Notice of Receipt of Petition for Decision that Nonconforming 1990-1999 Nissan GTS and GTR Passenger Cars Are Eligible for Importation

[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18963-18965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9546]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5507]


Notice of Receipt of Petition for Decision that Nonconforming 
1990-1999 Nissan GTS and GTR Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on petition for decision that 
nonconforming 1990-1999 Nissan GTS and GTR passenger cars are eligible 
for importation.

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SUMMARY: This notice requests comments on a petition submitted to the 
National Highway Traffic Safety Administration (NHTSA) for a decision 
that a 1990-1999 Nissan GTS and GTR 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 they have safety features that comply with, or are 
capable of being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is May 17, 1999.

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 am to 5 
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. Sec. 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. Where there is no 
substantially similar U.S.-certified motor vehicle, 49 U.S.C. 
30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted 
into the United States if its safety features comply with, or are 
capable of being altered to comply with, all applicable Federal motor 
vehicle safety standards based on destructive test data or such other 
evidence as NHTSA decides to be 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.
    J.K. Motors of Baltimore, Maryland (Registered Importer No. R-90-
006) has petitioned NHTSA to decide whether 1990-1999 Nissan GTS and 
GTR passenger cars are eligible for importation into the United States. 
J.K. contends that these vehicles are eligible for importation under 49 
U.S.C. 30141(a)(1)(B) because they have safety features that comply 
with, or are

[[Page 18964]]

capable of being altered to comply with, all applicable Federal motor 
vehicle safety standards.
    Specifically, the petitioner claims that 1990-1999 Nissan GTS and 
GTR passenger cars have safety features that comply with Standard Nos. 
102 Transmission Shift Lever Sequence * * *. (based on comparison of 
components to those on similar U.S.-certified models, such as the 
Nissan 300ZX Turbo), 103 Defrosting and Defogging Systems (based on 
engineering analysis and comparison of components to those on similar 
U.S.-certified models, such as the Nissan 300ZX and 300ZX Turbo), 104 
Windshield Wiping and Washing Systems (based on engineering analysis 
and comparison of components to those on similar U.S.-certified models, 
such as the Nissan 240SX, 300ZX, 300ZX Turbo, and Maxima), 105 
Hydraulic Brake Systems (based on engineering analysis and comparison 
of components to those on similar U.S.-certified models, such as the 
Nissan 300ZX and Maxima), 106 Brake Hoses (based on comparison of 
components to those on similar U.S.-certified models and on visual 
inspection of certification markings), 109 New Pneumatic Tires (based 
on visual inspection of certification markings), 113 Hood Latch Systems 
(based on comparison of components to those on similar U.S.-certified 
models, such as the Nissan 300 ZX Turbo), 116 Brake Fluids (based on 
visual inspection of certification markings), 124 Accelerator Control 
Systems (based on engineering analysis and comparison of components to 
those on similar U.S.-certified models, such as the Nissan 300ZX Turbo, 
which also utilize dual return springs, either of which is capable of 
closing the throttle when the other is disconnected), 202 Head 
Restraints (based on test data), 203 Impact Protection for the Driver 
from the Steering Control System (based on test data), 204 Steering 
Control Rearward Displacement (based on test data), 205 Glazing 
Materials (based on comparison of components to those on similar U.S.-
certified models and on visual inspection of certification markings), 
206 Door Locks and Door Retention Components (based on test data), 209 
Seat Belt Assemblies (based on comparison of components to those on 
similar U.S.-certified models and on visual inspection of certification 
markings), 216 Roof Crush Resistance (based on comparison of roof 
structure to that of similar U.S. certified models, such as the Nissan 
300 ZX, and on engineering analysis), 219 Windshield Zone Intrusion 
(based on test data), and 302 Flammability of Interior Materials (based 
on comparison of components to those on similar U.S.-certified models).
    Petitioner also states that based on engineering analysis the 1990-
1999 Nissan GTS and GTR passenger cars comply with the Bumper Standard 
found at 49 CFR part 581. The petitioner observes that the bumpers are 
of a customary plastic/nylon design impregnated with body color and 
that they are mounted with high energy absorption components.
    The petitioner also contends that 1990-1999 Nissan GTS and GTR 
passenger cars are capable of being altered to comply with 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 speedometer/odometer calibrated 
in miles per hour. Petitioner states that it is also silk screening its 
own custom faces to meet the standard. Petitioner further states that 
the remaining controls and displays are identical to those found on 
similar U.S.-certified models, such as the Nissan 300ZX.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lights; (b) installation of U.S.-model rear sidemarker 
lights and reflectors; (c) installation of a high mounted stop lamp, if 
the vehicle is not already so equipped. The petitioner asserts that the 
tail lamp assemblies meet the standard in all respects.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard. Petitioner states that the rims that are equipped 
on the vehicle have DOT certification markings and are identical to 
those found on similar U.S.-certified models, such as the Nissan 300ZX 
Turbo.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: installation of a U.S.-model 
warning buzzer in the steering lock electrical circuit on all models 
and installation of a U.S.-model seatbelt warning system on 1990-1993 
models. Petitioner states that the components installed on GTS models 
will be identical to those found on the Nissan Maxima, and the 
components installed on GTR models will be identical to those found on 
the Nissan 300ZX Turbo.
    Standard No. 118 Power-Operated Window Systems: installation of a 
relay (identical to that found on the Nissan 300ZX) in the power window 
system of 1990-1993 models so that the window transport is inoperative 
when the ignition is switched off. Petitioner states that 1994-1999 
models are already equipped with this component.
    Standard No. 201 Occupant Protection in Interior Impact: The 
petitioner states that the vehicle will meet the standard with 
structural modifications to the dash area of the vehicles that are more 
fully described in a submission for which a pending request for 
confidentiality has been filed by petitioner with NHTSA's Office of 
Chief Counsel under 49 CFR part 512.
    Standard No. 207 Seating Systems: The petitioner states that the 
vehicle will meet the standard with structural modifications to the 
seat frames that are more fully described in a submission for which a 
pending request for confidentiality has been filed by petitioner with 
NHTSA's Office of Chief Counsel under 49 CFR part 512.
    Standard No. 208 Occupant Crash Protection: (a) replacement of the 
driver's side airbag on 1990-1993 models, and the driver's and 
passenger's side airbags on 1994-1999 models with components 
manufactured to petitioner's specifications based on static and dynamic 
test results, that are more fully described in a submission for which a 
pending request for confidentiality has been filed by petitioner with 
NHTSA's Office of Chief Counsel under 49 CFR part 512; (b) installation 
of an airbag warning label on each sun visor. Petitioner states that 
the vehicle is equipped with a seatbelt warning lamp and buzzer that 
are identical to components found on similar U.S.-certified models. The 
petitioner also states that the vehicles are equipped with combination 
lap and shoulder restraints that adjust by means of an automatic 
retractor and release by means of a single push button at all front and 
rear designated seating positions.
    Standard No. 210 Seat Belt Assembly Anchorages: The petitioner 
states that the vehicle will meet the standard with structural 
modifications at seat belt assembly anchorage points that are more 
fully described in a submission for which a pending request for 
confidentiality has been filed by petitioner with NHTSA's Office of 
Chief Counsel under 49 CFR part 512.
    Standard No. 212 Windshield Retention: application of adhesives to 
the windshield's edges.
    Standard No. 214 Side Impact Protection: The petitioner states that 
the vehicle will meet the standard with structural modifications that 
are more fully described in a submission for

[[Page 18965]]

which a pending request for confidentiality has been filed by 
petitioner with NHTSA's Office of Chief Counsel under 49 CFR part 512.
    Standard No. 301 Fuel System Integrity: The petitioner states that 
the vehicle will meet the standard with fuel system modifications made 
in conjunction with those necessary to meet Environmental Protection 
Agency (EPA) requirements that are more fully described in a submission 
for which a pending request for confidentiality has been filed by 
petitioner with NHTSA's Office of Chief Counsel under 49 CFR part 512. 
The petitioner further states that it conducted dynamic tests that 
demonstrate the vehicle's compliance with the standard.
    The petitioner additionally states that a vehicle identification 
number (VIN) plate must be attached to the left windshield post and a 
reference and certification label must be added in the left front door 
post area to meet 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 Management, Room PL-401, 400 Seventh St., SW, 
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 will be published 
in the Federal Register pursuant to the authority indicated below.

    Authority: 49 U.S.C. Sec. 30141(a)(1)(B) and (b)(1); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on April 12, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9546 Filed 4-15-99; 8:45 am]
BILLING CODE 4910-59-P