Notice of Receipt of Petition for Decision That Nonconforming 2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) Passenger Cars Manufactured Prior to September 1, 2006 Are Eligible for Importation, 77245-77246 [E5-8089]
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Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Notices
or fire. In another incident, the only
incident where a fire was alleged, the
complainant reported that no fluid leak
was observed, but that a fire resulted
after the spark plug had ejected from the
engine and he had restarted the vehicle
and driven to another location. None of
the complainants reported any damage
to the vehicle hood.
(6) Only two complainants reported
that they observed what appeared to be
some drops of fuel coming from the
cylinder where the spark plug had failed
or on the spark plug itself; however,
each of these complainants reported that
there was no smoke or flames as a result
of his incident.
In addition to its complaint analysis,
ODI also examined a subject vehicle
containing the alleged defect and
observed the following:
(1) One of the spark plugs was
detached from the cylinder threads.
(2) The bracket securing the ignition
coil and spark plug assembly was
broken and when the engine was
running, the ignition coil, which was
still attached to the engine via its wire
harness, would move up and down
within the cylinder.
(3) When the engine was running a
loud popping or clicking noise was
heard.
(4) No fluid leaks or fuel rail, smoke
or flame damage was observed.
As the petitioner noted and ODI’s
analysis showed, it is possible for a
spark plug to detach from the engine
cylinder threads in the subject vehicles.
However, ODI’s analysis of 474
complaints describing such incidents
found only a very few alleged any
safety-related consequences. None of
these showed any evidence of a serious
safety consequence. Given the large
population and relatively long exposure
time of the subject vehicles, the
complaint analysis indicates that the
risk to motor vehicle safety from the
alleged defect is very low.
In view of the foregoing, it is unlikely
that the NHTSA would issue an order
for the notification and remedy of the
alleged defect as defined by Mr. Donald
Ricketts, on behalf of the ‘‘Petitioners,’’
at the conclusion of the investigation
requested in the petition. Therefore, in
view of the need to allocate and
prioritize the NHTSA’s limited
resources to best accomplish the
agency’s safety mission, the petition is
denied.
Authority: 49 U.S.C. 30162(d); delegations
of authority at CFR 1.50 and 501.8.
VerDate Aug<31>2005
18:56 Dec 28, 2005
Jkt 208001
Issued on: December 22, 2005.
Daniel Smith,
Associate Administrator for Enforcement.
[FR Doc. E5–8072 Filed 12–28–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–23391]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
Smart Car Passion, Pulse, and Pure
(Coupe and Cabriolet) Passenger Cars
Manufactured Prior to September 1,
2006 Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006
Smart Car Passion, Pulse, and Pure
(Coupe and Cabriolet) passenger cars
manufactured prior to September 1,
2006, 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 2006 Smart
Car Passion, Pulse, and Pure (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 January 30, 2006.
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 https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
77245
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 2006 Smart Car Passion,
Pulse, and Pure (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 2002–2004
and 2005 Smart Car Passion, Pulse, and
Pure (Coupe and Cabriolet) passenger
cars that G&K claims are identical to the
2006 Smart Car Passion, Pulse, and Pure
(Coupe and Cabriolet) passenger cars
that are the subject of this petition. In
its petitions for the 2002–2004 and 2005
vehicles, the petitioner claimed that the
vehicles were capable of being altered to
comply with all applicable FMVSS (see
NHTSA Docket Nos. NHTSA–2003–
1401 and NHTSA–2005–21334).
Because those vehicles were not
E:\FR\FM\29DEN1.SGM
29DEN1
wwhite on PROD1PC65 with NOTICES
77246
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Notices
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 2006 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 2002–2004
vehicle eligibility decision; and upon
the contention that the 2006 model
vehicles differ from the 2002–2004 and
2005 models only in that they were
manufactured as 2006 model vehicles.
G&K contends that nonconforming
2006 Smart Car Passion, Pulse, and Pure
(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
2006 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. The petition does not
describe the headlamp modifications.
VerDate Aug<31>2005
18:56 Dec 28, 2005
Jkt 208001
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 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. 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
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
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.
Claude H. Harris,
Director, Office of Vehicle, Safety
Compliance.
[FR Doc. E5–8089 Filed 12–28–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–23434]
Notice of Receipt of Petition for
Decision that Nonconforming 2005
Heku 750kg Boat Trailers Are Eligible
for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2005 Heku
750kg boat trailers 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 Heku
750kg boat trailers that were not
originally manufactured to comply with
all applicable Federal motor vehicle
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77245-77246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8089]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2005-23391]
Notice of Receipt of Petition for Decision That Nonconforming
2006 Smart Car Passion, Pulse, and Pure (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
2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger
cars manufactured prior to September 1, 2006, are eligible for
importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2006 Smart Car Passion, Pulse, and Pure (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 January 30,
2006.
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
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)(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 2006 Smart Car Passion, Pulse, and Pure (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 2002-2004 and 2005
Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger cars
that G&K claims are identical to the 2006 Smart Car Passion, Pulse, and
Pure (Coupe and Cabriolet) passenger cars that are the subject of this
petition. In its petitions for the 2002-2004 and 2005 vehicles, the
petitioner claimed that the vehicles were capable of being altered to
comply with all applicable FMVSS (see NHTSA Docket Nos. NHTSA-2003-1401
and NHTSA-2005-21334). Because those vehicles were not
[[Page 77246]]
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 2006 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 2002-2004 vehicle eligibility decision; and upon
the contention that the 2006 model vehicles differ from the 2002-2004
and 2005 models only in that they were manufactured as 2006 model
vehicles.
G&K contends that nonconforming 2006 Smart Car Passion, Pulse, and
Pure (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 2006 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. 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
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. 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.
Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E5-8089 Filed 12-28-05; 8:45 am]
BILLING CODE 4910-59-P
