[Federal Register: April 10, 2007 (Volume 72, Number 68)]
[Notices]
[Page 17985-17986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap07-138]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-27774]
Notice of Receipt of Petition for Decision That Nonconforming
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet)
Passenger Cars Manufactured Prior to September 1, 2006 Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet)
passenger cars manufactured prior to September 1, 2006, are eligible
for importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet)
passenger cars, manufactured prior to September 1, 2006, that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards (FMVSS) 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 10, 2007.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Management, Room PL-401, 400
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m.
to 5 p.m.]. Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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 FMVSS 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 FMVSS. When there is no
substantially similar U.S.-certified counterpart, a nonconforming motor
vehicle shall be refused admission into the United States unless NHTSA
decides under 49 U.S.C. 30141(a)(1)(B), that the motor vehicle has
safety features that comply with, or are capable of being altered to
comply with, all applicable FMVSS based on destructive test data or
such other evidence 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.
G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')
(Registered Importer 90-007) has petitioned NHTSA to decide whether
nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and
Cabriolet) passenger cars manufactured prior to September 1, 2006, are
eligible for importation into the United States. In its petition, G&K
noted that NHTSA has granted import eligibility to 2002-2006 Smart Car
Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars
that G&K claims are identical to the 2007 Smart Car Passion, Pulse, and
Pure (ForTwo Coupe and Cabriolet) passenger cars that are the subject
of this petition. In its petitions for the 2002-2006 vehicles, the
petitioner claimed that the vehicles were capable of being altered to
comply with all applicable FMVSS (see NHTSA Docket Nos. NHTSA-2003-
16401, NHTSA-2005-21334, NHTSA-2005-21912, NHTSA-2005-23391 & NHTSA-
2006-25071). Because those vehicles were not manufactured for
importation into, and sale in, the United States, and were not
certified by their original manufacturer (DaimlerChrysler), as
conforming to all applicable FMVSS, they cannot be categorized as
``substantially similar'' to the 2007 version for purposes of
establishing import eligibility under 49 U.S.C. 30141(a)(1)(A).
However, the petitioner seeks to rely on the data, views and arguments
submitted as part of the 2002-2004 petition; proof of conformity
information that the petitioner submitted for the first vehicle it
conformed under the eligibility decision for the 2002-2004 vehicles;
and upon the contention that the 2007 model vehicles differ from the
2002-2006 models only in that they were designated as 2007 model
vehicles by their original manufacturer.
G&K contends that nonconforming 2007 Smart Car Passion, Pulse, and
Pure (ForTwo Coupe and Cabriolet) passenger cars, manufactured prior to
September 1, 2006, 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 FMVSS.
Specifically, the petitioner claims that 2007 Smart Car Passion,
Pulse, and Pure (Coupe and Cabriolet) passenger cars have safety
features that comply with Standard Nos. 103 Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses,
109 New Pneumatic Tires, 116 Brake Fluid, 118 Power Window Systems, 124
Accelerator Control Systems, 135 Passenger Car Brake Systems, 202 Head
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention,
216 Roof Crush Resistance, and 219 Windshield Zone Intrusion.
Petitioner further contends that the vehicles are capable of being
altered to meet the following standards, in the manner indicated:
Standard No. 101 Controls and Displays: (a) inscription of the word
``Brake'' and a seat belt warning symbol on the dash; and (b)
modification of the speedometer to read in miles per hour.
Standard No. 102 Transmission Shift Lever Sequence: inscription of
[[Page 17986]]
shift sequence markings on the instrument cluster.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) replacement or modification of the headlamps; (b)
installation of side marker lamps; and (c) installation of turn signal
lamps. The petition does not describe the headlamp modifications. G&K
is claiming confidentiality with respect to some of these
modifications.
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 face of the passenger side rearview mirror.
Standard No. 114 Theft Protection: modification of the key locking
system and installation of a supplemental key warning buzzer system to
meet the requirements of this standard. The petition does not describe
these modifications. G&K is claiming confidentiality with respect to
these modifications.
Standard No. 201 Occupant Protection in Interior Impact:
replacement of interior components with components fabricated by, and
available only through, G&K. The petition does not describe these
components or their manner of installation. G&K is claiming
confidentiality with respect to these modifications.
Standard No. 208 Occupant Crash Protection: installation of
supplemental wiring and replacement of the driver's seat belt buckle
assembly to comply with the seat belt warning requirements of this
standard.
Standard No. 209 Seat Belt Assemblies: replacement of the driver's
seat belt buckle assembly with one that conforms to the requirements of
Standards No. 208 and 209.
Standard No. 214 Side Impact Protection: modification of the
vehicles through the installation of components available only from
G&K. The petition does not describe these modifications. G&K is
claiming confidentiality with respect to these modifications.
Standard No. 225 Child Restraint Anchorage Systems: installation of
a tether anchorage behind the passenger seat on coupe models.
Standard No. 301 Fuel System Integrity: modification of the fuel
system through the installation of three components and associated
attachment hardware available only from G&K. The petition does not
describe these modifications. G&K is claiming confidentiality with
respect to these modifications.
Standard No. 302 Flammability of Interior Materials: treatment of
interior materials and components covered by the standard. G&K is
claiming confidentiality with respect to these modifications.
The petitioner states that a vehicle identification number plate
must be affixed to the vehicles to meet the requirements of 49 CFR Part
565. The petitioner further states that a certification label must be
affixed to the driver's doorjamb to meet the requirements of 49 CFR
Part 567.
Additionally, petitioner states components available only from G&K
will be installed on the vehicle to comply with the Bumper Standard
found in 49 CFR Part 581. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW.,
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. 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 3, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-6510 Filed 4-9-07; 8:45 am]
BILLING CODE 4910-59-P