[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 525-526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-107]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-105; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1973 Triumph Spitfire MkIV Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1973 Triumph Spitfire MkIV passenger cars are eligible for importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that a 1973 
Triumph Spitfire MkIV 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 a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is February 3, 
1995.

ADDRESS: Comments should refer to the docket number and notice number, 
and be submitted to: Docket Section, Room 5109, National Highway 
Traffic Safety Administration, 400 Seventh St. SW., Washington, DC 
20590. [Docket hours are from 9:30 a.m. to 4 p.m.]

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section 
108(c)(3)(A)(i)(I) of the National Traffic and Motor Vehicle Safety Act 
(the Act)), 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 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 under 49 U.S.C. Sec. 30115 (formerly section 114 of 
the Act), and of the same model year as the model of the motor vehicle 
to be compared, as is capable of being readily altered to conform to 
all applicable Federal motor vehicle safety standards.
    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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1973 Triumph Spitfire MkIV passenger cars are eligible 
for importation into the United States. The vehicle which Wallace 
believes is substantially similar is the 1973 Triumph Spitfire MkIV 
that was manufactured for importation into, and sale in, the United 
States and certified by its manufacturer, British Leyland, as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1973 Triumph Spitfire MkIV to its U.S. certified counterpart, 
and found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Wallace submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1973 Triumph Spitfire MkIV, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily altered to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1973 Triumph Spitfire MkIV is identical to its U.S. certified 
counterpart with respect to compliance with Standards Nos. 102 
Transmission Shift Lever Sequence . . . ., 103 Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 
107 Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview Mirror, 
113 Hood Latch Systems, 116 Brake Fluid, 124 Accelerator Control 
Systems, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 203 Impact Protection for the Driver From the Steering 
Control System, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 
211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield 
[[Page 526]] Retention, and 302 Flammability of Interior Materials.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: placement of the 
appropriate symbol on the hazard warning signal control.
    Standard No. 105 Hydraulic Brake Systems: installation of a brake 
system warning light, with the word ``Brake'' inscribed on its lens.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model and sealed beam headlamps; 
(b) installation of amber reflectors and lamps as front sidemarkers and 
red reflectors and lamps as rear sidemarkers.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch and a warning buzzer in the steering lock assembly.
    Standard No. 115 Vehicle Identification Number: installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 208 Occupant Crash Protection: installation of a seat 
belt warning system, activated by a microswitch in the seat belt latch. 
The petitioner states that the non-U.S. certified 1973 Triumph Spitfire 
MkIV is equipped with Type 2 seat belt assemblies incorporating a latch 
mechanism that releases both the upper torso restraint and the lap belt 
simultaneously at a single point by means of a pushbutton. 
Additionally, the petitioner states that the upper torso restraint 
adjusts by means of an emergency locking retractor.
    Standard No. 214 Side Door Strength: installation of reinforcing 
beams with a peak crush resistance of not less than two times the curb 
weight of the vehicle, or 7000 pounds, whichever is less.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    Additionally, the petitioner states that front and rear bumper 
guards must be installed on the non-U.S. certified 1973 Triumph 
Spitfire MkIV to comply with the Bumper Standard found in 49 CFR Part 
581.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 
20590. It is requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    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: December 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-107 Filed 1-3-95; 8:45 am]
BILLING CODE 4910-59-P