[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 49039-49040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23485]



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[[Page 49040]]


DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-06; Notice 2]


Denial of Petition for Import Eligibility Decision

    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 J.K. Motors, Inc. of Kingsville, 
Maryland (J.K.), a registered importer of motor vehicles, requested 
NHTSA to decide that 1993, 1994, and 1995 Mitsubishi 3000GT and 3000GT 
VR-4 passenger cars that were not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards are eligible 
for importation into the United States because (1) They are 
substantially similar to the versions of 1993, 1994, and 1995 
Mitsubishi 3000GT and 3000GT VR-4 passenger cars that were originally 
manufactured for importation into and sale in the United States and 
that were certified by their original manufacturer, Mitsubishi Motors 
Corporations, as complying with the safety standards, and (2) they are 
capable of being readily modified to conform to all applicable Federal 
motor vehicle safety standards.
    NHTSA published a notice in the Federal Register on February 7, 
1995 (60 FR 7266) that contained a thorough description of the 
petition, and solicited public comments upon it. One comment was 
received in response to this notice, from Mitsubishi Motors America 
Inc. (``Mitsubishi''), a U.S. subsidiary of the vehicle's original 
manufacturer.
    In its comment, Mitsubishi stated that based upon its own 
evaluation of the vehicles involved, it believes that they are not 
capable of being readily altered to conform to all applicable Federal 
motor vehicle safety standards. In particular, Mitsubishi noted that 
non-U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi 
3000GT and 3000GT VR-4 do not have a seat belt telltale, as required by 
Standard No. 101, Controls and Displays, do not have a windshield wiper 
arm and blade that cover the area required by Standard No. 104, 
Windshield Wiping and Washing System, and have ABS symbols that do not 
conform to the lettering height requirements of Standard No. 105, 
Hydraulic Brake Systems. Additionally, Mitsubishi noted that the 
vehicles are equipped with ``pop-up'' headlamps that are part of an 
integrated system, and that this entire assembly does not comply with 
Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. 
Mitsubishi also asserted that some of the vehicles involved would have 
to be retrofitted with a different occupant restraint system to conform 
to the requirements of Standard No. 208, Occupant Crash Protection. 
Mitsubishi additionally observed that this restraint system may have to 
be tested to assure compliance with the standard, and that the front 
seat assembly may have to be repositioned to withstand the standard's 
injury criteria, which are more stringent than those of the 
corresponding European standard. Mitsubishi further noted that the non-
U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi 3000GT 
and 3000GT VR-4 do not have knee bolsters or metal inserts in their 
glove compartments, as found on the U.S. certified versions of these 
vehicles, and have seat belts that are manufactured to manufactured to 
specifications that differ from those found in Standard No. 209, Seat 
Belt Assemblies. Finally, Mitsubishi noted that contrary to J.K.'s 
assertion, the bumpers on the non-U.S. certified versions of the 1993, 
1994, and 1995 Mitsubishi 3000GT and 3000GT VR-4 differ from those 
found on the U.S. certified versions of these vehicles, and have not 
been tested to assure compliance with the Bumper Standard found in 49 
CFR part 581.
    NHTSA accorded J.K. an opportunity to respond to Mitsubishi's 
comments. As of the date of this notice, J.K. has failed to submit such 
a response. This has compelled NHTSA to conclude, from the state of the 
record, that the petition does not clearly demonstrate that the non-
U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi 3000GT 
and 3000GT VR-4 are 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)(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: September 18, 1995.
Marilynee Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-23485 Filed 9-20-95; 8:45 am]
BILLING CODE 4910-59-M