Notice of Receipt of Petition for Decision That Nonconforming 1994 and 1995 Ford Escort RS Cosworth Passenger Cars Are Eligible for Importation

Federal RegisterApr 12, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-25; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1994 and 1995 Ford Escort RS Cosworth Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1994 and 1995 Ford Escort RS Cosworth 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 1994

and 1995 Ford Escort RS Cosworth 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 because they have safety features that comply with, or are

capable of being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is May 12, 1995.

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: 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 Sates 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. Where there is no

substantially similar U.S.-certified motor vehicle, 49 U.S.C.

30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 15

U.S.C. 1397(c)(3)(A)(i)(II)) permits a nonconforming motor vehicle to

be admitted into the United States if its safety features comply with,

or are capable of being altered to comply with, all applicable Federal

motor vehicle safety standards based on destructive test data or such

other evidence as NHTSA decides to be adequate.

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.

Sun International Racing of Manhattan Beach, California (Registered

Importer R-95-050), has petitioned NHTSA to decide whether 1994 and

1995 Ford Escort RS Cosworth passenger cars are eligible for

importation into the United States. The petitioner contends that these

vehicles are eligible for importation under 49 U.S.C. 30141(a)(1)(B)

because they have safety features that comply with, or are capable of

being altered to comply with, all applicable Federal motor vehicle

safety standards.

Specifically, the petitioner claims that the 1994 and 1995 Ford

Escort RS Cosworth have safety features that comply 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 Fluids, 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 Impact Protection, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,

and 302 Flammability of Interior Materials. [[Page 18660]]

The petitioner further 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) inscription of the letters ``ABS'' on the antilock

brake system warning light; (c) 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 sealed beam headlamps; (b)

installation of sidemarker lamps and reflectors; (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 Mirrors: (a) Replacement of the driver's

side rearview mirror with one having a flat reflective surface; (b)

inscription of the required warning statement on the passenger side

rearview mirror.

Standard No. 114 Theft Protection: Installation of a warning buzzer

system.

Standard No. 115 Vehicle Identification Number: Installation of a

VIN plate on the left side of the vehicle that is readable from outside

the driver's side of the windshield.

Standard No. 118 Power-Operated Window Systems: disconnection of

the driver's side door jamb switch so that the window transport is

inoperative when the ignition is switched off.

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

air bag warning label; (b) installation of a seat belt warning buzzer.

The petitioner states that the vehicle is equipped with both driver's

and passenger side air bags, Type 2 seat belts in the front and rear

outboard seating positions, and a Type 1 seat belt in the rear center

seating position.

Additionally, the petitioner claims that reinforcing material must

be installed for the 1994 and 1995 Ford Escort RS Cosworth 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)(B) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: April 6, 1995.

Marilynne E. Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-8963 Filed 4-11-95; 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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