[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6610-6611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3446]


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

DEPARTMENT OF TRANSPORTATION
[Docket No. 96-080; 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)(B). The petition, which was submitted by 
LPC of New York, Inc., of Ronkonkoma, New York (LPC), a registered 
importer of motor vehicles, requested NHTSA to decide that a 1996 Kia 
Sportage multi-purpose passenger vehicle (MPV) that was not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards is eligible for importation into the United States. In the 
petition, LPC contended that this vehicle is eligible for importation 
on the basis that (1) it is substantially similar to a vehicle that was 
originally manufactured for importation into and sale in the United 
States and that was certified by its manufacturer as complying with the 
safety standards (the U.S. certified version of the 1996 Kia Sportage 
MPV), and (2) it is capable of being readily altered to conform to the 
standards.
    NHTSA published a notice in the Federal Register on July 31, 1996 
(61 FR 40072) that contained a thorough description of the petition, 
and solicited public comments upon it. One comment was received in 
response to the notice, from Kia Motors America, Inc. (Kia), the United 
States representative of the vehicle's manufacturer.
    In this comment, Kia took issue with LPC's claim that the non-U.S. 
certified 1996 Kia Sportage MPV that is the subject of the petition 
complies with Standard No. 208  Occupant Crash Protection. 
Specifically, Kia asserted that the vehicle must be equipped with a 
driver's side air bag and knee air bag to comply with this standard. 
Additionally, Kia stated that certain engineering modifications must be 
made to the vehicle to accommodate the air bag. These include reducing 
the length of the front seat tracks and repositioning those components. 
Kia also noted that Kia Sportage MPVs that are manufactured for the 
U.S. market have bumpers of a different design from those found on non-
U.S. market vehicles, and that this difference has an impact on the 
vehicle's compliance with Standard No. 208. Additionally, Kia took 
issue with LPC's claim that the seat belts on the non-U.S. certified 
1996 Kia Sportage MPV are identical to those found on U.S.-certified 
vehicles. Kia asserted that these seat belts have different retractor 
mechanisms and webbing from those found on U.S. certified vehicles, and 
as such, do not comply with either Standard No. 208, or with Standard 
No. 209  Seat Belt Assemblies.
    With respect to other standards, Kia stated that the steering 
column on the non-U.S. certified 1996 Kia Sportage MPV does not have a 
collapsing/energy absorbing design, and accordingly does not comply 
with Standard No. 204  Steering Control Rearward Displacement. Finally, 
Kia challenged LPC's claim that the seating system on the non-U.S. 
certified 1996 Kia Sportage MPV is identical to that found on U.S. 
certified vehicles. As a consequence, Kia contends that the vehicle's 
compliance with Standard 207  Seating Systems cannot be assured.

[[Page 6611]]

    NHTSA afforded LPC an opportunity to respond to Kia's comments. In 
its response, LPC stated that it mistakenly identified the vehicle that 
is the subject of its petition as a 1996 Kia Sportage, and that the 
vehicle should properly have been identified as a 1994 Kia Sportage. 
After receiving this response, NHTSA learned from Kia that it did not 
manufacture a 1994 Kia Sportage for importation into and sale in the 
United States. As a consequence, there is no substantially similar 
U.S.-certified vehicle of the same model year to which the 1994 Kia 
Sportage MPV can be compared. Absent such a vehicle, NHTSA cannot 
decide that the 1994 Kia Sportage 1994 is eligible for importation 
under 49 U.S.C. 30141(a)(1)(A). The petition must therefore be denied 
under 49 CFR 593.7(e).
    In accordance with 49 U.S.C. 30141(b)(1), 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: February 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-3446 Filed 2-11-97; 8:45 am]
BILLING CODE 4910-59-P