Interpretation ID: nht90-1.3

TYPE: Interpretation-NHTSA

DATE: 01/01/90 EST

FROM: Charles T. Thomas -- Prestige Travel

TO: Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-3-90 to Charles T. Thomas from P. J. Rice; (A35; Part 591) TEXT:

In September, 1988, I returned to the United States after working in Saudi Arabia for a period of approximately twelve (12) years. While in Saudi Arabia and during November 1987, I purchased a 1985 Jaguar from a Saudi national with the intent to ship th e car to the United States for my own personal use when I decided to return to the United States.

When I was preparing to return, I was advised by the American Consulate in Dhahran that I would not be able to ship the car to the States because of the EPA pollution restrictions and because there were no agencies approved by the EPA to convert the car to U.S. pollution safeguard standards. As I did not want to give up the car, I shipped it to Germany to have it held until I could arrange to have it shipped to the States. On arrival in the United States in September 1988, I contacted the EPA and was t old that there were no agencies approved to convert the car. The car is still in Germany.

During March 1990, I was told that the EPA had changed their requirements that required mandatory conversion of imported vehicles if certain conditions were met regarding the purchase of the vehicle. I applied for a waiver for having to have the car con verted to EPA standards and my application was approved.

When preparing to have the car shipped, I was informed that the DOT has set forth certain requirements for importing cars. I have received a copy of DECLARATION OMB 2127-0002 and, under Section 10 of the Declaration, I find that my "assigned place of em ployment has been outside the United States at all times between October 31, 1988 and the Custom entry date listed". This is the only condition I cannot meet and I request a formal waiver of this requirement for my circumstance.

I need my car for my own personal use and I cannot afford to purchase a car at this time. Also, I am a professional engineer and have spent approximately 30 years of my career in resident in foreign countries. I have already made arrangements to have m y car converted to DOT safety standards at my expense. I feel that a consideration to waiver the above requirement is warranted.

Thank you for your consideration and I look forward to your prompt decision regarding my request.