Notice of Receipt of Petition for Decision that Nonconforming 1991 through 1996 Lexus SC300 and SC400 Passenger Cars Are Eligible for Importation

Federal RegisterSep 16, 1997

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 97-60; Notice 1]

Notice of Receipt of Petition for Decision that Nonconforming

1991 through 1996 Lexus SC300 and SC400 Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1991 through 1996 Lexus SC300 and SC400 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 1991

through 1996 Lexus SC300 and SC400 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 that were 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 October 16,

1997.

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 a.m. to 4 p.m.]

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), 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, 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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')

(Registered Importer 90-007) has petitioned NHTSA to decide whether

1991 through 1996 Lexus SC300 and SC400 passenger cars are eligible for

importation into the United States. The vehicles which G&K believes are

substantially similar are the 1991 through 1996 Lexus SC300 and SC400

passenger cars that were manufactured for importation into, and sale

in, the United States and certified by their manufacturer, Toyota Motor

Corporation, as conforming to all applicable Federal motor vehicle

safety standards.

[[Page 48710]]

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

certified 1991-1996 Lexus SC300 and SC400 passenger cars 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.

G&K submitted information with its petition intended to demonstrate

that the non-U.S. certified 1991-1996 Lexus SC300 and SC400 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 the non-U.S. certified

1991-1996 Lexus SC300 and SC400 passenger cars are identical to their

U.S. certified counterparts 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, 108 Lamps, Reflective Devices

and Associated Equipment, 109 New Pneumatic Tires, 111 Rearview

Mirrors, 113 Hood Latch Systems, 116 Brake Fluid, 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,

212 Windshield Retention, 214 Side Impact Protection, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of

Interior Materials.

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

1991-1996 Lexus SC300 and SC400 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. 110 Tire Selection and Rims: installation of a tire

information placard.

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

microswitch and a warning buzzer in the steering lock assembly.

Standard No. 118 Power Window Systems: rewiring of the power window

system so that the window transport is inoperative when the ignition is

switched off.

Standard No. 203 Impact Protection for the Driver From the Steering

Control System: installation of a driver's side air bag and knee

bolster identical to those installed on the vehicles' U.S.-certified

counterparts.

Standard No. 208 Occupant Crash Protection: installation of a seat

belt warning buzzer. Installation of a driver's side air bag and knee

bolster on 1991-1993 models, and installation of both a driver's and a

passenger's side air bag and knee bolster on 1994-1996 models. The

petitioner states that all air bags and knee bolsters installed will be

identical to those found on the vehicles' U.S.-certified counterparts.

The petitioner further states that the vehicles are equipped with Type

2 seat belts in both front and rear outboard designated seating

positions.

Standard No. 301 Fuel System Integrity: installation of a rollover

valve in the fuel tank vent line between the fuel tank and the

evaporative emissions collection canister.

The petitioner also states that a vehicle identification number

(VIN) plate will be installed in the vehicles to meet the requirements

of 49 CFR Part 565.

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: September 9, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-24427 Filed 9-15-97; 8:45 am]

BILLING CODE 4910-59-P

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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