[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18963-18965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9546]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5507]
Notice of Receipt of Petition for Decision that Nonconforming
1990-1999 Nissan GTS and GTR Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Request for comments on petition for decision that
nonconforming 1990-1999 Nissan GTS and GTR passenger cars are eligible
for importation.
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SUMMARY: This notice requests comments on a petition submitted to the
National Highway Traffic Safety Administration (NHTSA) for a decision
that a 1990-1999 Nissan GTS and GTR 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 they have safety features that comply with, or are
capable of being altered to comply with, all such standards.
DATES: The closing date for comments on the petition is May 17, 1999.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Management, Room PL-401, 400
Seventh St., SW, Washington, DC 20590. (Docket hours are from 9 am to 5
pm).
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
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 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,
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 Federal motor vehicle safety standards. Where there is no
substantially similar U.S.-certified motor vehicle, 49 U.S.C.
30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted
into the United States if its safety features comply with, or are
capable of being altered to comply with, all applicable Federal motor
vehicle safety standards based on destructive test data or such other
evidence as NHTSA decides to be adequate.
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. Motors of Baltimore, Maryland (Registered Importer No. R-90-
006) has petitioned NHTSA to decide whether 1990-1999 Nissan GTS and
GTR passenger cars are eligible for importation into the United States.
J.K. contends that these vehicles are eligible for importation under 49
U.S.C. 30141(a)(1)(B) because they have safety features that comply
with, or are
[[Page 18964]]
capable of being altered to comply with, all applicable Federal motor
vehicle safety standards.
Specifically, the petitioner claims that 1990-1999 Nissan GTS and
GTR passenger cars have safety features that comply with Standard Nos.
102 Transmission Shift Lever Sequence * * *. (based on comparison of
components to those on similar U.S.-certified models, such as the
Nissan 300ZX Turbo), 103 Defrosting and Defogging Systems (based on
engineering analysis and comparison of components to those on similar
U.S.-certified models, such as the Nissan 300ZX and 300ZX Turbo), 104
Windshield Wiping and Washing Systems (based on engineering analysis
and comparison of components to those on similar U.S.-certified models,
such as the Nissan 240SX, 300ZX, 300ZX Turbo, and Maxima), 105
Hydraulic Brake Systems (based on engineering analysis and comparison
of components to those on similar U.S.-certified models, such as the
Nissan 300ZX and Maxima), 106 Brake Hoses (based on comparison of
components to those on similar U.S.-certified models and on visual
inspection of certification markings), 109 New Pneumatic Tires (based
on visual inspection of certification markings), 113 Hood Latch Systems
(based on comparison of components to those on similar U.S.-certified
models, such as the Nissan 300 ZX Turbo), 116 Brake Fluids (based on
visual inspection of certification markings), 124 Accelerator Control
Systems (based on engineering analysis and comparison of components to
those on similar U.S.-certified models, such as the Nissan 300ZX Turbo,
which also utilize dual return springs, either of which is capable of
closing the throttle when the other is disconnected), 202 Head
Restraints (based on test data), 203 Impact Protection for the Driver
from the Steering Control System (based on test data), 204 Steering
Control Rearward Displacement (based on test data), 205 Glazing
Materials (based on comparison of components to those on similar U.S.-
certified models and on visual inspection of certification markings),
206 Door Locks and Door Retention Components (based on test data), 209
Seat Belt Assemblies (based on comparison of components to those on
similar U.S.-certified models and on visual inspection of certification
markings), 216 Roof Crush Resistance (based on comparison of roof
structure to that of similar U.S. certified models, such as the Nissan
300 ZX, and on engineering analysis), 219 Windshield Zone Intrusion
(based on test data), and 302 Flammability of Interior Materials (based
on comparison of components to those on similar U.S.-certified models).
Petitioner also states that based on engineering analysis the 1990-
1999 Nissan GTS and GTR passenger cars comply with the Bumper Standard
found at 49 CFR part 581. The petitioner observes that the bumpers are
of a customary plastic/nylon design impregnated with body color and
that they are mounted with high energy absorption components.
The petitioner also contends that 1990-1999 Nissan GTS and GTR
passenger cars are capable of being altered to comply with the
following standards, in the manner indicated:
Standard No. 101 Controls and Displays: (a) substitution of a lens
marked ``Brake'' for a lens with an ECE symbol on the brake failure
indicator lamp; (b) installation of a speedometer/odometer calibrated
in miles per hour. Petitioner states that it is also silk screening its
own custom faces to meet the standard. Petitioner further states that
the remaining controls and displays are identical to those found on
similar U.S.-certified models, such as the Nissan 300ZX.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamps and front
sidemarker lights; (b) installation of U.S.-model rear sidemarker
lights and reflectors; (c) installation of a high mounted stop lamp, if
the vehicle is not already so equipped. The petitioner asserts that the
tail lamp assemblies meet the standard in all respects.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard. Petitioner states that the rims that are equipped
on the vehicle have DOT certification markings and are identical to
those found on similar U.S.-certified models, such as the Nissan 300ZX
Turbo.
Standard No. 111 Rearview Mirrors: replacement of the passenger
side rearview mirror with a U.S.-model component.
Standard No. 114 Theft Protection: installation of a U.S.-model
warning buzzer in the steering lock electrical circuit on all models
and installation of a U.S.-model seatbelt warning system on 1990-1993
models. Petitioner states that the components installed on GTS models
will be identical to those found on the Nissan Maxima, and the
components installed on GTR models will be identical to those found on
the Nissan 300ZX Turbo.
Standard No. 118 Power-Operated Window Systems: installation of a
relay (identical to that found on the Nissan 300ZX) in the power window
system of 1990-1993 models so that the window transport is inoperative
when the ignition is switched off. Petitioner states that 1994-1999
models are already equipped with this component.
Standard No. 201 Occupant Protection in Interior Impact: The
petitioner states that the vehicle will meet the standard with
structural modifications to the dash area of the vehicles that are more
fully described in a submission for which a pending request for
confidentiality has been filed by petitioner with NHTSA's Office of
Chief Counsel under 49 CFR part 512.
Standard No. 207 Seating Systems: The petitioner states that the
vehicle will meet the standard with structural modifications to the
seat frames that are more fully described in a submission for which a
pending request for confidentiality has been filed by petitioner with
NHTSA's Office of Chief Counsel under 49 CFR part 512.
Standard No. 208 Occupant Crash Protection: (a) replacement of the
driver's side airbag on 1990-1993 models, and the driver's and
passenger's side airbags on 1994-1999 models with components
manufactured to petitioner's specifications based on static and dynamic
test results, that are more fully described in a submission for which a
pending request for confidentiality has been filed by petitioner with
NHTSA's Office of Chief Counsel under 49 CFR part 512; (b) installation
of an airbag warning label on each sun visor. Petitioner states that
the vehicle is equipped with a seatbelt warning lamp and buzzer that
are identical to components found on similar U.S.-certified models. The
petitioner also states that the vehicles are equipped with combination
lap and shoulder restraints that adjust by means of an automatic
retractor and release by means of a single push button at all front and
rear designated seating positions.
Standard No. 210 Seat Belt Assembly Anchorages: The petitioner
states that the vehicle will meet the standard with structural
modifications at seat belt assembly anchorage points that are more
fully described in a submission for which a pending request for
confidentiality has been filed by petitioner with NHTSA's Office of
Chief Counsel under 49 CFR part 512.
Standard No. 212 Windshield Retention: application of adhesives to
the windshield's edges.
Standard No. 214 Side Impact Protection: The petitioner states that
the vehicle will meet the standard with structural modifications that
are more fully described in a submission for
[[Page 18965]]
which a pending request for confidentiality has been filed by
petitioner with NHTSA's Office of Chief Counsel under 49 CFR part 512.
Standard No. 301 Fuel System Integrity: The petitioner states that
the vehicle will meet the standard with fuel system modifications made
in conjunction with those necessary to meet Environmental Protection
Agency (EPA) requirements that are more fully described in a submission
for which a pending request for confidentiality has been filed by
petitioner with NHTSA's Office of Chief Counsel under 49 CFR part 512.
The petitioner further states that it conducted dynamic tests that
demonstrate the vehicle's compliance with the standard.
The petitioner additionally states that a vehicle identification
number (VIN) plate must be attached to the left windshield post and a
reference and certification label must be added in the left front door
post area to meet 49 CFR part 565.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW,
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 will be published
in the Federal Register pursuant to the authority indicated below.
Authority: 49 U.S.C. Sec. 30141(a)(1)(B) and (b)(1); 49 CFR
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on April 12, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9546 Filed 4-15-99; 8:45 am]
BILLING CODE 4910-59-P