Notice of Receipt of Petition for Decision That Nonconforming 1993 Volvo 940 GL Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-90; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1993 Volvo 940 GL Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1993 Volvo 940 GL 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 decision that a 1993

Volvo 940 GL 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 December 8,

1994.

ADDRESS: 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.

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

Importer 90-006) has petitioned NHTSA to decide whether 1993 Volvo 940

GL passenger cars are eligible for importation into the United States.

The vehicle which J.K. believes is substantially similar is the 1993

Volvo 940 GL that was manufactured for importation into, and sale in,

the United States and certified by its manufacturer as conforming to

all applicable Federal motor vehicle safety standards.

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

certified 1993 Volvo 940 GL 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.

J.K. submitted information with its petition intended to

demonstrate that the non-U.S. certified 1993 Volvo 940 GL, 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

1993 Volvo 940 GL 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, 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 Resistence, 219 Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302 Flammability of Interior Materials.

Additionally, the petitioner states that the non-U.S. certified

1993 Volvo 940 GL 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 an ECE symbol on the brake failure

indicator lamp; (b) replacement of the speedometer/odometer, which is

calibrated in kilometers, with a U.S.-model component calibrated in

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 taillamp assemblies which incorporate rear

sidemarkers; (c) installation of a factory-supplied high mounted stop

lamp assembly.

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. 208 Occupant Crash Protection: (a) installation of a

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

installation of a knee bolster to augment the vehicle's air bag based

passive restraint system, which otherwise conforms to the standard.

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: November 22, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-27599 Filed 11-7-94; 8:45 am]

BILLING CODE 4910-59-M