Notice of Receipt of Petition for Decision that Nonconforming 1991 Jaguar XJS Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-071; Notice 1]

Notice of Receipt of Petition for Decision that Nonconforming

1991 Jaguar XJS Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1991 Jaguar XJS 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 1991

Jaguar XJS 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 August 15,

1996.

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. 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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether 1991 Jaguar XJS passenger cars are eligible for

importation into the United States. The vehicle which Wallace believes

is substantially similar is the 1991 Jaguar XJS 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 1991 Jaguar XJS 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.

Wallace submitted information with its petition intended to

demonstrate that the non-U.S. certified 1991 Jaguar XJS, 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

1991 Jaguar XJS 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, 118 Power Operated Window Systems, 124

Accelerator Control Systems, 201 Occupant Protection in Interior

Impact, 202 Head Restraints, 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.

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 with one

calibrated in kilometers to miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.--model headlight assemblies; (b)

installation of U.S.--model turn signal lenses; (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: inscription of the required

warning statement on the passenger side rearview mirror.

Standard No. 114 Theft Protection: installation of a warning

buzzer.

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 module; (b) installation of a U.S.--model

steering wheel, and driver's side air bag and knee bolster. The

petitioner states that the vehicle is equipped with Type 2 seat belts

in both designated seating positions.

Additionally, the petitioner states that bumper shocks, an

armature, and miscellaneous attachments must be added to the non-U.S.

certified 1991 Jaguar XJS to comply with the Bumper Standard found in

49 CFR Part 581.

[[Page 37108]]

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, S.W., 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: July 10, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-18018 Filed 7-15-96; 8:45 am]

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