Decision That Nonconforming 2002 Through 2004 Smart Car Fortwo Coupe and Cabriolet (Including Trim Levels Passion, Pulse and Pure) Passenger Cars Are Eligible for Importation, 41509-41513 [E6-11634]
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Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Notices
and RTD do the following: (1) Extend an
invitation to other Federal and nonFederal agencies and Indian tribes that
may have an interest in the proposed
project to become ‘‘participating
agencies,’’ (2) provide an opportunity
for involvement by participating
agencies and the public in helping to
define the purpose and need for a
proposed project, as well as the range of
alternatives for consideration in the
impact statement, and (3) establish a
plan for coordinating public and agency
participation in and comment on the
environmental review process. An
invitation to become a participating
agency, with the scoping information
packet appended, will be extended to
other Federal and non-Federal agencies
and Indian tribes that may have an
interest in the proposed project. It is
possible that we may not be able to
identify all Federal and non-Federal
agencies and Indian tribes that may
have such an interest. Any Federal or
non-Federal agency or Indian tribe
interested in the proposed project that
does not receive an invitation to become
a participating agency should notify at
the earliest opportunity the Project
Manager identified above under
ADDRESSES.
A comprehensive public involvement
program will be developed and a public
and agency involvement Coordination
Plan will be created. The program will
include outreach to local and county
officials and community and civic
groups; a public scoping process to
define the issues of concern among all
parties interested in the project;
organizing periodic meetings with
various local agencies, organizations
and committees; a public hearing on
release of the draft environmental
impact statement (DEIS); and
development and distribution of project
newsletters.
The purposes of and need for the
proposed project have been
preliminarily identified in this notice.
We invite the public and participating
agencies to consider the preliminary
statement of purposes of and need for
the proposed project, as well as the
alternatives proposed for consideration.
Suggestions for modifications to the
statement of purposes of and need for
the proposed project and any other
alternatives that meet the purposes of
and need for the proposed project are
welcomed and will be given serious
consideration. Comments on potentially
significant environmental impacts that
may be associated with the proposed
project and alternatives are also
welcomed. There will be additional
opportunities to participate in the
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scoping process at the public meetings
announced in this notice.
In accordance with 23 CFR 771.105(a)
and 771.133, FTA will comply with all
Federal environmental laws,
regulations, and executive orders
applicable to the proposed project
during the environmental review
process to the maximum extent
practicable. These requirements
include, but are not limited to, the
regulations of the Council on
Environmental Quality and FTA
implementing NEPA (40 CFR parts
1500–1508, and 23 CFR part 771), the
project-level air quality conformity
regulation of the U.S. Environmental
Protection Agency (EPA) (40 CFR part
93), the section 404(b)(1) guidelines of
EPA (40 CFR part 230), the regulation
implementing section 106 of the
National Historic Preservation Act (36
CFR part 800), the regulation
implementing section 7 of the
Endangered Species Act (50 CFR part
402), section 4(f) of the DOT Act (23
CFR 771.135), and Executive Orders
12898 on environmental justice, 11988
on floodplain management, and 11990
on wetlands.
In accordance with 36 CFR 800.8(c),
RTD will utilize the NEPA/Section 106
merger process for documentation to
comply with section 106. RTD will
utilize the Memorandum of Agreement
between the FTA, Region VIII and the
U.S. Army Corps of Engineers (USACE),
dated January, 2006 for documentation
to comply with section 404 mandates.
In addition, RTD may seek Section
5309 New Starts funding for the project.
As provided in the FTA New Starts
regulation (49 CFR part 611), New Starts
funding requires the submission of
certain specific information to FTA to
support a request to initiate preliminary
engineering, which is normally done in
conjunction with the NEPA process.
Issued on: July 13, 2006.
Lee O. Waddleton,
Regional Administrator, Region VIII, Federal
Transit Administration.
[FR Doc. E6–11629 Filed 7–20–06; 8:45 am]
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41509
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket Nos. NHTSA–2003–15428 and
NHTSA–2003–16401]
Decision That Nonconforming 2002
Through 2004 Smart Car Fortwo Coupe
and Cabriolet (Including Trim Levels
Passion, Pulse and Pure) Passenger
Cars Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of decision by the
National Highway Traffic Safety
Administration that nonconforming
2002 through 2004 Smart Car Fortwo
Coupe and Cabriolet (including trim
levels Passion, Pulse and Pure)
passenger cars are eligible for
importation.
AGENCY:
SUMMARY: This notice announces the
decision by NHTSA that 2002 through
2004 Smart Car Fortwo Coupe and
Cabriolet (including trim levels Passion,
Pulse and Pure) passenger cars 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 applicable
FMVSS.
This decision was effective
January 1, 2004. The agency notified the
petitioners at that time that the subject
vehicles are eligible for importation.
This document provides public notice
of the eligibility decision.
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)(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 as required
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.
Where there is no substantially
similar U.S.-certified motor vehicle, 49
U.S.C. 30141(a)(1)(B) permits a
nonconforming motor vehicle to be
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admitted into the United States if its
safety features comply with, or are
capable of being altered to comply with,
all applicable FMVSS based on
destructive test data or such other
evidence that 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.
J.K. Technologies, LLC of Baltimore,
Maryland (‘‘JK’’) (Registered Importer
90–006) and G&K Automotive
Conversion, Inc. of Santa Ana,
California (‘‘G&K’’) (Registered Importer
90–007) separately petitioned NHTSA to
decide whether certain Smart Car
Fortwo Coupe and Cabriolet passenger
cars are eligible for importation into the
United States. NHTSA published notice
of the JK petition on June 20, 2003 (68
FR 37040) and of the G&K petition on
November 3, 2003 (68 FR 62343), to
afford an opportunity for public
comment. The reader is referred to those
notices for a thorough description of the
petitions. After considering the two
petitions, NHTSA decided to issue a
single eligibility decision covering all
vehicle model years and configurations
that were the subject of those petitions.
Two substantive comments were
received in response to the notice
published on the JK petition. No
comments were received in response to
the notice on the G&K petition.
The comments and NHTSA’s analysis
are set forth below for each of the issues
raised in the comments, as well as
issues identified by NHTSA in its
review of the two petitions.
Thomas Heidermann of Smart
Automobile, Inc., through its counsel,
Ginsburg & Hlywa, submitted a
comment contending that JK had failed
to demonstrate that the subject vehicles
comply with, or are capable of being
modified to comply with FMVSS Nos.
108 Lamps, Reflective Devices, and
Associated Equipment, 206 Door Locks
and Door Retention Components, 214
Side Impact Protection, and 301 Fuel
System Integrity. JK filed with the
agency a request for confidentially
under 49 CFR part 512, Confidential
Business Information, seeking to protect
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from public disclosure most of the data,
views and arguments that it had
submitted as part of its petition.
Consequently, test data and reports that
were part of that submission were not
originally posted to the public docket.
After NHTSA’s Office of Chief Counsel
decided to deny confidentially to the
test data and reports submitted by JK for
FMVSS Nos. 108, 206, 214, and 301, as
well as other standards, the materials
were posted to the public docket under
docket number NHTSA–2003–15428.
An anonymous commenter argued
that confidentiality should not be
granted to the test procedures and test
results submitted by JK. As previously
stated, those materials were not
accorded confidentiality by the agency.
Each of the two petitions claimed that
the subject vehicles were originally
manufactured to conform to 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, 202 Head
Restraints, 205 Glazing Materials, 207
Seating Systems, 210 Seat Belt
Assembly Anchorages, 212 Windshield
Retention, and 219 Windshield Zone
Intrusion. NHTSA concluded that
sufficient data, views, and arguments
were submitted in the aggregate by the
two petitioners to establish that the
vehicles do conform to these standards
as originally manufactured.
The two petitions did initially differ
with regard to their claims that the
subject vehicles could be modified to
conform to the standards specified
below. However, sufficient data, views,
and arguments were ultimately
submitted by the two petitioners to
establish in the aggregate that the
vehicles could be modified to conform
to these standards. The differences
between the two petitions, as well as
NHTSA’s analysis of their contents, are
described below with regard to each
standard for which alterations were
identified as being required.
(1) FMVSS No. 101 Controls and
Displays
Alterations identified in JK petition:
(a) Inscription of the word ‘‘Brake’’ on
the dash in place of the international
ECE warning symbol; (b) replacement of
the speedometer with one that reads in
miles per hour. The petitioner stated
that it has fabricated a new instrument
cluster face for the vehicles, available
only through J.K. Technologies, which
will allow the vehicles to achieve
compliance with the standard.
Alterations identified in G&K petition:
(a) Inscription of the word ‘‘Brake’’ and
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a seat belt warning symbol on the dash;
(b) modification of the speedometer to
read in miles per hour. The petitioner
stated that the controls and displays are
visible and accessible to the driver
while restrained by a lap and shoulder
belt, that controls for the headlamps, the
windshield defrosting and defogging
system, and the windshield wiping
system and panel are all identified, and
that all required controls are
illuminated.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(2) FMVSS No. 102 Transmission Shift
Lever Sequence, Starter Interlock, and
Transmission Breaking Effect
Alterations identified in JK petition:
Installation of a redesigned starter
interlock assembly, available only
through J.K. Technologies, which was
designed to allow the vehicles to
comply with Standard No. 114, will also
achieve compliance with Standard No.
102. The petition did not describe how
this assembly was redesigned.
Alterations identified in G&K petition:
Modification of the shift lever markings,
the shift pattern, the starter interlock,
and the automatic transmission braking
effect to achieve compliance with this
standard. The petition did not describe
these modifications, for which G&K
claimed confidentiality.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
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meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(3) FMVSS No. 108 Lamps, Reflective
Devices, and Associated Equipment
Alterations identified in JK petition:
Modification of the headlamp and
marker light systems to meet this
standard. These modifications are not
described in the petition.
Alterations identified in G&K petition:
(a) Modification of the headlamp to
meet the standard and (b) installation of
side markers. The petition did not
describe these modifications, for which
G&K claimed confidentiality. In a letter
to NHTSA dated March 21, 2005, G&K
stated that the headlamps will be
replaced with U.S.-model components
that have been certified as meeting all
applicable requirements of FMVSS No.
108. In a letter dated May 16, 2005, G&K
stated that the turn signal lamps will
also be replaced with U.S.-model
components that have been certified as
meeting all applicable requirements of
the standard.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
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(4) FMVSS No. 110
Rims
Tire Selection and
Alterations identified in JK petition:
Installation of a tire information placard
as part of the certification label to be
affixed to the vehicles upon the
completion of required modifications to
achieve conformity with applicable
standards.
Alterations identified in G&K petition:
Installation of a tire information
placard.
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NHTSA’s Analysis NHTSA has
determined that the installation of a tire
information placard to meet the
requirements of the standard would not
prelude the vehicles from being deemed
eligible for importation.
(5) FMVSS No. 111
Rearview Mirrors
Alterations identified in JK petition:
Replacement of the passenger side
rearview mirror with a mirror fabricated
by, and available only through, J.K.
Technologies, which will have the
required warning statement on the
mirror’s face.
Alterations identified in G&K petition:
Inscription of the required warning
statement on the face of the passenger
side rearview mirror.
NHTSA’s Analysis
NHTSA has determined that the
installation of a replacement passenger
side mirror or the modification of the
existing mirror to meet the requirements
of the standard would not prelude the
vehicles from being deemed eligible for
importation.
(6) FMVSS No. 114
Theft Protection
Alterations identified in JK petition:
Installation of a redesigned starter
interlock assembly to meet this
standard. The petition did not describe
how the assembly was redesigned.
Alterations identified in G&K petition:
Modification of the key locking system
to meet this standard. The petition did
not describe these modifications, for
which G&K claimed confidentiality.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(7) FMVSS No. 135
Brake Systems
Passenger Car
JK petition: The vehicles conform to
the standard as manufactured.
Alterations identified in G&K petition:
Modification of the hydraulic brake
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system and the parking brake system
through the installation of components
available only from G&K. The petition
did not describe these modifications, for
which G&K claimed confidentiality. In a
letter dated March 21, 2005, G&K stated
that no modifications were made to the
vehicle prior to its FMVSS No. 135
testing.
NHTSA’s Analysis
NHTSA has concluded that the
subject vehicles were shown to meet the
requirements of the standard as
originally manufactured.
(8) FMVSS No. 201 Occupant
Protection in Interior Impact
Alterations identified in JK petition:
Replacement of interior components
with components fabricated by, and
available only through, J.K.
Technologies. JK claimed
confidentiality with respect to these
modifications.
Alterations identified in G&K petition:
Replacement of interior components
with components fabricated by, and
available only through, G&K. The
petition did not describe these
components or their manner of
installation. G&K claimed
confidentiality with respect to these
modifications.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(9) FMVSS No. 204 Steering Control
Rearward Displacement
Alterations identified in JK petition:
Modification of the steering shaft to
meet the standard. This modification is
not described in the petition.
G&K petition: The vehicles must be
modified to meet the standard. The
petition did not describe these
modifications, for which G&K claimed
confidentiality. In a letter dated March
21, 2005, G&K stated that no
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modifications were made to the vehicle
prior to its FMVSS No. 204 testing.
(12) FMVSS No. 209
Assemblies
NHTSA’s Analysis
Alterations identified in JK petition:
Modification of the seat belt systems to
accommodate a seat belt switch. This
modification was not described in the
petition.
Alterations identified in G&K petition:
Modification of the seat belt systems to
meet this standard. The petition did not
describe the modification, for which
G&K claimed confidentiality.
NHTSA concluded that the subject
vehicles were shown to meet the
requirements of the standard as
originally manufactured.
(10) FMVSS No. 206 Door Locks and
Door Retention Components
JK petition: The vehicle conforms to
the standard as originally manufactured.
Alterations identified in G&K petition:
Modification of the door locks and door
retention components to meet the
standard. The petition did not describe
these modifications, for which G&K
claimed confidentiality. In a letter dated
March 21, 2005, G&K stated that no
modifications were made to the vehicle
prior to its FMVSS No. 206 testing.
NHTSA’s Analysis
NHTSA concluded that the subject
vehicles were shown to meet the
requirements of the standard as
originally manufactured.
(11) FMVSS No. 208
Protection
Occupant Crash
Alterations identified in JK petition:
The vehicles must be modified to meet
this standard. These modifications were
not described in the petition.
Alterations identified in G&K petition:
The vehicles must be modified to meet
this standard. The petition did not
describe these modifications, for which
G&K claimed confidentiality. In a letter
dated March 21, 2005, G&K stated that
the air bags were not removed or
replaced prior to its FMVSS No. 208
testing.
rwilkins on PROD1PC63 with NOTICES_1
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
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Seat Belt
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(13) FMVSS No. 214
Protection
Side Impact
Alterations identified in JK petition:
Modification of the vehicles’ A-pillars,
B-pillars, and doors. These
modifications are not described in the
petition.
Alterations identified in G&K petition:
Modification of the vehicles through the
installation of components available
only from G&K. The petition did not
describe the modifications, for which
G&K claimed confidentiality.
NHTSA’s Analysis
The modifications that JK and G&K
identified as needed to conform the
vehicles to the standard would not
prelude the vehicles from being deemed
eligible for importation. Conformity
packages submitted for vehicles
imported under the decision must
demonstrate that the vehicle is
equipped with components that allow it
to achieve compliance with the
standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
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Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(14) FMVSS No. 216
Resistance
Roof Crush
JK petition: The vehicles conform to
this standard as originally
manufactured.
Alterations identified in G&K petition:
The vehicles must be modified to meet
this standard. The petition did not
describe these modifications, for which
G&K claimed confidentiality. In a letter
dated March 21, 2005, G&K stated that
no modifications were made to the
vehicle prior to FMVSS No. 216 testing.
NHTSA’s Analysis
NHTSA has concluded that the
subject vehicles were shown to meet the
requirements of the standard as
originally manufactured.
(15) FMVSS No. 225
Anchorage Systems
Child Restraint
JK petition: The petition did not
identify any modifications required to
conform the vehicles to the standard.
Alterations identified in G&K petition:
Installation of a U.S.-model tether
anchorage behind the passenger seat on
coupe models is needed to achieve
conformity.
NHTSA’s Analysis
The modifications that G&K identified
as needed to conform the vehicles to the
standard would not prelude the vehicles
from being deemed eligible for
importation. Conformity packages
submitted for vehicles imported under
the decision must demonstrate that the
vehicle is equipped with components
that allow it to achieve compliance with
the standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(16) FMVSS No. 301
Integrity
Fuel System
Alterations identified in JK petition:
Modification of the vehicles’ fuel system
to meet this standard. JK stated that fuel
spillage problems are controlled by the
evaporative and ORVR systems, which
have a rollover and check valve
incorporated into their design and have
been proven in testing.
Alterations identified in G&K petition:
Modification of the vehicles’ fuel system
through the installation of components
available only from G&K. The petition
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did not describe these modifications, for
which G&K claimed confidentiality.
NHTSA’s Analysis
The modifications identified as
needed to conform the vehicles to the
standard would not prelude the vehicle
from being deemed eligible for
importation. Conformity packages
submitted for vehicles imported under
the decision must demonstrate that the
vehicle is equipped with components
that allow it to achieve compliance with
the standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
(17) FMVSS No. 302
Interior Materials
Flammability of
NHTSA’s Analysis
The modifications that G&K identified
as needed to conform the vehicles to the
standard would not prelude the vehicles
from being deemed eligible for
importation. Conformity packages
submitted for vehicles imported under
the decision must demonstrate that the
vehicle is equipped with components
that allow it to achieve compliance with
the standard. Any modification or
replacement of components necessary to
meet the requirements of the standard
must be shown to bring the vehicle into
compliance. Such proof must be
submitted by an RI as part of any
conformity package submitted for
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
passenger cars.
rwilkins on PROD1PC63 with NOTICES_1
NHTSA’s Analysis
DEPARTMENT OF TRANSPORTATION
The modifications that G&K identified
as needed to conform the vehicles to the
standard would not prelude the vehicles
from being deemed eligible for
importation. The agency notes that
Bumper Standard compliance issues are
not directly relevant to an import
eligibility decision, as such a decision is
to be based on the capability of a nonU.S. certified vehicle to be altered to
conform to the FMVSS, and the Bumper
Standard is not an FMVSS. However,
because a vehicle that is not originally
manufactured to comply with the
Bumper Standard must be modified to
comply with the standard before it can
be admitted permanently into the
United States, conformance with the
Bumper Standard must be shown in the
conformity package submitted to
NHTSA to allow release of the DOT
conformance bond furnished at the time
of vehicle importation.
Surface Transportation Board
Conclusion
JK petition: The vehicles conform to
the standard as originally manufactured.
Alterations identified in G&K petition:
Interior materials and components
covered by the standard must be treated
with a product available only from G&K.
G&K claimed confidentiality with
respect to these modifications.
In view of the above considerations,
NHTSA decided to grant the petitions.
Vehicle Eligibility Number for Subject
Vehicles
The importer of a vehicle admissible
under any final decision must indicate
on the form HS–7 accompanying entry
the appropriate vehicle eligibility
number indicating that the vehicle is
eligible for entry. VCP–27 is the vehicle
eligibility number assigned to
nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet
(including trim levels Passion, Pulse
and Pure) passenger cars admissible
under this notice of final decision.
Final Decision
Accordingly, on the basis of the
foregoing, NHTSA decided that 2002
through 2004 Smart Car Fortwo Coupe
and Cabriolet (including trim levels
Passion, Pulse and Pure) 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
(10) 49 CFR Part 581 Bumper Standard that comply with, or are capable of
being altered to comply with, all
Alterations identified in JK petition:
applicable Federal motor vehicle safety
Modification of the bumper system to
standards.
comply with the Bumper Standard
Authority: 49 U.S.C. 30141(a)(1)(A) and
found in 49 CFR part 581. The petition
(b)(1); 49 CFR 593.8; delegations of authority
did not describe the modifications.
at 49 CFR 1.50 and 501.8.
Alterations identified in G&K petition:
Claude H. Harris,
Modification of the bumper system
Director, Office of Vehicle Safety Compliance.
through installation of components
[FR Doc. E6–11634 Filed 7–20–06; 8:45 am]
available only from G&K. The petition
did not describe the modifications.
BILLING CODE 4910–59–P
VerDate Aug<31>2005
17:59 Jul 20, 2006
Jkt 208001
41513
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Frm 00099
Fmt 4703
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Notice and Request for Comments
Notice and request for
comments.
ACTION:
SUMMARY: The Surface Transportation
Board (Board), as part of its continuing
effort to reduce paperwork burdens, and
as required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501 et seq.
(PRA), gives notice that the Board will
seek from the Office of Management and
Budget (OMB) an extension of approval
for the currently approved collection of
rail system diagram maps. The Board is
seeking comments from rail carriers that
have recently filed amended or new
system diagram maps (or, in the case of
small carriers, the alternative narrative
description of rail system) concerning
(1) whether the particular collection of
information is necessary for the proper
performance of the functions of the
Board, including whether the collection
has practical utility; (2) the accuracy of
the Board’s burden estimates; (3) ways
to enhance the quality, utility, and
clarity of the information collected; and
(4) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology
when appropriate. Submitted comments
will be summarized and included in the
Board’s request for OMB approval.
Description of Collection
Title: System Diagram Maps.
OMB Control Number: 2140–0003.
Form Number: None.
Type of Review: Extension without
change.
Respondents: Common carrier freight
railroads that are either new or reporting
changes in the status of one or more of
their rail lines.
Number of Respondents: 4.
Estimated Time per Response: 4.5
hours, based on average time reported in
informal survey of respondents
conducted in 2003.
Frequency of Response: 1.
Total Annual Burden Hours: 18
hours.
Total Annual ‘‘Non-Hour Burden’’
Cost: None have been identified.
Needs and Uses: Under 49 CFR
1152.10–1152.13, all railroads subject to
the Board’s jurisdiction are required to
keep current system diagram maps on
file, or alternatively in the case of a
Class III carrier (a carrier with assets of
not more than $20 million in 1991
dollars), to submit the same information
in narrative form. The information
E:\FR\FM\21JYN1.SGM
21JYN1
]]>Agencies
[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Notices]
[Pages 41509-41513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11634]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket Nos. NHTSA-2003-15428 and NHTSA-2003-16401]
Decision That Nonconforming 2002 Through 2004 Smart Car Fortwo
Coupe and Cabriolet (Including Trim Levels Passion, Pulse and Pure)
Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by the National Highway Traffic Safety
Administration that nonconforming 2002 through 2004 Smart Car Fortwo
Coupe and Cabriolet (including trim levels Passion, Pulse and Pure)
passenger cars are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This notice announces the decision by NHTSA that 2002 through
2004 Smart Car Fortwo Coupe and Cabriolet (including trim levels
Passion, Pulse and Pure) passenger cars 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 applicable FMVSS.
DATES: This decision was effective January 1, 2004. The agency notified
the petitioners at that time that the subject vehicles are eligible for
importation. This document provides public notice of the eligibility
decision.
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 as required 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.
Where there is no substantially similar U.S.-certified motor
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle
to be
[[Page 41510]]
admitted into the United States if its safety features comply with, or
are capable of being altered to comply with, all applicable FMVSS based
on destructive test data or such other evidence that 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.
J.K. Technologies, LLC of Baltimore, Maryland (``JK'') (Registered
Importer 90-006) and G&K Automotive Conversion, Inc. of Santa Ana,
California (``G&K'') (Registered Importer 90-007) separately petitioned
NHTSA to decide whether certain Smart Car Fortwo Coupe and Cabriolet
passenger cars are eligible for importation into the United States.
NHTSA published notice of the JK petition on June 20, 2003 (68 FR
37040) and of the G&K petition on November 3, 2003 (68 FR 62343), to
afford an opportunity for public comment. The reader is referred to
those notices for a thorough description of the petitions. After
considering the two petitions, NHTSA decided to issue a single
eligibility decision covering all vehicle model years and
configurations that were the subject of those petitions.
Two substantive comments were received in response to the notice
published on the JK petition. No comments were received in response to
the notice on the G&K petition.
The comments and NHTSA's analysis are set forth below for each of
the issues raised in the comments, as well as issues identified by
NHTSA in its review of the two petitions.
Thomas Heidermann of Smart Automobile, Inc., through its counsel,
Ginsburg & Hlywa, submitted a comment contending that JK had failed to
demonstrate that the subject vehicles comply with, or are capable of
being modified to comply with FMVSS Nos. 108 Lamps, Reflective Devices,
and Associated Equipment, 206 Door Locks and Door Retention Components,
214 Side Impact Protection, and 301 Fuel System Integrity. JK filed
with the agency a request for confidentially under 49 CFR part 512,
Confidential Business Information, seeking to protect from public
disclosure most of the data, views and arguments that it had submitted
as part of its petition. Consequently, test data and reports that were
part of that submission were not originally posted to the public
docket. After NHTSA's Office of Chief Counsel decided to deny
confidentially to the test data and reports submitted by JK for FMVSS
Nos. 108, 206, 214, and 301, as well as other standards, the materials
were posted to the public docket under docket number NHTSA-2003-15428.
An anonymous commenter argued that confidentiality should not be
granted to the test procedures and test results submitted by JK. As
previously stated, those materials were not accorded confidentiality by
the agency.
Each of the two petitions claimed that the subject vehicles were
originally manufactured to conform to 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, 202 Head Restraints, 205
Glazing Materials, 207 Seating Systems, 210 Seat Belt Assembly
Anchorages, 212 Windshield Retention, and 219 Windshield Zone
Intrusion. NHTSA concluded that sufficient data, views, and arguments
were submitted in the aggregate by the two petitioners to establish
that the vehicles do conform to these standards as originally
manufactured.
The two petitions did initially differ with regard to their claims
that the subject vehicles could be modified to conform to the standards
specified below. However, sufficient data, views, and arguments were
ultimately submitted by the two petitioners to establish in the
aggregate that the vehicles could be modified to conform to these
standards. The differences between the two petitions, as well as
NHTSA's analysis of their contents, are described below with regard to
each standard for which alterations were identified as being required.
(1) FMVSS No. 101 Controls and Displays
Alterations identified in JK petition: (a) Inscription of the word
``Brake'' on the dash in place of the international ECE warning symbol;
(b) replacement of the speedometer with one that reads in miles per
hour. The petitioner stated that it has fabricated a new instrument
cluster face for the vehicles, available only through J.K.
Technologies, which will allow the vehicles to achieve compliance with
the standard.
Alterations identified in G&K petition: (a) Inscription of the word
``Brake'' and a seat belt warning symbol on the dash; (b) modification
of the speedometer to read in miles per hour. The petitioner stated
that the controls and displays are visible and accessible to the driver
while restrained by a lap and shoulder belt, that controls for the
headlamps, the windshield defrosting and defogging system, and the
windshield wiping system and panel are all identified, and that all
required controls are illuminated.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(2) FMVSS No. 102 Transmission Shift Lever Sequence, Starter Interlock,
and Transmission Breaking Effect
Alterations identified in JK petition: Installation of a redesigned
starter interlock assembly, available only through J.K. Technologies,
which was designed to allow the vehicles to comply with Standard No.
114, will also achieve compliance with Standard No. 102. The petition
did not describe how this assembly was redesigned.
Alterations identified in G&K petition: Modification of the shift
lever markings, the shift pattern, the starter interlock, and the
automatic transmission braking effect to achieve compliance with this
standard. The petition did not describe these modifications, for which
G&K claimed confidentiality.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to
[[Page 41511]]
meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(3) FMVSS No. 108 Lamps, Reflective Devices, and Associated Equipment
Alterations identified in JK petition: Modification of the headlamp
and marker light systems to meet this standard. These modifications are
not described in the petition.
Alterations identified in G&K petition: (a) Modification of the
headlamp to meet the standard and (b) installation of side markers. The
petition did not describe these modifications, for which G&K claimed
confidentiality. In a letter to NHTSA dated March 21, 2005, G&K stated
that the headlamps will be replaced with U.S.-model components that
have been certified as meeting all applicable requirements of FMVSS No.
108. In a letter dated May 16, 2005, G&K stated that the turn signal
lamps will also be replaced with U.S.-model components that have been
certified as meeting all applicable requirements of the standard.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(4) FMVSS No. 110 Tire Selection and Rims
Alterations identified in JK petition: Installation of a tire
information placard as part of the certification label to be affixed to
the vehicles upon the completion of required modifications to achieve
conformity with applicable standards.
Alterations identified in G&K petition: Installation of a tire
information placard.
NHTSA's Analysis NHTSA has determined that the installation of a tire
information placard to meet the requirements of the standard would not
prelude the vehicles from being deemed eligible for importation.
(5) FMVSS No. 111 Rearview Mirrors
Alterations identified in JK petition: Replacement of the passenger
side rearview mirror with a mirror fabricated by, and available only
through, J.K. Technologies, which will have the required warning
statement on the mirror's face.
Alterations identified in G&K petition: Inscription of the required
warning statement on the face of the passenger side rearview mirror.
NHTSA's Analysis
NHTSA has determined that the installation of a replacement
passenger side mirror or the modification of the existing mirror to
meet the requirements of the standard would not prelude the vehicles
from being deemed eligible for importation.
(6) FMVSS No. 114 Theft Protection
Alterations identified in JK petition: Installation of a redesigned
starter interlock assembly to meet this standard. The petition did not
describe how the assembly was redesigned.
Alterations identified in G&K petition: Modification of the key
locking system to meet this standard. The petition did not describe
these modifications, for which G&K claimed confidentiality.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(7) FMVSS No. 135 Passenger Car Brake Systems
JK petition: The vehicles conform to the standard as manufactured.
Alterations identified in G&K petition: Modification of the
hydraulic brake system and the parking brake system through the
installation of components available only from G&K. The petition did
not describe these modifications, for which G&K claimed
confidentiality. In a letter dated March 21, 2005, G&K stated that no
modifications were made to the vehicle prior to its FMVSS No. 135
testing.
NHTSA's Analysis
NHTSA has concluded that the subject vehicles were shown to meet
the requirements of the standard as originally manufactured.
(8) FMVSS No. 201 Occupant Protection in Interior Impact
Alterations identified in JK petition: Replacement of interior
components with components fabricated by, and available only through,
J.K. Technologies. JK claimed confidentiality with respect to these
modifications.
Alterations identified in G&K petition: Replacement of interior
components with components fabricated by, and available only through,
G&K. The petition did not describe these components or their manner of
installation. G&K claimed confidentiality with respect to these
modifications.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(9) FMVSS No. 204 Steering Control Rearward Displacement
Alterations identified in JK petition: Modification of the steering
shaft to meet the standard. This modification is not described in the
petition.
G&K petition: The vehicles must be modified to meet the standard.
The petition did not describe these modifications, for which G&K
claimed confidentiality. In a letter dated March 21, 2005, G&K stated
that no
[[Page 41512]]
modifications were made to the vehicle prior to its FMVSS No. 204
testing.
NHTSA's Analysis
NHTSA concluded that the subject vehicles were shown to meet the
requirements of the standard as originally manufactured.
(10) FMVSS No. 206 Door Locks and Door Retention Components
JK petition: The vehicle conforms to the standard as originally
manufactured.
Alterations identified in G&K petition: Modification of the door
locks and door retention components to meet the standard. The petition
did not describe these modifications, for which G&K claimed
confidentiality. In a letter dated March 21, 2005, G&K stated that no
modifications were made to the vehicle prior to its FMVSS No. 206
testing.
NHTSA's Analysis
NHTSA concluded that the subject vehicles were shown to meet the
requirements of the standard as originally manufactured.
(11) FMVSS No. 208 Occupant Crash Protection
Alterations identified in JK petition: The vehicles must be
modified to meet this standard. These modifications were not described
in the petition.
Alterations identified in G&K petition: The vehicles must be
modified to meet this standard. The petition did not describe these
modifications, for which G&K claimed confidentiality. In a letter dated
March 21, 2005, G&K stated that the air bags were not removed or
replaced prior to its FMVSS No. 208 testing.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(12) FMVSS No. 209 Seat Belt Assemblies
Alterations identified in JK petition: Modification of the seat
belt systems to accommodate a seat belt switch. This modification was
not described in the petition.
Alterations identified in G&K petition: Modification of the seat
belt systems to meet this standard. The petition did not describe the
modification, for which G&K claimed confidentiality.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(13) FMVSS No. 214 Side Impact Protection
Alterations identified in JK petition: Modification of the
vehicles' A-pillars, B-pillars, and doors. These modifications are not
described in the petition.
Alterations identified in G&K petition: Modification of the
vehicles through the installation of components available only from
G&K. The petition did not describe the modifications, for which G&K
claimed confidentiality.
NHTSA's Analysis
The modifications that JK and G&K identified as needed to conform
the vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(14) FMVSS No. 216 Roof Crush Resistance
JK petition: The vehicles conform to this standard as originally
manufactured.
Alterations identified in G&K petition: The vehicles must be
modified to meet this standard. The petition did not describe these
modifications, for which G&K claimed confidentiality. In a letter dated
March 21, 2005, G&K stated that no modifications were made to the
vehicle prior to FMVSS No. 216 testing.
NHTSA's Analysis
NHTSA has concluded that the subject vehicles were shown to meet
the requirements of the standard as originally manufactured.
(15) FMVSS No. 225 Child Restraint Anchorage Systems
JK petition: The petition did not identify any modifications
required to conform the vehicles to the standard.
Alterations identified in G&K petition: Installation of a U.S.-
model tether anchorage behind the passenger seat on coupe models is
needed to achieve conformity.
NHTSA's Analysis
The modifications that G&K identified as needed to conform the
vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(16) FMVSS No. 301 Fuel System Integrity
Alterations identified in JK petition: Modification of the
vehicles' fuel system to meet this standard. JK stated that fuel
spillage problems are controlled by the evaporative and ORVR systems,
which have a rollover and check valve incorporated into their design
and have been proven in testing.
Alterations identified in G&K petition: Modification of the
vehicles' fuel system through the installation of components available
only from G&K. The petition
[[Page 41513]]
did not describe these modifications, for which G&K claimed
confidentiality.
NHTSA's Analysis
The modifications identified as needed to conform the vehicles to
the standard would not prelude the vehicle from being deemed eligible
for importation. Conformity packages submitted for vehicles imported
under the decision must demonstrate that the vehicle is equipped with
components that allow it to achieve compliance with the standard. Any
modification or replacement of components necessary to meet the
requirements of the standard must be shown to bring the vehicle into
compliance. Such proof must be submitted by an RI as part of any
conformity package submitted for nonconforming 2002 through 2004 Smart
Car Fortwo Coupe and Cabriolet passenger cars.
(17) FMVSS No. 302 Flammability of Interior Materials
JK petition: The vehicles conform to the standard as originally
manufactured.
Alterations identified in G&K petition: Interior materials and
components covered by the standard must be treated with a product
available only from G&K. G&K claimed confidentiality with respect to
these modifications.
NHTSA's Analysis
The modifications that G&K identified as needed to conform the
vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that allow it to achieve compliance with
the standard. Any modification or replacement of components necessary
to meet the requirements of the standard must be shown to bring the
vehicle into compliance. Such proof must be submitted by an RI as part
of any conformity package submitted for nonconforming 2002 through 2004
Smart Car Fortwo Coupe and Cabriolet passenger cars.
(10) 49 CFR Part 581 Bumper Standard
Alterations identified in JK petition: Modification of the bumper
system to comply with the Bumper Standard found in 49 CFR part 581. The
petition did not describe the modifications.
Alterations identified in G&K petition: Modification of the bumper
system through installation of components available only from G&K. The
petition did not describe the modifications.
NHTSA's Analysis
The modifications that G&K identified as needed to conform the
vehicles to the standard would not prelude the vehicles from being
deemed eligible for importation. The agency notes that Bumper Standard
compliance issues are not directly relevant to an import eligibility
decision, as such a decision is to be based on the capability of a non-
U.S. certified vehicle to be altered to conform to the FMVSS, and the
Bumper Standard is not an FMVSS. However, because a vehicle that is not
originally manufactured to comply with the Bumper Standard must be
modified to comply with the standard before it can be admitted
permanently into the United States, conformance with the Bumper
Standard must be shown in the conformity package submitted to NHTSA to
allow release of the DOT conformance bond furnished at the time of
vehicle importation.
Conclusion
In view of the above considerations, NHTSA decided to grant the
petitions.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VCP-27 is the vehicle eligibility number assigned to nonconforming 2002
through 2004 Smart Car Fortwo Coupe and Cabriolet (including trim
levels Passion, Pulse and Pure) passenger cars admissible under this
notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA decided that 2002
through 2004 Smart Car Fortwo Coupe and Cabriolet (including trim
levels Passion, Pulse and Pure) 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 applicable Federal motor vehicle safety
standards.
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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E6-11634 Filed 7-20-06; 8:45 am]
BILLING CODE 4910-59-P
