[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 49039-49040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23485]
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[[Page 49040]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-06; Notice 2]
Denial of Petition for Import Eligibility Decision
This notice sets forth the reasons for the denial of a petition
submitted to the National Highway Traffic Safety Administration (NHTSA)
under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(C)(i)(I) of
the National Traffic and Motor Vehicle Safety Act (the Act)). The
petition, which was submitted by J.K. Motors, Inc. of Kingsville,
Maryland (J.K.), a registered importer of motor vehicles, requested
NHTSA to decide that 1993, 1994, and 1995 Mitsubishi 3000GT and 3000GT
VR-4 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 the versions of 1993, 1994, and 1995
Mitsubishi 3000GT and 3000GT VR-4 passenger cars that were originally
manufactured for importation into and sale in the United States and
that were certified by their original manufacturer, Mitsubishi Motors
Corporations, as complying with the safety standards, and (2) they are
capable of being readily modified to conform to all applicable Federal
motor vehicle safety standards.
NHTSA published a notice in the Federal Register on February 7,
1995 (60 FR 7266) that contained a thorough description of the
petition, and solicited public comments upon it. One comment was
received in response to this notice, from Mitsubishi Motors America
Inc. (``Mitsubishi''), a U.S. subsidiary of the vehicle's original
manufacturer.
In its comment, Mitsubishi stated that based upon its own
evaluation of the vehicles involved, it believes that they are not
capable of being readily altered to conform to all applicable Federal
motor vehicle safety standards. In particular, Mitsubishi noted that
non-U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi
3000GT and 3000GT VR-4 do not have a seat belt telltale, as required by
Standard No. 101, Controls and Displays, do not have a windshield wiper
arm and blade that cover the area required by Standard No. 104,
Windshield Wiping and Washing System, and have ABS symbols that do not
conform to the lettering height requirements of Standard No. 105,
Hydraulic Brake Systems. Additionally, Mitsubishi noted that the
vehicles are equipped with ``pop-up'' headlamps that are part of an
integrated system, and that this entire assembly does not comply with
Standard No. 108, Lamps, Reflective Devices, and Associated Equipment.
Mitsubishi also asserted that some of the vehicles involved would have
to be retrofitted with a different occupant restraint system to conform
to the requirements of Standard No. 208, Occupant Crash Protection.
Mitsubishi additionally observed that this restraint system may have to
be tested to assure compliance with the standard, and that the front
seat assembly may have to be repositioned to withstand the standard's
injury criteria, which are more stringent than those of the
corresponding European standard. Mitsubishi further noted that the non-
U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi 3000GT
and 3000GT VR-4 do not have knee bolsters or metal inserts in their
glove compartments, as found on the U.S. certified versions of these
vehicles, and have seat belts that are manufactured to manufactured to
specifications that differ from those found in Standard No. 209, Seat
Belt Assemblies. Finally, Mitsubishi noted that contrary to J.K.'s
assertion, the bumpers on the non-U.S. certified versions of the 1993,
1994, and 1995 Mitsubishi 3000GT and 3000GT VR-4 differ from those
found on the U.S. certified versions of these vehicles, and have not
been tested to assure compliance with the Bumper Standard found in 49
CFR part 581.
NHTSA accorded J.K. an opportunity to respond to Mitsubishi's
comments. As of the date of this notice, J.K. has failed to submit such
a response. This has compelled NHTSA to conclude, from the state of the
record, that the petition does not clearly demonstrate that the non-
U.S. certified versions of the 1993, 1994, and 1995 Mitsubishi 3000GT
and 3000GT VR-4 are eligible for importation. The petition must
therefore be denied under 49 CFR 593.7(e).
In accordance with 49 U.S.C. 30141(b)(1) (formerly section
108(c)(C)(ii) of the Act), NHTSA will not consider a new import
eligibility petition covering this vehicle until at least three months
from the date of this notice.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: September 18, 1995.
Marilynee Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-23485 Filed 9-20-95; 8:45 am]
BILLING CODE 4910-59-M
