Decision That Nonconforming 1973 Triumph Spitfire MkIV Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-105; Notice 2]

Decision That Nonconforming 1973 Triumph Spitfire MkIV Passenger

Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonforming 1973 Triumph

Spitfire MkIV passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1973 Triumph

Spitfire MkIV passenger cars not originally manufactured to comply with

all applicable Federal motor vehicle safety standards are eligible for

importation into the United States because they are substantially

similar to a vehicle originally manufactured for importation into and

sale in the United States and certified by its manufacturer as

complying with the safety standards (the U.S.-certified version of the

1973 Triumph Spitfire MkIV), and they are capable of being readily

altered to conform to the standards.

DATES: This decision is effective as of the date of its publication in

the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, 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) 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 [[Page 13204]] 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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(Registered Importer R-90-005) petitioned NHTSA to decide whether 1973

Triumph Spitfire MkIV passenger cars are eligible for importation into

the United States. NHTSA published notice of the petition on January 4,

1995 (60 FR 525) to afford an opportunity for public comment. The

reader is referred to that notice for a thorough description of the

petition. No comments were received in response to the notice. Based on

its review of the information submitted by the petitioner, NHTSA has

decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of the vehicle admissible under any final decision

must indicate on the form HS-7 accompanying entry the appropriate

vehicle eligibility number indicating that the vehicle is eligible for

entry. VSP 108 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby decides

that a 1973 Triumph Spitfire MkIV not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is

substantially similar to a 1973 Triumph Spitfire MkIV originally

manufactured for importation into and sale in the Untied States and

certified under 49 U.S.C. 30115, and is capable of being readily

altered to conform to all applicable Federal motor vehicle safety

standards.

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: March 6, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-5963 Filed 3-9-95; 8:45 am]

BILLING CODE 4910-59-M