Receipt of Petition for Decision That Nonconforming 1971 MGB GT Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-78; Notice 1]

Receipt of Petition for Decision That Nonconforming 1971 MGB GT

Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1971 MGB GT 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 decision that a 1971

MGB GT 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 on November 14,

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 Street 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 49 U.S.C. Sec. 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. Sec. 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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')

(Registered Importer 90-007) has petitioned NHTSA to decide whether

1971 MGB GT passenger cars are eligible for importation into the United

States. The vehicle which G&K believes is substantially similar is the

1971 MGB GT that was manufactured for importation into, and sale in,

the United States and certified by its manufacturer, British Leyland

Motor Corp., Ltd., as conforming to all applicable Federal motor

vehicle safety standards.

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

certified 1971 MGB GT 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.

G&K submitted information with its petition intended to demonstrate

that the non-U.S. certified 1971 MGB GT, 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

1971 MGB GT is identical to its U.S. certified counterpart with respect

to compliance with Standards Nos. 102 Transmission Shift Level 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, 111 Rearview Mirrors, 113

Hood Latch Systems, 116 Brake Fluid, 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, 208 Occupant Crash Protection, 209

Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 211 Wheel

Nuts, Wheel Discs and Hubcaps, 212 Windshield Retention, and 301 Fueld

System Integrity.

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: substitution of a lens

marked ``Brake'' for a lens with an ECE symbol on the brake failure

indicator lamp.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamp assemblies with

sealed beam headlamps; (b) installation of front and rear sidemarkers.

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

information placard.

Standard No. 114 Theft Protection: installation of an ignition

warning light and a buzzer system.

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.

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: 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 September 28, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-25164 Filed 10-11-94; 8:45 am]

BILLING CODE 4910-59-M