Receipt of Petition for Determination That Nonconforming 1993 Jaguar Sovereign Passenger Cars Are Eligible for Importation

Federal RegisterMay 25, 1994

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DEPARTMENT OF TRANSPORTATION

[Docket No. 94-42; Notice 1]

Receipt of Petition for Determination That Nonconforming 1993

Jaguar Sovereign Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that

nonconforming 1993 Jaguar Sovereign passenger cars are eligible for

importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a determination that a

1993 Jaguar Sovereign 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 modified to conform to the standards.

DATES: The closing date for comments on the petition is June 24, 1994.

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:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under section 108(c)(3)(A)(i) of the National Traffic and Motor

Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless

NHTSA has determined that the motor vehicle is substantially similar to

a motor vehicle originally manufactured for importation into and sale

in the United States, certified under 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 modified to conform to all applicable

Federal motor vehicle safety standards.

Petitions for eligibility determinations 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 determines, 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 determination

in the Federal Register.

J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered

Importer R-90-006) has petitioned NHTSA to determine whether 1993

Jaguar Sovereign 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. The vehicle which

J.K. believes is substantially similar is the 1993 Jaguar Sovereign

manufactured for importation into and sale in the United States and

certified by its manufacturer, Jaguar Cars Ltd., as conforming to all

applicable Federal motor vehicle safety standards

The petitioner states that it has carefully compared the non-U.S.-

certified version of the Jaguar Sovereign to its U.S.-certified

counterpart, and found the two vehicles to be substantially similar

with respect to most applicable Federal motor vehicle safety standards.

J.K. submitted information with its petition intended to

demonstrate that the non-U.S.-certified version of the 1993 Jaguar

Sovereign, 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 modified to conform to

those standards.

Specifically, the petitioner claims that the non-U.S.-certified

1993 Jaguar Sovereign is identical to its U.S.-certified counterpart

with respect to compliance with Standard 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 Door Strength,

216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302 Flammability of Interior Materials.

Petitioner also contends that the vehicle is capable of being

readily modified 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 headlamp assemblies which

incorporate sealed beam headlamps and front sidemarkers; (b)

installation of U.S.-model taillamp assemblies which incorporate rear

sidemarkers; (c) installation of a high mounted stop lamp; (d)

replacement of the buld failure modules for the about lighting systems

with U.S.-model components.

Standard No. 110 Tire Selection and Rims: Installation of a tire

information placard.

Standard No. 111 Rearview Mirrors: Replacement of the passenger

side rearview, which is convex, but lacks the required warning

statement.

Standard No. 114 Theft Protection: Installation of a microswitch

and warning buzzer in the steering lock electrical circuit.

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-Operated Window Systems: Installation of a

relay in the power window system so that the window transport is

inoperative when the ignition is turned off.

Standard No. 208 Occupant Crash Protection: (a) Installation of a

seat belt warning buzzer wired to the driver's seat belt latch; (b)

replacement of the air bag and steering column jacket with U.S.-model

components; (c) installation of a knee bolster to augment the vehicle's

passive restraint system.

Additionally, the petitioner states that the bumpers on the non-

U.S.-certified 1993 model Sovereign must be reinforced to comply with

the Bumper Standard found in 49 CFR part 581.

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, 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 on the petition

will be published in the Federal Register pursuant to the authority

indicated below.

Authority: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (C)(ii); 49 CFR

593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: May 17, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-12684 Filed 5-24-94; 8:45 am]

BILLING CODE 4910-59-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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