[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Notices]
[Pages 3002-3004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1125]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5507; Notice 2]


Decision that Nonconforming 1990-1999 Nissan GTS and GTR 
Passenger Cars Are Eligible for Importation

AGENCY:  National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION:  Notice of decision by NHTSA that nonconforming 1990-1999 
Nissan GTS and GTR passenger cars are eligible for importation.

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SUMMARY:  This document announces the decision by NHTSA that 1990-1999 
Nissan GTS and GTR Passenger cars 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 decision is effective as of the date of its publication in 
the Federal Register.

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. 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 determination 
in the Federal Register.
    J.K. Motors of Baltimore, Maryland (Registered Importer No. R-90-
006) petitioned NHTSA to decide whether 1990-1999 Nissan GTS and GTR 
Passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition under Docket Number NHTSA-99-
5507 on April 16, 1999 (64 FR 18963) to afford an opportunity for 
public comment.
    As stated in the notice, the petitioner claimed that 1990-1999 
Nissan GTS and GTR passenger cars have safety features that comply with 
Standard Nos. 102 Transmission Shift Lever Sequence . . .

[[Page 3003]]

 (based on comparison of components to those on comparable 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 comparable 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 comparable 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 
comparable U.S.-certified models, such as the Nissan 300ZX and Maxima), 
106 Brake Hoses (based on comparison of components to those on 
comparable 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 comparable 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 
comparable 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 results of dynamic tests conducted for petitioner by MGA 
Research Corporation to establish vehicles' compliance with Standards 
208 and 301), 203 Impact Protection for the Driver from the Steering 
Control System (based on results of dynamic tests conducted for 
petitioner by MGA Research Corporation to establish vehicles' 
compliance with Standard 208), 204 Steering Control Rearward 
Displacement (based on results of dynamic tests conducted for 
petitioner by MGA Research Corporation to establish vehicles' 
compliance with Standard 208), 205 Glazing Materials (based on 
comparison of components to those on comparable U.S.-certified models 
and on visual inspection of certification markings), 206 Door Locks and 
Door Retention Components (based on results of dynamic tests conducted 
for petitioner by MGA Research Corporation to establish vehicles' 
compliance with Standards 208 and 301, in which forces exerted far 
exceed those specified in Standard 206), 209 Seat Belt Assemblies 
(based on comparison of components to those on comparable U.S.-
certified models and on visual inspection of certification markings), 
216 Roof Crush Resistance (based on comparison of roof structure to 
that of comparable 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 comparable U.S.-certified models).
    Petitioner also stated 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 observed 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 contended 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 stated that it is also silk screening its 
own custom faces to meet the standard. Petitioner further stated that 
the remaining controls and displays are identical to those found on 
comparable 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 stated that the rims that are equipped 
on the vehicle have DOT certification markings and are identical to 
those found on comparable 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 stated 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 stated that 1994-1999 
models are already equipped with this component.
    On May 12, 1999, under 49 CFR part 512, NHTSA's Office of Chief 
Counsel granted J.K.'s request for confidential treatment of structural 
drawings submitted with the petition to demonstrate the capability of 
the vehicles to be conformed to Standard Nos. 201, 207, 208, 210, 214, 
and 301, but denied J.K.'s request for confidential treatment of test 
data submitted with the petition that confirmed the vehicles' 
conformity with the standards. The material for which confidentiality 
was denied has been placed in the public docket, together with a copy 
of the petition.
    Standard No. 201 Occupant Protection in Interior Impact: The 
petitioner stated that compliance with Standard 201 was demonstrated in 
dynamic tests conducted for the petitioner by MGA Research Corporation 
to establish the vehicles' compliance with Standards 208 and 301. These 
tests were conducted after the petitioner had made structural 
modifications to the dash area of the vehicles.
    Standard No. 207 Seating Systems: The petitioner stated that 
compliance with Standard 207 was demonstrated in dynamic tests 
conducted for the petitioner by MGA Research Corporation to establish 
the vehicles' compliance with Standards 208 and 301. These tests were 
conducted after the petitioner had made structural modifications to the 
seat frames.
    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 the results of 
static and dynamic tests conducted by MGA Research Corporation. These 
tests were conducted after petitioner had made certain structural 
modifications to the vehicle; (b) installation of an airbag warning 
label on each sun visor. Petitioner stated that the vehicle is

[[Page 3004]]

equipped with a seatbelt warning lamp and buzzer that are identical to 
components found on comparable U.S.-certified models. The petitioner 
also stated 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 
stated that compliance with Standard 207 was demonstrated in dynamic 
tests conducted for the petitioner by MGA Research Corporation to 
establish the vehicles' compliance with Standards 208 and 301. These 
tests were conducted after structural modifications at seat belt 
assembly anchorage points. That are depicted in structural drawings 
that were granted confidentiality by 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 stated that 
compliance with Standard 214 was demonstrated in dynamic tests on both 
sides of the vehicle conducted for the petitioner by MGA Research 
Corporation. These tests were conducted after certain structural 
modifications to the vehicle. The petitioner observed that no doors 
opened on impact in the course of these tests.
    Standard No. 301 Fuel System Integrity: The petitioner stated that 
compliance with Standard 301 was demonstrated in dynamic tests 
conducted for the petitioner by MGA Research Corporation. These tests 
were made after fuel system modifications made in conjunction with 
those necessary to meet Environmental Protection Agency (EPA) 
requirements.
    The petitioner additionally stated 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.
    No comments were received in response to the notice of petition. 
Based on its review of the information submitted by the petitioner, 
NHTSA has decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VCP-17 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1990-1999 Nissan GTS and GTR Passenger cars 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 
applicable Federal motor vehicle safety standards.

    Authority:  49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: January 12, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-1125 Filed 1-18-00; 8:45 am]
BILLING CODE 4910-59-P