[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Notices]
[Pages 7552-7553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1958]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7173; Notice 2]


Decision That Nonconforming 1988-1990 Jaguar XJS and XJ6 
Passenger Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1988-1990 Jaguar 
XJS and XJ6 passenger cars are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This notice announces the decision by NHTSA that 1988-1990 
Jaguar XJS and XJ6 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 are substantially 
similar to vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S. certified version of the 
1988-1990 Jaguar XJS and XJ6), and they are capable of being readily 
altered to conform to the standards.

DATE: This decision is effective January 23, 2001.

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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.
    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. Technologies of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) petitioned NHTSA to decide whether 1988-1990 Jaguar 
XJS and XJ6 Passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on April 11, 2000 (65 FR 
19429) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition.
    One comment was received in response to the notice of the petition, 
from Jaguar Cars (``Jaguar''), the U.S. representative of the 
manufacturer of the 1988-1990 Jaguar XJS and XJ6. In this comment, 
Jaguar addressed several inaccuracies that it had identified in the 
petition. First, Jaguar noted that the petition did not identify 
specific models that do not require the installation of a high mounted 
stop lamp to conform to Standard No. 108, Lamps, Reflective Devices, 
and Associated Equipment. Jaguar identified those as the 1990 Jaguar 
XJ6 and both the coupe and convertible models of the 1990 Jaguar XJS.
    Jaguar next stated that the petition erroneously implied that 
motorized automatic safety belts had been installed on non-U.S. 
certified models of the 1988-1989 Jaguar XJS and the 1988-1990 Jaguar 
XJ6. Jaguar stated that motorized automatic safety belts were standard 
equipment only on vehicles built for the U.S. market and were not 
installed on any vehicles built for markets outside of the United 
States, including Canada. Jaguar stated that motorized automatic safety 
belts will have to be installed on non-U.S. certified models of the 
1988-1989 Jaguar XJS, the 1989-1990 Jaguar XJ6, and the 1990 Jaguar XJS 
Coupe to conform those vehicles to Standard No. 208, Occupant Crash 
Protection.
    Jaguar further stated that the petition erroneously implied that 
all models of the 1990 Jaguar XJS will require inspection and 
replacement of the driver's side air bag and knee bolster with U.S. 
model components where necessary. Jaguar stated that only the 
convertible model of this vehicle will require these measures.
    Finally, Jaguar stated that the petition erroneously claimed that 
non-U.S. certified models of the 1988-1990 Jaguar XJS and XJ6 comply 
with the Bumper Standard found in 49 CFR part

[[Page 7553]]

581. Jaguar stated that Menasco struts must be installed on those 
vehicles to meet the requirements of the standard.
    NHTSA accorded J.K. an opportunity to respond to Jaguar's comments. 
J.K. stated that it agrees with Jaguar that the high mounted stop lamp 
need not be replaced on all vehicles identified in the petition. J.K. 
stated that it will inspect all vehicles and replace the high mounted 
stop lamp with a U.S.-model component on vehicles that lack this 
equipment. J.K. also agreed with Jaguar that replacement of the 
driver's side air bag and knee bolster is only required on the 1990 
Jaguar XJS convertible and that the 1988-1989 Jaguar XJS, the 1990 
Jaguar XJS Coupe, and the 1989-1990 Jaguar XJ6 require the installation 
of U.S. model motorized automatic safety belts. Finally, J.K. agreed 
with Jaguar's comments that all vehicles covered by the petition 
require the installation of U.S. model Menasco struts to comply with 
the Bumper Standard.
    In light of J.K.'s agreement with all of Jaguar's comments, and the 
fact that Jaguar did not contend that any of the vehicles covered by 
the petition are incapable of being ``readily altered to comply with 
applicable motor vehicle safety standards,'' NHTSA has decided to grant 
the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-336 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1988-1990 Jaguar XJS and XJ6 passenger cars not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 1988-1990 Jaguar XJS and XJ6 
passenger cars originally manufactured for importation into and sale in 
the United States and certified under 49 U.S.C. 30115, and are capable 
of being readily altered to conform to all applicable Federal motor 
vehicle safety standards.

    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: January 17, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 01-1958 Filed 1-22-01; 8:45 am]
BILLING CODE 4910-59-P