[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Notices]
[Page 35541-35542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn07-130]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28531]
Notice of Receipt of Petition for Decision That Nonconforming
2004 Hyundai XG350 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2004 Hyundai XG350 passenger cars 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
2004 Hyundai XG350 passenger cars 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 (1)
They are substantially similar to vehicles that were originally
manufactured for 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 July 30, 2007.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., 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
[[Page 35542]]
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.
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.
Barry W. Taylor Enterprises, Inc., of Richmond, California
(``BTE'') (Registered Importer 01-280) has petitioned NHTSA to decide
whether nonconforming 2004 Hyundai XG350 passenger cars are eligible
for importation into the United States. The vehicles which BTE believes
are substantially similar are 2004 Hyundai XG350 passenger cars that
were manufactured for importation into, and sale in, the United States
and certified by their manufacturer as conforming to all applicable
FMVSS.
The petitioner claims that it compared non-U.S. certified 2004
Hyundai XG350 passenger cars to their U.S.-certified counterparts, and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
BTE submitted information with its petition intended to demonstrate
that non-U.S. certified 2004 Hyundai XG350 passenger cars, as
originally manufactured, conform to many FMVSS 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 2004
Hyundai XG350 passenger cars are identical to their U.S. certified
counterparts with respect to compliance with Standard Nos. 102
Transmission Shift Lever Sequence, Starter Interlock, and Transmission
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New
Pneumatic Tires, 110 Tire Selection and Rims, 113 Hood Latch System,
114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power-
Operated Window, Partition, and Roof Panel Systems, 124 Accelerator
Control Systems, 135 Passenger Car Brake 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, 208 Occupant Crash
Protection, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield
Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System
Integrity, 302 Flammability of Interior Materials, and 401 Interior
Trunk Release.
In addition, the petitioner claims that the vehicles comply with
the Bumper Standard found in 49 CFR Part 581.
The 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: installation of a U.S.-
model instrument cluster.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of U.S.-certified model (a) front and rear
side-mounted marker lamps; and (b) high-mounted stoplamp.
Standard No. 111 Rearview Mirrors: Installation of a U.S.-model
passenger side rearview mirror, or inscription of the required warning
statement on the face of that mirror.
Standard No. 209 Seat Belt Assemblies: Installation of U.S.-
certified model seat belt assemblies.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.].
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: June 22, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-12575 Filed 6-27-07; 8:45 am]
BILLING CODE 4910-59-P