Notice of Receipt of Petition for Decision That Nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) Passenger Cars Manufactured Prior to September 1, 2006 Are Eligible for Importation, 17985-17986 [E7-6510]

Download as PDF Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices Dated: April 6, 2007. William Quade, Acting, Associate Administrator, Enforcement and Program Delivery. [FR Doc. 07–1807 Filed 4–6–07; 2:50 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–27774] Notice of Receipt of Petition for Decision That Nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) Passenger Cars Manufactured Prior to September 1, 2006 Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars manufactured prior to September 1, 2006, are eligible for importation. AGENCY: SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars, manufactured prior to September 1, 2006, that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. The closing date for comments on the petition is May 10, 2007. ADDRESSES: Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL–401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. cprice-sewell on PROD1PC66 with NOTICES DATES: VerDate Aug<31>2005 15:22 Apr 09, 2007 Jkt 211001 FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. When there is no substantially similar U.S.-certified counterpart, a nonconforming motor vehicle shall be refused admission into the United States unless NHTSA decides under 49 U.S.C. 30141(a)(1)(B), that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. G&K Automotive Conversion, Inc. of Santa Ana, California (‘‘G&K’’) (Registered Importer 90–007) has petitioned NHTSA to decide whether nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars manufactured prior to September 1, 2006, are eligible for importation into the United States. In its petition, G&K noted that NHTSA has granted import eligibility to 2002– 2006 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars that G&K claims are identical to the 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars that are the subject of this petition. In its petitions for the 2002–2006 vehicles, the petitioner claimed that the vehicles PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 17985 were capable of being altered to comply with all applicable FMVSS (see NHTSA Docket Nos. NHTSA–2003–16401, NHTSA–2005–21334, NHTSA–2005– 21912, NHTSA–2005–23391 & NHTSA– 2006–25071). Because those vehicles were not manufactured for importation into, and sale in, the United States, and were not certified by their original manufacturer (DaimlerChrysler), as conforming to all applicable FMVSS, they cannot be categorized as ‘‘substantially similar’’ to the 2007 version for purposes of establishing import eligibility under 49 U.S.C. 30141(a)(1)(A). However, the petitioner seeks to rely on the data, views and arguments submitted as part of the 2002–2004 petition; proof of conformity information that the petitioner submitted for the first vehicle it conformed under the eligibility decision for the 2002–2004 vehicles; and upon the contention that the 2007 model vehicles differ from the 2002–2006 models only in that they were designated as 2007 model vehicles by their original manufacturer. G&K contends that nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars, manufactured prior to September 1, 2006, are eligible for importation under 49 U.S.C. 30141(a)(1)(B) because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. Specifically, the petitioner claims that 2007 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger cars have safety features that comply with Standard Nos. 103 Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 116 Brake Fluid, 118 Power Window Systems, 124 Accelerator Control Systems, 135 Passenger Car Brake Systems, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention, 216 Roof Crush Resistance, and 219 Windshield Zone Intrusion. Petitioner further contends that the vehicles are capable of being altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: (a) inscription of the word ‘‘Brake’’ and a seat belt warning symbol on the dash; and (b) modification of the speedometer to read in miles per hour. Standard No. 102 Transmission Shift Lever Sequence: inscription of E:\FR\FM\10APN1.SGM 10APN1 cprice-sewell on PROD1PC66 with NOTICES 17986 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices shift sequence markings on the instrument cluster. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: (a) replacement or modification of the headlamps; (b) installation of side marker lamps; and (c) installation of turn signal lamps. The petition does not describe the headlamp modifications. G&K is claiming confidentiality with respect to some of these modifications. Standard No. 110 Tire Selection and Rims: installation of a tire information placard. Standard No. 111 Rearview Mirror: inscription of the required warning statement on the face of the passenger side rearview mirror. Standard No. 114 Theft Protection: modification of the key locking system and installation of a supplemental key warning buzzer system to meet the requirements of this standard. The petition does not describe these modifications. G&K is claiming confidentiality with respect to these modifications. Standard No. 201 Occupant Protection in Interior Impact: replacement of interior components with components fabricated by, and available only through, G&K. The petition does not describe these components or their manner of installation. G&K is claiming confidentiality with respect to these modifications. Standard No. 208 Occupant Crash Protection: installation of supplemental wiring and replacement of the driver’s seat belt buckle assembly to comply with the seat belt warning requirements of this standard. Standard No. 209 Seat Belt Assemblies: replacement of the driver’s seat belt buckle assembly with one that conforms to the requirements of Standards No. 208 and 209. Standard No. 214 Side Impact Protection: modification of the vehicles through the installation of components available only from G&K. The petition does not describe these modifications. G&K is claiming confidentiality with respect to these modifications. Standard No. 225 Child Restraint Anchorage Systems: installation of a tether anchorage behind the passenger seat on coupe models. Standard No. 301 Fuel System Integrity: modification of the fuel system through the installation of three components and associated attachment hardware available only from G&K. The petition does not describe these modifications. G&K is claiming confidentiality with respect to these modifications. VerDate Aug<31>2005 15:22 Apr 09, 2007 Jkt 211001 Standard No. 302 Flammability of Interior Materials: treatment of interior materials and components covered by the standard. G&K is claiming confidentiality with respect to these modifications. The petitioner states that a vehicle identification number plate must be affixed to the vehicles to meet the requirements of 49 CFR Part 565. The petitioner further states that a certification label must be affixed to the driver’s doorjamb to meet the requirements of 49 CFR Part 567. Additionally, petitioner states components available only from G&K will be installed on the vehicle to comply with the Bumper Standard found in 49 CFR Part 581. The petition does not describe these modifications. G&K is claiming confidentiality with respect to these modifications. Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket number and be submitted to: Docket Management, Room PL–401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is requested but not required that 10 copies be submitted. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: April 3, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–6510 Filed 4–9–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–999X] Caldwell County Railroad Company—Discontinuance of Service Exemption—in Caldwell County, NC On March 21, 2007, Caldwell County Railroad Company (CCRC) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue service over PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 a 5.2-mile segment of the rail line known as the HG Line, extending from milepost 107.5, near Lenoir, to the end of the line at milepost 112.7, near Valmead, in Caldwell County, NC.1 The line traverses U.S. Postal Service Zip Code 28645, and does not include any current stations. The line does not contain Federally granted rights-of-way. Any documentation in CCRC’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by July 9, 2007. Any offer of financial assistance (OFA) to subsidize continued rail service under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,300 filing fee. See 49 CFR 1002.2(f)(25).2 All filings in response to this notice must refer to STB Docket No. AB–999X and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001; and (2) Betty Jo Christian, Steptoe & Johnson, LLP, 1330 Connecticut Avenue, NW., Washington, DC 20036. Replies to the petition are due on or before April 30, 2007. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Services at (202) 245–0230 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 2, 2007. 1 The line segment is leased by CCRC from the Caldwell County Economic Development Commission. 2 Because this is a discontinuance of service proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 CFR 1105.6(c)(2) and 1105.8(e). E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17985-17986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6510]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-27774]


Notice of Receipt of Petition for Decision That Nonconforming 
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) 
Passenger Cars Manufactured Prior to September 1, 2006 Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) 
passenger cars manufactured prior to September 1, 2006, are eligible 
for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) 
passenger cars, manufactured prior to September 1, 2006, that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards (FMVSS) are eligible for importation into the 
United States because they have safety features that comply with, or 
are capable of being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is May 10, 2007.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. 
to 5 p.m.]. Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided that 
the motor vehicle is substantially similar to a motor vehicle 
originally manufactured for importation into and sale in the United 
States, certified under 49 U.S.C. 30115, and of the same model year as 
the model of the motor vehicle to be compared, and is capable of being 
readily altered to conform to all applicable FMVSS. When there is no 
substantially similar U.S.-certified counterpart, a nonconforming motor 
vehicle shall be refused admission into the United States unless NHTSA 
decides under 49 U.S.C. 30141(a)(1)(B), that the motor vehicle has 
safety features that comply with, or are capable of being altered to 
comply with, all applicable FMVSS based on destructive test data or 
such other evidence NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
nonconforming 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and 
Cabriolet) passenger cars manufactured prior to September 1, 2006, are 
eligible for importation into the United States. In its petition, G&K 
noted that NHTSA has granted import eligibility to 2002-2006 Smart Car 
Passion, Pulse, and Pure (ForTwo Coupe and Cabriolet) passenger cars 
that G&K claims are identical to the 2007 Smart Car Passion, Pulse, and 
Pure (ForTwo Coupe and Cabriolet) passenger cars that are the subject 
of this petition. In its petitions for the 2002-2006 vehicles, the 
petitioner claimed that the vehicles were capable of being altered to 
comply with all applicable FMVSS (see NHTSA Docket Nos. NHTSA-2003-
16401, NHTSA-2005-21334, NHTSA-2005-21912, NHTSA-2005-23391 & NHTSA-
2006-25071). Because those vehicles were not manufactured for 
importation into, and sale in, the United States, and were not 
certified by their original manufacturer (DaimlerChrysler), as 
conforming to all applicable FMVSS, they cannot be categorized as 
``substantially similar'' to the 2007 version for purposes of 
establishing import eligibility under 49 U.S.C. 30141(a)(1)(A). 
However, the petitioner seeks to rely on the data, views and arguments 
submitted as part of the 2002-2004 petition; proof of conformity 
information that the petitioner submitted for the first vehicle it 
conformed under the eligibility decision for the 2002-2004 vehicles; 
and upon the contention that the 2007 model vehicles differ from the 
2002-2006 models only in that they were designated as 2007 model 
vehicles by their original manufacturer.
    G&K contends that nonconforming 2007 Smart Car Passion, Pulse, and 
Pure (ForTwo Coupe and Cabriolet) passenger cars, manufactured prior to 
September 1, 2006, are eligible for importation under 49 U.S.C. 
30141(a)(1)(B) because they have safety features that comply with, or 
are capable of being altered to comply with, all applicable FMVSS.
    Specifically, the petitioner claims that 2007 Smart Car Passion, 
Pulse, and Pure (Coupe and Cabriolet) passenger cars have safety 
features that comply with Standard Nos. 103 Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 
109 New Pneumatic Tires, 116 Brake Fluid, 118 Power Window Systems, 124 
Accelerator Control Systems, 135 Passenger Car Brake Systems, 202 Head 
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention, 
216 Roof Crush Resistance, and 219 Windshield Zone Intrusion.
    Petitioner further contends that the vehicles are capable of being 
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: (a) inscription of the word 
``Brake'' and a seat belt warning symbol on the dash; and (b) 
modification of the speedometer to read in miles per hour.
    Standard No. 102 Transmission Shift Lever Sequence: inscription of

[[Page 17986]]

shift sequence markings on the instrument cluster.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) replacement or modification of the headlamps; (b) 
installation of side marker lamps; and (c) installation of turn signal 
lamps. The petition does not describe the headlamp modifications. G&K 
is claiming confidentiality with respect to some of these 
modifications.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: inscription of the required 
warning statement on the face of the passenger side rearview mirror.
    Standard No. 114 Theft Protection: modification of the key locking 
system and installation of a supplemental key warning buzzer system to 
meet the requirements of this standard. The petition does not describe 
these modifications. G&K is claiming confidentiality with respect to 
these modifications.
    Standard No. 201 Occupant Protection in Interior Impact: 
replacement of interior components with components fabricated by, and 
available only through, G&K. The petition does not describe these 
components or their manner of installation. G&K is claiming 
confidentiality with respect to these modifications.
    Standard No. 208  Occupant Crash Protection: installation of 
supplemental wiring and replacement of the driver's seat belt buckle 
assembly to comply with the seat belt warning requirements of this 
standard.
    Standard No. 209 Seat Belt Assemblies: replacement of the driver's 
seat belt buckle assembly with one that conforms to the requirements of 
Standards No. 208 and 209.
    Standard No. 214 Side Impact Protection: modification of the 
vehicles through the installation of components available only from 
G&K. The petition does not describe these modifications. G&K is 
claiming confidentiality with respect to these modifications.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
a tether anchorage behind the passenger seat on coupe models.
    Standard No. 301 Fuel System Integrity: modification of the fuel 
system through the installation of three components and associated 
attachment hardware available only from G&K. The petition does not 
describe these modifications. G&K is claiming confidentiality with 
respect to these modifications.
    Standard No. 302 Flammability of Interior Materials: treatment of 
interior materials and components covered by the standard. G&K is 
claiming confidentiality with respect to these modifications.
    The petitioner states that a vehicle identification number plate 
must be affixed to the vehicles to meet the requirements of 49 CFR Part 
565. The petitioner further states that a certification label must be 
affixed to the driver's doorjamb to meet the requirements of 49 CFR 
Part 567.
    Additionally, petitioner states components available only from G&K 
will be installed on the vehicle to comply with the Bumper Standard 
found in 49 CFR Part 581. The petition does not describe these 
modifications. G&K is claiming confidentiality with respect to these 
modifications.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., 
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is 
requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: April 3, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-6510 Filed 4-9-07; 8:45 am]
BILLING CODE 4910-59-P