Notice of Receipt of Petition for Decision That Nonconforming 1990-1993 Mazda Miata (MX-5) Passenger Cars Are Eligible for Importation

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-081; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1990-1993 Mazda Miata (MX-5) Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990-1993 Mazda Miata (MX-5) 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 1990-

1993 Mazda Miata (MX-5) 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

(1) they are substantially similar to vehicles that were originally

manufactured for importation into and sale in the United States and

certified by their manufacturer as complying with the safety standards,

and (2) they are capable of being readily altered to conform to the

standards.

DATES: The closing date for comments on the petition is August 30,

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.

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

Importer 90-006) has petitioned NHTSA to decide whether 1990-1993 Mazda

Miata (MX-5) passenger cars are eligible for importation into the

United States. The vehicles which J.K. believes are substantially

similar are the 1990-1993 Mazda Miata (MX-5) that were manufactured for

importation into, and sale in, the United States and certified by their

manufacturer as conforming to all applicable Federal motor vehicle

safety standards.

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

certified 1990-1993 Mazda Miata (MX-5) to their U.S. certified

counterparts, and found the 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 1990-1993 Mazda Miata (MX-5)

passenger cars, as originally manufactured, conform to many Federal

motor vehicle safety standards in the same manner as their U.S.

certified counterparts, or are capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that non-U.S. certified 1990-

1993 Mazda Miata (MX-5) passenger cars are identical to their U.S.

certified counterparts with respect to compliance with Standards No.

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.

Additionally, the petitioner states that non-U.S. certified 1990-

1993 Mazda Miata (MX-5) passenger cars comply with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contends that the vehicles are 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.

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. 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: (a) installation of a

seat belt warning buzzer; (b) installation of a driver's side knee

bolster. The petitioner states that the vehicles are equipped with

driver's side air bags and manual lap and shoulder belts that have

identical part numbers to those found on the vehicles' U.S. certified

counterparts.

Standard No. 214 Side Impact Protection: installation of door bars.

Interested persons are invited to submit comments on the petition

described above. Comments should refer to the docket number and be

submitted

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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 24, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-19355 Filed 7-30-96; 8:45 am]

BILLING CODE 4910-59-P