Receipt of Petition for Decision That Nonconforming 1989 Honda Civic DX Hatchback Passenger Cars Are Eligible for Importation

Federal RegisterMay 30, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-44; Notice 1]

Receipt of Petition for Decision That Nonconforming 1989 Honda

Civic DX Hatchback Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1989 Honda Civic DX Hatchback 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 1989

Honda Civic DX Hatchback 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.

DATE: The closing date for comments on the petition is June 29, 1995.

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 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.

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

90-006) has petitioned NHTSA to decide whether 1989 Honda Civic DX

Hatchback passenger cars are eligible for importation into the United

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

1989 Honda Civic DX Hatchback 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 1989 Honda Civic DX Hatchback 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 1989 Honda Civic DX Hatchback,

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 [[Page 28202]] readily altered to conform to

those standards.

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

1989 Honda Civic DX Hatchback is identical to its U.S. certified

counterpart 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, 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 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 assemblies 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 key

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: Installation of a seat

belt warning buzzer, wired to the seat belt latch. The petitioner

states that the vehicle is equipped with U.S.-model shoulder belts in

both front and rear outboard seating positions.

Standard No. 214 Side Impact Protection: Installation of

reinforcing beams.

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

U.S. certified 1989 Honda Civic DX Hatchback must be reinforced with

steel support structures 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: 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 24, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-13168 Filed 5-26-95; 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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