Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Notices 25267

ACTION: Notice of decision by NHTSA

that nonconforming 1990 MercedesBenz 500SE passenger cars are eligible

for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1990

Mercedes-Benz 500SE 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

a vehicle originally manufactured for

importation into and sale in the United

States and certified by its manufacturer

as complying with the safety standards

(the 1990 Mercedes-Benz 300SE), and

they are capable of being readily altered

to conform to the standards.

EFFECTIVE DATE: May 20, 1996.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–336–

5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A)

(formerly section 108(c)(3)(A)(i) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the Act),

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 is 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 (Registered

Importer R–90–007) petitioned NHTSA

to decide whether 1990 Mercedes-Benz

500SE passenger cars are eligible for

importation into the United States.

NHTSA published notice of the petition

on March 25, 1996 (61 FR 12131) to

afford an opportunity for public

comment. The reader is referred to that

notice for a thorough description of the

petition. No comments were received in

response to the notice. 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 decision must indicate

on the form HS–7 accompanying entry

the appropriate vehicle eligibility

number indicating that the vehicle is

eligible for entry. VSP–154 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 a

1990 Mercedes-Benz 500SE is

substantially similar to a 1990

Mercedes-Benz 300SE originally

manufactured for importation into and

sale in the United States and certified

under 49 U.S.C. 30115, and is 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: May 14, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–12634 Filed 5–17–96; 8:45 am]

BILLING CODE 4910–59–M

[Docket No. 95–61; Notice 2]

Decision That Nonconforming 1992

Volvo 740 GL and 940 GL Sedan and

Wagon Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1992 Volvo 740 GL

and 940 GL Sedan and Wagon passenger

cars are eligible for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1992 Volvo 740

GL and 940 GL Sedan and Wagon

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 versions of the 1992

Volvo 740 GL and 940 GL Sedan and

Wagon), and they are capable of being

readily altered to conform to the

standards.

DATES: This 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)

(formerly section 108(c)(3)(A)(i) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the Act),

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. Motors of Kingsville, Maryland

(‘‘J.K.’’) (Registered Importer R–90–006)

petitioned NHTSA to decide whether

1992 Volvo 740 GL and 940 GL Sedan

and Wagon passenger cars are eligible

for importation into the United States.

NHTSA published notice of the petition

on August 10, 1995 (61 FR 40878) to

afford an opportunity for public

comment. The notice identified the

vehicles which J.K. believes to be

substantially similar as 1992 Volvo 740
25268 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Notices

GL and 940 GL sedans and wagons that

were manufactured for importation into,

and sale in, the United States and

certified by their manufacturer as

confirming to all applicable Federal

motor vehicle safety standards.

As noted in the notice of petition, the

petitioner claimed that it had carefully

compared non-U.S. certified 1992 Volvo

740 GL and 940 GL sedans and wagons

to their U.S. certified counterparts, and

found them to be substantially similar

with respect to compliance with most

applicable Federal motor vehicle safety

standards.

J.K. submitted information with its

petition intended to demonstrate that

non-U.S. certified 1992 Volvo 740 GL

and 940 GL sedans and wagons, as

originally manufactured, conform to

many Federal motor vehicle safety

standards in the same manner as their

U.S. certified counterparts, or are

capable of being readily altered to

conform to those standards.

Specifically, the petitioner claimed

that non-U.S. certified 1992 Volvo 740

GL and 940 GL sedans and wagons are

identical to their U.S. certified

counterparts 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, 107

Reflecting Surfaces, 109 New

Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 203 Impact

Protection for the Driver From the

Steering Control System, 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, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield

Retention, 214 Side Impact Protection,

216 Roof Crush Resistance, 219

Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302

Flammability of Interior Materials.

Additionally, the petitioner stated

that non-U.S. certified 1992 Volvo 740

GL and 940 GL sedans and wagons

comply with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contended that these

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 a lens

marked ‘‘Brake’’ for a lens with an ECE

symbol on the brake failure indicator

lamp; (b) 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 headlamps

and front sidemarkers; (b) installation of

U.S.-model taillamp lenses which

incorporate rear sidemarkers; (c)

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 with a U.S.-model

component.

Standard No. 114 Theft Protection:

Installation of a warning buzzer

microswitch and a warning buzzer in

the steering lock assembly.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN

reference label on the edge of the door

or latch post nearest the driver.

Standard No. 118 Power Window

Systems: Installation of a relay in 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 seat belt

warning buzzer; (b) installation of knee

bolsters to augment the vehicles’ air bag

based passive restraint systems, which

otherwise conforms to the standard. The

petitioner stated that in addition to a

driver’s side air bag, the vehicles are

equipped with side impact protection

systems, with manual lap and shoulder

belts in the front and rear outboard

seating positions, and with a manual lap

belt in the center seating positions.

One comment was received in

response to the notice of petition, from

Volvo Cars of North America, Inc.

(‘‘Volvo’’), the United States

representative of Volvo Car Corporation

of Gothenburg, Sweden, the vehicle’s

manufacturer. In its comment, Volvo

stated that in addition to the

noncompliances noted in the petition,

the 1992 Volvo 740 GL and 940 GL

Sedan and Wagon have a parking brake

reminder light and, if so equipped, an

anti-lock brake system light that do not

comply with Standard No. 101. Volvo

additionally asserted that none of the

exterior lamps on these vehicles comply

with Standard No. 108, and that their

left (driver’s) side outside mirror does

not comply with Standard No. 111.

Volvo also observed that the vehicles’

rear door locks do not comply with

Standard No. 206 because they are

capable of being opened with the inside

door handle when locked. Volvo finally

disputed the petitioner’s contention that

the vehicles comply with the Bumper

Standard at 49 CFR Part 581, and

asserted that they neither have U.S.

model bumpers nor have they been

tested for compliance with the standard.

NHTSA accorded J.K. an opportunity

to respond to Volvo’s comments. In its

response, J.K. stated that U.S. model

components are substituted for all

noncomplying dash controls and

displays, so all reminder lights will

meet Standard No. 101. J.K. additionally

stated that all exterior lamps on the

vehicles are changed so that they meet

Standard No. 108 after conversion. J.K.

noted that the driver’s side mirror

assembly on European versions of the

vehicles does not meet Standard No.

111, but that the same component on

Saudi and Gulf State versions do. As a

consequence, J.K. stated that mirrors

may have to be replaced on non-U.S.

certified models on a case-by-case basis,

based on the part numbers inscribed on

those items. J.K. also acknowledged that

the rear door locks on European

versions of the vehicle will have to be

changed to comply with Standard No.

206, and that the noncomplying

components will be identified on a caseby-case basis by examining their part

numbers. J.K. stated that the same

procedure will be used to identify

noncomplying bumpers on European

versions of the vehicle, which it

acknowledged must be reinforced or

replaced with U.S. model components

to meet Part 581. J.K. observed that the

Saudi and Gulf States versions of the

vehicle have U.S. model bumpers

already installed.

NHTSA has reviewed each of the

issues that Volvo has raised regarding

J.K.’s petition. NHTSA believes that

J.K.’s responses adequately address each

of those issues. NHTSA further notes

that the modifications described by J.K.

have been performed with relative ease

on thousands of nonconforming

vehicles imported over the years, and

would not preclude the non-U.S.

certified 1992 Volvo 740 GL and 940 GL

Sedan and Wagon from being found

‘‘capable of being readily modified to

comply with all Federal motor vehicle

safety standards.’’

NHTSA has accordingly 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–137 is the
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Notices 25269

vehicle eligibility number assigned to

vehicles admissible under this decision.

Final Determination

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that

1992 Volvo 740 GL and 940 GL Sedan

and Wagon passenger cars not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards are substantially similar to

1992 Volvo 740 GL and 940 GL Sedan

and Wagon 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: May 14, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–12635 Filed 5–17–96; 8:45 am]

BILLING CODE 4910–59–M

[Docket No. 96–048; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1984

Mitsubishi Pajero Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1984

Mitsubishi Pajero passenger cars are

eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that a 1984 Mitsubishi

Pajero 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 June 19, 1996.

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)

(formerly section 108(c)(3)(A)(i)(I) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the Act),

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 (Registered Importer No.

R–90–009) has petitioned NHTSA to

decide whether 1984 Mitsubishi Pajero

passenger cars are eligible for

importation into the United States. The

vehicle which Champagne believes is

substantially similar is the 1984

Mitsubishi Montero. Champagne has

submitted information indicating that

the manufacturer of the 1984 Mitsubishi

Montero certified that vehicle as

conforming to all applicable Federal

motor vehicle safety standards and

offered it for sale in the United States.

The petitioner contends that it

carefully compared the 1984 Mitsubishi

Pajero to the 1984 Mitsubishi Montero,

and found the two models to be

substantially similar with respect to

compliance with most applicable

Federal motor vehicle safety standards.

Champagne submitted information

with its petition intended to

demonstrate that the 1984 Mitsubishi

Pajero, as originally manufactured,

conforms to many Federal motor vehicle

safety standards in the same manner as

the 1984 Mitsubishi Montero that was

offered for sale in the United States, or

is capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that

the 1984 Mitsubishi Pajero is identical

to the certified 1984 Mitsubishi Montero

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, 107

Reflecting Surfaces, 113 Hood Latch

Systems, 116 Brake Fluid, 119 New

Pneumatic Tires for Vehicles other than

Passenger Cars, 124 Accelerator

Control Systems, 201 Occupant

Protection in Interior Impact, 203

Impact Protection for the Driver From

the Steering Control System, 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, 211 Wheel

Nuts, Wheel Discs and Hubcaps, 212

Windshield Retention, 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 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 which incorporate

headlamps with DOT markings; (b)

installation of front and rear

sidemarker/reflector assemblies; (c)

installation of U.S.-model taillamp

assemblies.

Standard No. 111 Rearview Mirrors:

Replacement of the convex passenger

side rear view mirror.

Standard No. 114 Theft Protection:

Installation of a buzzer microswitch in

the steering lock assembly, and a

warning buzzer.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN