[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Pages 52454-52456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22372]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16031]


Notice of Receipt of Petition for Decision That Nonconforming 
2001 and 2002 Mitsubishi Evolution VII, Left Hand Drive Passenger Cars 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2001 and 2002 Mitsubishi Evolution VII, left hand drive (LHD) passenger 
cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2001 and 2002 Mitsubishi Evolution VII LHD 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 capable of being readily altered to conform 
to the standards, and (2) they are substantially similar to vehicles 
that were originally manufactured for importation into and sale in the 
United States and that were certified by their manufacturer as 
complying with the safety standards.

DATES: The closing date for comments on the petition is October 3, 
2003.

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 a.m. to 
5 p.m. Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association,

[[Page 52455]]

business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78), or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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.
    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety standards may also be granted admission into the United 
States, even if there is no substantially similar motor vehicle of the 
same model year originally manufactured for importation into and sale 
in United States, if the safety features of the vehicle comply with or 
are capable of being altered to comply with those standards based on 
destructive test information or other evidence that NHTSA decides is 
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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
2001 and 2002 Mitsubishi Evolution VII LHD passenger cars are eligible 
for importation into the United States. G&K believes that these 
vehicles are capable of being modified to meet all applicable Federal 
motor vehicle safety standards (FMVSS).
    In its petition, G&K stated that nonconforming 2001 and 2002 
Mitsubishi Evolution VII LHD passenger cars are substantially similar 
to both the U.S. version 2003 Mitsubishi Evolution VIII and the U.S. 
version 2001 and 2002 Mitsubishi Lancer 4 door sedan passenger cars. 
Because it is of a different model year, the 2003 Mitsubishi Evolution 
VIII cannot be regarded as substantially similar to the 2001 and 2002 
Mitsubishi Evolution VII for import eligibility purposes. Moreover, 
while there may be similarities between the 2003 Mitsubishi Evolution 
VIII and the 2001 and 2002 Mitsubishi Lancer 4 door sedan vehicles that 
Mitsubishi has manufactured for importation into and sale in the United 
States NHTSA has decided that the latter vehicle cannot be categorized 
as ``substantially similar'' to the nonconforming 2001 and 2002 
Mitsubishi Evolution VII LHD versions for the purpose of establishing 
import eligibility under section 30141(a)(1)(A). Therefore, we will 
construe G&K's petition as a petition pursuant to 49 U.S.C. 
30141(a)(1)(B), seeking to establish import eligibility for the 2001-
2002 Mitsubishi Evolution VII on the basis that it has safety features 
that comply with, or are capable of being modified to comply with, the 
FMVSS based on destructive test information or such other evidence that 
NHTSA decided is adequate.
    G&K submitted information with its petition intended to demonstrate 
that non-U.S. certified 2001 and 2002 Mitsubishi Evolution VII LHD 
passenger cars, as originally manufactured, conform to many Federal 
motor vehicle safety standards and are capable of being readily altered 
to conform to all other standards to which they were not originally 
manufactured to conform.
    Specifically, the petitioner claims that non-U.S. certified 2001 
and 2002 Mitsubishi Evolution VII LHD passenger cars have safety 
features that comply with Standard Nos. 102 Transmission Shift Lever 
Sequence * * *, 103 Defrosting and Defogging Systems, 104 Windshield 
Wiping and Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 
113 Hood Latch Systems, Standard No. 114 Theft Protection, 116 Brake 
Fluid, 118 Power Window Systems, 124 Accelerator Control Systems, 135 
Passenger Car Brake Systems, 201 Occupant Protection in Interior 
Impact, 202 Head Restraints, 203 Impact Protection for Driver from 
Steering Control Systems, 204 Steering Control Rearward Displacement, 
205 Glazing Materials, 206 Door Locks and Door Retention Components, 
207 Seating Systems, 208 Occupant Crash Protection, 209 Seat Belt 
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Retention, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    Petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) Substitution of the 
word ``Brake'' for the international ECE warning symbol as the marking 
for the brake failure indicator lamp; (b) inspection of all vehicles 
and installation, on vehicles that are not already so equipped, of a 
U.S. model speedometer reading in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model front and rear side marker lights 
and reflector assemblies.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: inscription of the required 
warning statement on the face of the passenger side rearview mirror.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
U.S.-model child restraint anchorage systems.
    Standard No. 301 Fuel System Integrity: The petitioner stated that 
modification of fuel system is necessary to meet EPA emission 
requirements and that after these modifications the vehicle will still 
comply with this standard.
    Standard No. 401 Interior Trunk Release: installation of U.S. model 
interior trunk release handle.
    Petitioner states that the front and rear bumper on non-U.S. 
certified 2001 and 2002 Mitsubishi Evolution VII LHD passenger cars 
must be reinforced to meet the requirements of the Bumper Standard 
found in 49 CFR part 581.
    The petitioner also states that inspection of all vehicles for 
compliance with the parts marking requirements of the Theft Prevention 
Standard in 49 CFR part 541 is necessary, and that required markings 
will be added to any covered parts that are not already so marked.
    In addition, the petitioner states that a vehicle identification 
number (VIN) plate must be affixed to the vehicle so that it is 
readable from outside the

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driver's windshield pillar to meet the requirements of 49 CFR part 565.
    Lastly, the petitioner states that a certification label will be 
affixed to the driver's side doorjamb to meet the requirements of the 
vehicle certification regulations in 49 CFR part 567.
    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. Docket hours are from 9 a.m. to 5 p.m. 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)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: August 27, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-22372 Filed 9-2-03; 8:45 am]
BILLING CODE 4910-59-P