6610 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices

Occupant Protection in Interior Impact,

202 Head Restraints, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 206 Door Locks and

Door Retention Components, 207

Seating Systems, 209 Seat Belt

Assemblies, 210 Seat Belt Assembly

Anchorages, 212 Windshield

Retention, 216 Roof Crush Resistance,

219 Windshield Zone Intrusion, and

302 Flammability of Interior Materials.

Petitioner also contends that the

vehicle is capable of being readily

altered to meet 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 seat belt

warning lamp that displays the

appropriate symbol; (c) recalibration of

the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamp

assemblies; (b) installation of U.S.-

model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies; (d)

installation of a high mounted stop

lamp.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

replacement of the passenger side

rearview mirror, which is convex.

Standard No. 114 Theft Protection:

installation of a warning buzzer

microswitch in the steering lock

assembly and a warning buzzer.

Standard No. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switch

actuated seat belt warning lamp and

buzzer; (c) replacement of the driver’s

side air bag and knee bolster with U.S.-

model components. The petitioner

states that the vehicle is equipped with

combination lap and shoulder belts that

adjust by means of an automatic

retractor and release by means of a

single push button in each front

designated seating position, and with

combination lap and shoulder belts that

release by means of a single push button

in each rear designated seating position.

Standard No. 214 Side Impact

Protection: installation of reinforcing

beams.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

Additionally, the petitioner states that

the bumpers on the non-U.S. certified

1990 BMW 325iX must be reinforced, or

U.S.-model bumper components must

be installed, to comply with the Bumper

Standard found in 49 CFR part 581.

Petitioner also states that a vehicle

identification number plate will be

affixed to the vehicle to meet the

requirements of 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 Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, S.W.,

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 on the petition

will be published in the Federal

Register pursuant to the authority

indicated below.

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: February 6, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–3445 Filed 2–11–97; 8:45 am]

BILLING CODE 4910–59–P

[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.
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices 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

[Docket No. 97–007; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1994

Mercedes-Benz C280 Passenger Cars

Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that a 1994 MercedesBenz C280 that was not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is eligible for importation into

the United States because (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, and (2) it is capable of

being readily altered to conform to the

standards.

DATES: The closing date for comments

on the petition is March 14, 1997.

ADDRESSES: Comments should refer to

the docket number and notice number,

and be submitted to: Docket Section,

Room 5109, National Highway Traffic

Safety Administration, 400 Seventh St.,

SW, Washington, DC 20590. [Docket

hours are from 9:30 am to 4 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. 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.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (‘‘Champagne’’)

(Registered Importer 90–009) has

petitioned NHTSA to decide whether

1994 Mercedes-Benz C280 passenger

cars are eligible for importation into the

United States. The vehicle which

Champagne believes is substantially

similar is the 1994 Mercedes-Benz C280

that was manufactured for importation

into, and sale in, the United States and

certified by its manufacturer, Daimler

Benz A.G., as conforming to all

applicable Federal motor vehicle safety

standards.

The petitioner claims that it carefully

compared the non-U.S. certified 1994

Mercedes-Benz C280 to its U.S. certified

counterpart, and found the two vehicles

to be substantially similar with respect

to compliance with most Federal motor

vehicle safety standards.

Champagne submitted information

with its petition intended to

demonstrate that the non-U.S. certified

1994 Mercedes-Benz C280, as originally

manufactured, conforms to many

Federal motor vehicle safety standards

in the same manner as its U.S. certified

counterpart, or is capable of being

readily altered to conform to those

standards.

Specifically, the petitioner claims that

the non-U.S. certified 1994 MercedesBenz C280 is identical to its U.S.

certified counterpart with respect to

compliance with Standards Nos. 102

Transmission Shift Lever Sequence

* * *, 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and

Washing Systems, 105 Hydraulic

Brake Systems, 106 Brake Hoses, 109

New Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 207 Seating

Systems, 209 Seat Belt Assemblies,

210 Seat Belt Assembly Anchorages,

212 Windshield Retention, 216 Roof

Crush Resistance, 219 Windshield

Zone Intrusion, and 302 Flammability

of Interior Materials.

Additionally, the petitioner states that

the non-U.S. certified 1994 MercedesBenz C280 complies with the Bumper

Standard found in 49 CFR part 581.

Petitioner also contends that the

vehicle is capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with a

noncomplying symbol on the brake

failure indicator lamp; (b) installation of

a seat belt warning lamp that displays

the appropriate symbol; (c) recalibration

of the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamp

assemblies; (b) installation of U.S.-

model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies; (d)

installation of a high mounted stop

lamp.

Standard No. 110 Tire Selection and

Rims: Installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

Replacement of the passenger side

rearview mirror, which is convex.

Standard No. 114 Theft Protection:

Installation of a warning buzzer

microswitch in the steering lock

assembly and a warning buzzer.

Standard No. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is