Notice of Receipt of Petition for Decision That Nonconforming 2005 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) Passenger Cars Are Eligible for Importation, 32701-32702 [05-11009]
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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–21334]
Notice of Receipt of Petition for
Decision That Nonconforming 2005
Smart Car Passion, Pulse, and Pure
(Coupe and Cabriolet) Passenger Cars
Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT
ACTION: Notice of receipt of petition for
decision that nonconforming 2005
Smart Car Passion, Pulse, and Pure
(coupe and cabriolet) passenger cars are
eligible for importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2005 Smart
Car Passion, Pulse, and Pure (coupe and
cabriolet) 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 they have safety features that
comply with, or are capable of being
altered to comply with, all such
standards.
The closing date for comments
on the petition is July 5, 2005.
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 am to
5 pm]. 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 https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
DATES:
Background
Under 49 U.S.C. 30141(a)(1)(B), a
motor vehicle that was not originally
manufactured to conform to all
applicable Federal motor vehicle safety
standards, and has no substantially
similar U.S.-certified counterpart, shall
be refused admission into the United
States unless NHTSA has decided that
VerDate jul<14>2003
18:03 Jun 02, 2005
Jkt 205001
the motor vehicle has safety features
that comply with, or are capable of
being altered to comply with, all
applicable Federal motor vehicle safety
standards based on destructive test data
or such other evidence as 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 2005 Smart Car Passion,
Pulse, and Pure (coupe and cabriolet)
passenger cars are eligible for
importation into the United States. In its
petition, G&K noted that NHTSA has
granted import eligibility to 2002–2004
Smart Car Passion, Pulse, and Pure
(coupe and cabriolet) passenger cars,
that they claim are identical to the 2005
Smart Car Passion, Pulse, and Pure
(coupe and cabriolet) passenger cars that
are the subject of this petition. In their
petition for the 2002–2004 vehicles the
petitioner claimed that the vehicles
were capable of being altered to comply
with all applicable FMVSS (see NHTSA
docket no. NHTSA–2003–1401).
Because those vehicles were not
manufactured for importation into and
sale in the United States, and were not
certified by their original manufacturer
(Daimler Benz), as conforming to all
applicable FMVSS, they cannot be
categorized as ‘‘substantially similar’’ to
the 2002–2004 versions 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 2002–2004
vehicle eligibility decision; and upon
the contention that the 2005 model
vehicles differ from the 2002–2004
models only in that they were
manufactured as 2005 model vehicles.
G&K contends that nonconforming
2005 Smart Car Passion, Pulse, and Pure
(coupe and cabriolet) passenger cars are
eligible for importation under 49 U.S.C.
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
32701
30141(a)(1)(B) because they have safety
features that comply with, or are
capable of being altered to comply with,
all applicable Federal motor vehicle
safety standards.
Specifically, the petitioner claims that
2005 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 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
markers; and (c) installation of turn
signal lamps to meet the standard. 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
E:\FR\FM\03JNN1.SGM
03JNN1
32702
Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Notices
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 vehicles’
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 with material available
only from G&K. 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 am to
5 pm]. 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.
Harry Thompson,
Chief, Vehicle Crash Avoidance Division,
Office of Vehicle Safety Compliance.
[FR Doc. 05–11009 Filed 6–2–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Delays in Processing of
Exemption Applications
Pipeline and Hazardous
Materials Safety Administration, DOT.
AGENCY:
Application No.
13183–N
13188–N
13281–N
13295–N
13309–N
13266–N
13422–N
13314–N
13341–N
14037–N
14038–N
14010–N
13999–N
14008–N
13958–N
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VerDate jul<14>2003
List of Applications delayed
more than 180 days.
ACTION:
SUMMARY: In accordance with the
requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list
of exemption applications that have
been in process for 180 days or more.
The reason(s) for delay and the expected
completion date for action on each
application is provided in association
with each identified application.
FOR FURTHER INFORMATION CONTACT:
Delmer Billings, Office of Hazardous
Materials Exemptions and Approvals,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001, (202)
366–4535.
Key to ‘‘Reason for Delay’’
1. Awaiting additional information
from applicant.
2. Extensive public comment under
review.
3. Application is technically complex
and is of significant impact or
precedent-setting and requires extensive
analysis.
4. Staff review delayed by other
priority issues or volume of exemption
applications.
Meaning of Application Number
Suffixes
N—New application.
M—Modification request.
PM—Party to application with
modification request.
Issued in Washington, DC, on May 27,
2005.
R. Ryan Posten,
Exemptions Program Officer, Office of
Hazardous Materials Safety Exemptions &
Approvals.
Reason for
delay
Applicant
New Exemption Applications
Becton Dickinson, Sandy, UT .......................................................................................
General Dynamics, Lincoln, NE ....................................................................................
The Dow Chemical Company, Midland, MI ..................................................................
Taylor-Wharton, Harrisburg, PA ....................................................................................
OPW Engineered Systems, Lebanon, OH ...................................................................
Luxfer Gas Cylinders, Riverside, CA ............................................................................
Puritan Bennett, Plainfield, IN .......................................................................................
Sunoco Inc., Philadelphia, PA ......................................................................................
National Propane Gas Association, Washington, DC ..................................................
Air Products & Chemicals, Inc., Allentown, PA ............................................................
Dow Chemical Company, Midland, MI .........................................................................
Varsal, LLC, Warminster, PA ........................................................................................
Kompozit-Praha s.r.o., Dysina u Plzne, Czech Republic, CZ ......................................
Air Products & Chemicals, Inc., Allentown, PA ............................................................
Department of Defense, Fort Eustis, VA ......................................................................
18:03 Jun 02, 2005
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Estimated date of
completion
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4
4
4
4
4
3
4
1
4
1
4
4
4
1
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
06–30–2005
]]>Agencies
[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Pages 32701-32702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11009]
[[Page 32701]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2005-21334]
Notice of Receipt of Petition for Decision That Nonconforming
2005 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) Passenger
Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT
ACTION: Notice of receipt of petition for decision that nonconforming
2005 Smart Car Passion, Pulse, and Pure (coupe and cabriolet) passenger
cars are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2005 Smart Car Passion, Pulse, and Pure (coupe and cabriolet) 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 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 July 5, 2005.
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 am to
5 pm]. 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
https://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)(B), a motor vehicle that was not
originally manufactured to conform to all applicable Federal motor
vehicle safety standards, and has no substantially similar U.S.-
certified counterpart, shall be refused admission into the United
States unless NHTSA has decided that the motor vehicle has safety
features that comply with, or are capable of being altered to comply
with, all applicable Federal motor vehicle safety standards based on
destructive test data or such other evidence as 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 2005 Smart Car Passion, Pulse, and Pure (coupe and
cabriolet) passenger cars are eligible for importation into the United
States. In its petition, G&K noted that NHTSA has granted import
eligibility to 2002-2004 Smart Car Passion, Pulse, and Pure (coupe and
cabriolet) passenger cars, that they claim are identical to the 2005
Smart Car Passion, Pulse, and Pure (coupe and cabriolet) passenger cars
that are the subject of this petition. In their petition for the 2002-
2004 vehicles the petitioner claimed that the vehicles were capable of
being altered to comply with all applicable FMVSS (see NHTSA docket no.
NHTSA-2003-1401). Because those vehicles were not manufactured for
importation into and sale in the United States, and were not certified
by their original manufacturer (Daimler Benz), as conforming to all
applicable FMVSS, they cannot be categorized as ``substantially
similar'' to the 2002-2004 versions 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 2002-2004
vehicle eligibility decision; and upon the contention that the 2005
model vehicles differ from the 2002-2004 models only in that they were
manufactured as 2005 model vehicles.
G&K contends that nonconforming 2005 Smart Car Passion, Pulse, and
Pure (coupe and cabriolet) passenger cars 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 Federal motor vehicle safety standards.
Specifically, the petitioner claims that 2005 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
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 markers; and (c) installation of turn signal lamps
to meet the standard. 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
[[Page 32702]]
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
vehicles' 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 with material
available only from G&K. 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 am to 5 pm]. 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.
Harry Thompson,
Chief, Vehicle Crash Avoidance Division, Office of Vehicle Safety
Compliance.
[FR Doc. 05-11009 Filed 6-2-05; 8:45 am]
BILLING CODE 4910-59-P
