related defects in imported nonconforming
vehicles. The agency afforded JK an opportunity to respond to the
issues raised by Toyota. Toyota's comments and JK's responses are
summarized below, together with NHTSA's analysis of each matter at
issue.
1. Issues Involving Specific Standards
Several of Toyota's comments concerned the capability of the
vehicles to be modified to meet the requirements of certain standards.
Set forth below is a discussion of these comments.
The petition stated that the vehicles conformed to the requirements
of FMVSS No. 135 Light Vehicle Brake Systems and FMVSS No. 301 Fuel
System Integrity as originally manufactured. The petition also stated
that the vehicles are capable of being readily altered to comply with
FMVSS No. 225 Child Restraint Anchorage Systems and with FMVSS No. 208
Occupant Crash Protection by the installation of U.S.-model components
meeting the requirements of those standards on vehicles not already so
equipped.
Toyota stated that certain configurations of the 2005 Toyota RAV4
MPV may have braking system components and body construction in the
area of the FMVSS No. 225 anchorage mountings different from what is
found on U.S.-certified vehicles. Toyota emphasized that modifications
to these systems require special attention to ensure that the vehicles,
as modified, conform to all applicable safety standards.
Toyota expressed additional concerns relating to the modification
or replacement of occupant protection system components. The company
raised issues regarding the installation of components that contribute
to meeting the requirements of FMVSS No. 208, including airbag modules,
sensors and software, and related systems.
Toyota also commented that the fuel system installed in U.S.-
certified 2005 Toyota RAV4 MPVs is unique to the U.S.-certified model
because it is designed specifically to comply with United States
emission requirements, and, in some vehicles, with additional state of
California emission requirements. Toyota described the fuel system
components unique to the U.S. model as including specialized fuel and
evaporative gas lines, control valves, and the fuel canister. Toyota
emphasized that all nonconforming 2005 Toyota RAV4 MPVs must be
examined for the existence of all U.S.-model fuel system components and
that vehicles not already so equipped must have U.S.-model components
installed to meet the requirements of FMVSS No. 301 Fuel System
Integrity.
In its response, JK stated:
The required changes to meet the emissions standards for ORVR
2nd OBD II concern the gas tank, fuel lines, vapor lines, filler
neck, evaporative canister, rollover valve, check valves, wiring
harnesses and all associated hardware and mounting brackets for the
aforementioned parts. These parts have all been changed to the U.S.
parts and are mounted on the existing body mounts that were
installed at the time of manufacture of the vehicle by Toyota. There
have been no structural modifications of any kind to install these
parts. There has been no welding or cutting of any kind and all
hardware has been purchased from the Toyota dealer system. These
were all completed as part of the stringent requirements including
Certification Testing for [the U.S. Environmental Protection
Agency], as J.K. Technologies, Inc., is also a licensed Independent
Commercial Importer ``ICI''
JK further noted that all vehicles imported into the United States
must be inspected for the presence of a U.S.-model fuel system and
braking system, as well as occupant crash protection and child
restraint anchorage system components. The company stated that vehicles
not already so equipped must have U.S.-model components installed to
meet the requirements of FMVSS Nos. 135 Light Vehicle Brake Systems,
208 Occupant Crash Protection, 225 Child Restraint Anchorage Systems,
and 301 Fuel System Integrity.
JK specifically stated that the front passenger seat belt system
did not meet the requirements of FMVSS No. 208 and that U.S.-model seat
belts would have to be installed at that seating position to meet the
requirements of the standard.
Agency Analysis: NHTSA has concluded that all 2005 Toyota RAV4
vehicles imported into the United States must be inspected for the
presence of U.S.-model fuel system, braking system, occupant crash
protection, and child restraint anchorage system components. Vehicles
not already so equipped must have U.S.-model components installed to
meet the requirements of FMVSS Nos. 135 Light Vehicle Brake Systems,
208 Occupant Crash Protection, 225 Child Restraint Anchorage Systems,
and 301 Fuel System Integrity.
Conformity packages submitted for vehicles imported under the
decision must demonstrate that the vehicle is equipped with components
that allow it to achieve compliance with all standards at issue. Any
modification or replacement of components necessary to meet the
requirements of the standard must be shown to bring the vehicle into
compliance. Such proof must be submitted by an RI as part of any
conformity package submitted for nonconforming vehicles.
2. Safety-Related Defect Recall Campaigns
Toyota also questioned the ability of parties other than Toyota
authorized agents to conduct safety recall campaigns to notify owners
of safety-related defects and to remedy such defects.
JK responded by noting that all vehicles certified by RIs must be
covered by a mandatory service insurance policy to assure that recall
notification and remedies are provided.
Agency Analysis: RIs are by definition ``manufacturers'' under the
National Traffic and Motor Vehicle Safety Act of 1966, as amended (the
Act), 49 U.S.C. 30101 et seq. As such, RIs have the same recall
responsibilities as motor vehicle and replacement equipment
manufacturers under the Act. RIs have the duty to ensure that there are
no outstanding safety recalls on the vehicles they import before they
sell or release custody of those vehicles. Once a vehicle has been sold
or released, an RI has a continuing duty--extending through the life of
the vehicle--to provide its owner with notification of any safety-
related defects or noncompliances with the FMVSS that are determined to
exist in the vehicle. RIs also have a continuing obligation to provide
a free remedy for any such defects or noncompliances for a period of up
to ten (10) years after the sale of the vehicle to its first purchaser.
For any recall campaigns that may be conducted, RIs have the added
responsibility of providing NHTSA with periodic reports on the progress
of those campaigns. These responsibilities are explained in greater
detail below.
In the statement of conformity that it submits to NHTSA for each
vehicle that it imports, an RI must certify and substantiate that the
vehicle either is not subject to any safety recalls or that all
noncompliances and defects that are the subject of those safety recalls
have been remedied. The RI must substantiate this certification by
furnishing with the statement of conformity documentation
[[Page 65172]]
from the vehicle's original manufacturer verifying that the vehicle is
not subject to any outstanding safety recalls.
For each vehicle for which it furnishes a statement of conformity
to the agency, an RI must also maintain a mandatory service insurance
policy in the amount of $2,000, written or underwritten by an
independent insurance company, to ensure that the RI is financially
capable of remedying any safety-related defect or noncompliance with an
FMVSS that is determined to exist in the vehicle. The policy must be
furnished with the vehicle at or before the time the RI sells or
releases custody of the vehicle.
RIs have notification and remedy responsibilities as well. As
specified in 49 CFR 592.6(i)(1), an RI must notify NHTSA under 49 CFR
part 573 and notify owners under 49 CFR part 577 if a vehicle that the
RI has imported, or for which it furnished the agency with a statement
of conformity, is substantially similar to one that has been found to
contain a safety-related defect or a noncompliance with an applicable
FMVSS. In this circumstance, the RI also has the duty to provide the
affected owner with a remedy without charge (assuming it has not been
more than ten years since the first sale of the vehicle). However,
notification and remedy is not required if the vehicle's manufacturer
or the RI demonstrates that the defect or noncompliance is not present
in the vehicle, or that the defect or noncompliance was remedied before
the statement of conformity was submitted to NHTSA's Office of Vehicle
Safety Compliance. An RI also is not required to provide notification
and remedy where the vehicle's fabricating manufacturer has undertaken
those responsibilities.
For all recall campaigns it conducts, an RI must also submit to
NHTSA two progress reports identifying the number of vehicles remedied
in response to its notice.
These requirements ensure that the owners of vehicles imported by
RIs receive proper notification and remedy in the event that a safety-
related defect or noncompliance is found to exist in their vehicle.
In view of these considerations, the agency decided to grant the
petition.
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.
VSP-480 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA has decided that
2005 Toyota RAV4 multipurpose passenger vehicles that were not
originally manufactured to comply with all applicable FMVSS are
substantially similar to 2005 Toyota RAV4 multipurpose passenger
vehicles originally manufactured for importation into and sale in the
United States and certified under 49 U.S.C. 30115, and are capable of
being readily altered to conform to all applicable FMVSS.
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.
Issued on: November 1, 2006.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E6-18710 Filed 11-6-06; 8:45 am]
BILLING CODE 4910-59-P
