Decision That Nonconforming 1994 and 1996 Left-Hand and Right-Hand Drive Jeep Cherokee Multipurpose Passenger Vehicles Are Eligible for Importation, 44218-44220 [E7-15249]
Download as PDF
<![CDATA[
44218
Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices
Federal Actions to Address
Environmental Justice in Minority and
Low Income Populations, E.O. 11593
Protection and Enhancement of Cultural
Resources, E.O. 13007 Indian Sacred
Sites, E.O. 13287 Preserve America, E.O.
13175 Consultation and Coordination
with Indian Tribal Governments, E.O.
11514 Protection and Enhancement of
Environmental Quality, E.O. 13112
Invasive Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
activity.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: July 30, 2007.
Maiser Khaled,
Director, Project Development &
Environment, Federal Highway
Administration, California Division.
[FR Doc. E7–15267 Filed 8–6–07; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–27995; Notice 2]
Decision That Nonconforming 1994
and 1996 Left-Hand and Right-Hand
Drive Jeep Cherokee Multipurpose
Passenger Vehicles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of decision by the
National Highway Traffic Safety
Administration (NHTSA) that
nonconforming 1994 and 1996 left-hand
drive (LHD) and right-hand drive (RHD)
Jeep Cherokee multipurpose passenger
vehicles (MPVs) are eligible for
importation.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This document announces a
decision by NHTSA that certain 1994
and 1996 LHD and RHD Jeep Cherokee
MPVs that were not originally
manufactured to comply with all
applicable Federal motor vehicle safety
standards (FMVSS) are eligible for
importation into the United States
because (1) they are substantially
similar to vehicles that were originally
manufactured for sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S.-certified
version of the 1994 and 1995 LHD and
RHD Jeep Cherokee MPVs), and (2) they
are capable of being readily altered to
conform to the standards.
VerDate Aug<31>2005
15:56 Aug 06, 2007
Jkt 211001
This decision is effective [insert
date of letter notifying RI that petition
has been granted].
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 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.
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
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 as NHTSA decides to be
adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
G&K Automotive Conversion, Inc. of
Santa Ana, California (‘‘G&K’’)
(Registered Importer 90–007) petitioned
NHTSA to decide whether 1994 and
1996 LHD and RHD Jeep Cherokee
MPVs are eligible for importation into
the United States. In its petition, G&K
compared these nonconforming vehicles
to substantially similar U.S.-certified
1994 and 1996 LHD and RHD models.
NHTSA published notice of the petition
on April 26, 2007 (72 FR 20915) to
afford an opportunity for public
comment. The reader is referred to that
notice for a thorough description of the
petition. Comments were received in
response to the notice of the petition
from Nippon Security, Inc., doing
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
business as Yokohama Trading LLC,
Yokohama Motors Ltd., and Yokohama
Trading of Japan (collectively
‘‘Yokohama Trading’’).
NHTSA’s analysis of the petition and
Yokohama Trading’s comments are set
forth below, with regard to each of the
issues raised in those comments.
Whether the Vehicles Are in Fact
Nonconforming.
Yokohama Trading’s Contention:
Yokohama Trading disputed G&K’s
characterization of the subject vehicles
as nonconforming by contending that:
The vehicles already bear valid U.S.
vehicle identification numbers (VINs), are
certified as complying with U.S.
Environmental Protection Agency (EPA)
standards, and meet the safety requirements
of the FMVSS and therefore should not be
considered ‘‘non-conforming,’’ but returned
U.S. goods for importation purposes and
allowed in the country without
modifications.
Vehicles intended for use by U.S. Postal
carriers are EXEMPT from the FMVSS under
the Federal Motor Carrier Safety Regulations
at 49 CFR 390.3(f).
The vehicles are in fact conforming
vehicles so long as their use is restricted to
U.S. Postal Service (USPS) Rural Route
Carriers as they are exempt from full
compliance with FMVSS guidelines,
notwithstanding the fact that, except for a
few inconsequential features, they meet those
guidelines.
NHTSA’s Response: The assignment
of a U.S.-complaint VIN to a vehicle
does not signify that the vehicle
complies with all applicable FMVSS.
Instead, as provided in NHTSA’s
certification regulations at 49 CFR part
567, the vehicle must bear a label,
permanently affixed by its original
manufacturer, certifying that the vehicle
complies with all applicable FMVSS in
effect on the vehicle’s date of
manufacture. The vehicles that are the
subject of the petition were
manufactured by Chrysler Corporation
for sale in markets outside the United
States such as Japan, and consequently
were labeled ‘‘For Export Only.’’ As
such, they cannot be regarded for
importation purposes as conforming
motor vehicles.
The regulations cited by Yokohama
Trading, 49 CFR part 390 Federal Motor
Carrier Safety Regulations, are
regulations issued by the Federal Motor
Carrier Safety Administration (FMCSA),
an agency within DOT that is separate
from NHTSA, for the purpose of
regulating commercial motor vehicles
and their operation in the United States.
Section 390.3(f) of those regulations
provides that the Federal Motor Carrier
Safety Regulations do not apply, among
other things, to transportation
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices
vehicle equipment item that it
manufactures for sale in the U.S.
conforms to all applicable FMVSS. The
agency’s regulations at 49 CFR part 567
require manufacturers to affix to
Canadian Imports That Do Not Require
vehicles offered for sale in the U.S.
an RI
labels certifying that the vehicle
Yokohama Trading’s Contention: That conforms to all applicable FMVSS in
Canadian vehicles are often missing
effect on the vehicle’s date of
required labeling and are still allowed to manufacture. Other than issuing the
be imported into the U.S. without the
standards to which the vehicles must be
need for the services of an RI.
certified, NHTSA plays no role in the
NHTSA’s Response: This is another
issue that has no bearing on whether the certification process.
Manufacturers of motor vehicles and
vehicles that are the subject of the
petition are capable of being modified to motor vehicle equipment items that are
subject to the FMVSS must file
conform to all applicable FMVSS. As a
consequence, it also provides no basis
identifying information with NHTSA
for denying the petition. In point of fact, within 30 days from the date they begin
NHTSA’s regulations at 49 CFR 591.5(g) to manufacture those products, as
do permit a motor vehicle that is not a
required by the agency’s regulations at
salvage motor vehicle, a repaired
49 CFR part 566 Manufacturer
salvage motor vehicle, or a
Identification. The acceptance of such a
reconstructed motor vehicle to be
filing from the manufacturer, however,
imported for personal use without the
does not constitute agency approval of
need to engage the services of an RI if
the manufacturer or its products. We
certain requirements are met. Those
have searched our manufacturer
requirements are that the vehicle be
database and found no record of
certified by its original manufacturer as
manufacturer identifying information
complying with all applicable Canadian being submitted by Yokohama Trading
motor vehicle safety standards and that
pursuant to 49 CFR part 566.
NHTSA be informed by the vehicle’s
Because none of the issues raised by
original manufacturer that the vehicle
Yokohama Trading have any bearing on
complies with all applicable Federal
whether 1994 & 1996 Jeep Cherokee
motor vehicle safety, bumper, and theft
prevention standards, or that it complies LHD & RHD MPVs are capable of being
modified to conform to applicable
with all such standards except for the
FMVSS, they provide no basis for
labeling requirements of FMVSS Nos.
NHTSA to deny the petition.
101 Controls and Displays and 110 or
120 Tire Selection and Rims, and/or the Accordingly, the agency has decided to
Whether Necessary Conformance
grant the petition.
specifications of FMVSS No. 108
Modifications May Only Be Performed
Lamps, Reflective Devices, and
Vehicle Eligibility Number for Subject
by Registered Importers
Associated Equipment relating to
Vehicles
Yokohama Trading’s Contention: That daytime running lamps. Proof of such
parties other than importers registered
conformity must be furnished in the
The importer of a vehicle admissible
with NHTSA (RIs) could perform some
form of a letter from the original
under any final decision must indicate
of the modifications to conform the
manufacturer. The letter must be
on the form HS–7 accompanying entry
subject vehicles to the FMVSS, on the
presented to U.S. Customs and Border
the appropriate vehicle eligibility
theory that those modifications do not
Protection at the port of entry along
number indicating that the vehicle is
require any special techniques.
with a completed HS–7 Declaration
eligible for entry. VSP–493 is the
NHTSA’s Response: This argument
form declaring the vehicle under Box 2B vehicle eligibility number assigned to
has no bearing on whether the vehicles
on that form.
vehicles admissible under this notice of
that are the subject of the petition are
Whether Yokohama Trading is a
final decision.
capable of being modified to conform to Manufacturer Yokohama Trading’s
all applicable FMVSS. As such, it
Contention: That it has filed the proper
Final Decision
provides no basis for the denial of the
paperwork and been granted approval to
Accordingly, on the basis of the
petition. In point of fact, the petition
be a motor vehicle manufacturer in the
foregoing, NHTSA has decided that
was filed under 49 U.S.C.
US.
1994 and 1996 LHD and RHD Jeep
NHTSA’s Response: This is another
30141(a)(1)(A), which requires a
issue that has no bearing on whether the Cherokee MPVs that were not originally
showing that the vehicles are ‘‘capable
manufactured to comply with all
of being readily altered to conform to all vehicles that are the subject of the
petition are capable of being modified to applicable FMVSS are substantially
applicable FMVSS.’’ NHTSA’s
similar to 1994 and 1996 LHD and RHD
conform to all applicable FMVSS. As
regulations at 49 CFR 592.6, which
Jeep Cherokee MPVs originally
specify the duties of an RI, require an RI such, it also provides no basis for
manufactured for sale in the United
to personally witness each modification denying the petition. In point of fact,
States and certified under 49 U.S.C.
NHTSA does not approve any
performed on a vehicle to effect
manufacturers or products. Instead, it is 30115, and are capable of being readily
compliance, or to know that the person
altered to conform to all applicable
the manufacturer’s responsibility to
who performed the necessary
FMVSS.
modifications is an employee of that RI, ensure that any motor vehicle or motor
performed by the Federal government.
These regulations (which only apply to
vehicles with a weight rating in excess
of 10,000 pounds, far heavier than the
vehicles that are the subject of the
petition) are not issued or administered
by NHTSA, and cannot and do not
establish any exemption from the
requirements of the FMVSS that pertain
to motor vehicles manufactured or
imported for sale or use in the United
States.
Although there are certain exemptions
in FMVSS No. 208 Occupant Crash
Protection and other standards for
vehicles that are ‘‘designed to be
exclusively sold to the U.S. Postal
Service’’ (see, e.g., paragraph S4.2.2 of
49 CFR 571.208), the vehicles that are
the subject of the petition were
manufactured for sale in markets other
than the United States and were labeled
by their manufacturer ‘‘For Export
Only.’’ As such, they were not designed
to be exclusively sold to the U.S. Postal
Service and therefore do not qualify for
any of these exemptions. It is also worth
noting that there is no general
exemption from the FMVSS for U.S.
Postal Service vehicles. Vehicles
manufactured for the U.S. Postal Service
must be labeled by their manufacturer
as conforming to all applicable FMVSS
in effect on their date of manufacture, in
the same manner that is required under
NHTSA’s certification regulations at 49
CFR part 567 for any other motor
vehicle manufactured for sale or use in
the United States.
jlentini on PROD1PC65 with NOTICES
44219
VerDate Aug<31>2005
15:56 Aug 06, 2007
Jkt 211001
so that the RI can certify that the vehicle
has been brought into compliance with
all applicable Federal motor vehicle
safety and bumper standards.
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
E:\FR\FM\07AUN1.SGM
07AUN1
44220
Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices
Note
NHTSA has been informed by
DaimlerChrysler Corporation, the
successor to Chrysler Corporation, the
original manufacturer of the subject
vehicles, that Chrysler Corporation
manufactured for sale in the United
States, and certified as conforming to
the FMVSS, not only the 1994 and 1996
RHD Jeep Cherokees to which the
nonconforming vehicles that are the
subject of the instant petition have been
compared, but also certain 1995 RHD
Jeep Cherokee MPVs. NHTSA has
previously determined that
nonconforming 1995 LHD Jeep
Cherokee MPVs are eligible for
importation and has assigned vehicle
eligibility number VSP–180 to those
vehicles. See notice of final decision at
61 FR 51739 (October 3, 1996). In light
of the information furnished by
DaimlerChrysler, NHTSA has concluded
that nonconforming 1995 RHD Jeep
Cherokee MPVs may also be imported
under eligibility number VSP–180.
Authority: 49 U.S.C. 30141(a)(1)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: August 1, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7–15249 Filed 8–6–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities; Proposed Revision of
Information Collection; Renewal;
Comment Request
Office of the Comptroller of
the Currency (OCC), Treasury; and
Federal Deposit Insurance Corporation
(FDIC).
ACTION: Joint notice and request for
comments.
jlentini on PROD1PC65 with NOTICES
AGENCIES:
SUMMARY: The OCC and FDIC
(Agencies), as part of their continuing
effort to reduce paperwork and
respondent burden, invite the public
and other Federal agencies to comment
on proposed revisions to a continuing
information collection, as required by
the Paperwork Reduction Act of 1995.
The Agencies may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
VerDate Aug<31>2005
15:56 Aug 06, 2007
Jkt 211001
valid Office of Management and Budget
(OMB) control number. The Agencies
are soliciting comments on proposed
revisions to the information collections
titled: ‘‘Interagency Bank Merger Act
Application.’’ The General Information
and Instructions section has been
revised to delete information about the
Bank Insurance Fund (BIF), the Savings
Association Insurance Fund (SAIF), and
the Oakar statutory provisions. In
addition, corresponding legal citations
on the form to these provisions are
being deleted. The Agencies also solicit
comment on the renewal without
change to the information collections
titled: ‘‘Interagency Biographical and
Financial Report’’ and ‘‘Interagency
Notice of Change in Control.’’ The OCC
solicits comment on the renewal
without change to its ‘‘Interagency
Notice of Change in Directors or Senior
Executive Officers’’ information
collection. Additionally, the OCC is
making other clarifying changes to the
Comptroller’s Licensing Manual
(Manual).
DATES: You should submit written
comments by October 9, 2007.
ADDRESSES: Interested parties are
invited to submit comments to any or all
of the Agencies and the OMB Desk
Officer. All comments, which should
refer to the OMB control number, will
be shared among the Agencies:
OCC: Communications Division,
Office of the Comptroller of the
Currency, Public Information Room,
Mail Stop 1–5, Attention: 1557–0014,
250 E Street, SW., Washington, DC
20219. In addition, comments may be
sent by fax to (202) 874–4448, or by
electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC’s Public
Information Room, 250 E Street, SW.,
Washington, DC. For security reasons,
the OCC requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 874–5043.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and submit to security
screening in order to inspect and
photocopy comments.
FDIC: Steven Hanft, Clearance Officer,
Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street,
NW., Washington, DC 20429. All
comments should refer to ‘‘Interagency
Bank Merger Act Application,’’ the
‘‘Interagency Biographical and Financial
Report,’’ or the ‘‘Interagency Notice of
Change in Control,’’ as appropriate.
Comments may be hand-delivered to the
guard station at the rear of the 17th
Street Building (located on F Street), on
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
business days between 7 a.m. and 5 p.m.
[e-mail address: comments@fdic.gov].
All comments received will be posted
without change to https://www.fdic.gov/
regulations/laws/federal/notices.html
including any personal information
provided. Comments may be inspected
and photocopied in the FDIC Public
Information Center, Room E–1002, 3501
Fairfax Drive, Arlington, VA 22226,
between 9 a.m. and 4 p.m. on business
days.
Additionally, commenters may send a
copy of their comments to the OMB
Desk Officer for the Agencies by mail to
the Office of Information and Regulatory
Affairs, U.S. Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street, NW.,
Washington, DC 20503, or by fax to
(202) 395–6974.
FOR FURTHER INFORMATION CONTACT: You
may request additional information
from:
OCC: Mary Gottlieb, OCC Clearance
Officer, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219. For
subject matter information, you may
contact Yoo Jin Na at (202) 874–4604,
Licensing Activities, Licensing
Department, Office of the Comptroller of
the Currency, 250 E Street, SW.,
Washington, DC 20219.
FDIC: Steven Hanft, Clearance Officer,
(202) 898–3907, Legal Division, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION: Proposal
to extend for three years, with revision,
the following currently approved
collections of information:
OCC’s Information Collection Title:
Comptroller’s Licensing Manual
(Manual). The specific portions of the
Manual covered by this notice are those
that pertain to the ‘‘Business
Combinations,’’ ‘‘Branches and
Relocations,’’ ‘‘Capital and Dividends,’’
‘‘Charters,’’ ‘‘Change in Bank Control,’’
‘‘Comments to Other Agencies,’’
‘‘General Policies and Procedures,’’
‘‘Investment in Bank Premises,’’
‘‘Investment in Subsidiaries and
Equities,’’ ‘‘Management Interlocks,’’
and ‘‘Public Notice and Comments’’
booklets of the Manual and various
portions to which the OCC is making
technical and clarifying changes.
All Agencies’ Report Title and FDIC’s
Information Collection Title:
Interagency Bank Merger Act
Application.
All Agencies’ Report Titles and FDIC’s
Information Collection Title:
Interagency Biographical and Financial
Report and Interagency Notice of
Change in Control.
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 72, Number 151 (Tuesday, August 7, 2007)]
[Notices]
[Pages 44218-44220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15249]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-27995; Notice 2]
Decision That Nonconforming 1994 and 1996 Left-Hand and Right-
Hand Drive Jeep Cherokee Multipurpose Passenger Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by the National Highway Traffic Safety
Administration (NHTSA) that nonconforming 1994 and 1996 left-hand drive
(LHD) and right-hand drive (RHD) Jeep Cherokee multipurpose passenger
vehicles (MPVs) are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces a decision by NHTSA that certain 1994
and 1996 LHD and RHD Jeep Cherokee MPVs that were not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards (FMVSS) are eligible for importation into the United States
because (1) they are substantially similar to vehicles that were
originally manufactured for sale in the United States and that were
certified by their manufacturer as complying with the safety standards
(the U.S.-certified version of the 1994 and 1995 LHD and RHD Jeep
Cherokee MPVs), and (2) they are capable of being readily altered to
conform to the standards.
DATES: This decision is effective [insert date of letter notifying RI
that petition has been granted].
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 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.
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 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 as NHTSA
decides to be adequate.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')
(Registered Importer 90-007) petitioned NHTSA to decide whether 1994
and 1996 LHD and RHD Jeep Cherokee MPVs are eligible for importation
into the United States. In its petition, G&K compared these
nonconforming vehicles to substantially similar U.S.-certified 1994 and
1996 LHD and RHD models. NHTSA published notice of the petition on
April 26, 2007 (72 FR 20915) to afford an opportunity for public
comment. The reader is referred to that notice for a thorough
description of the petition. Comments were received in response to the
notice of the petition from Nippon Security, Inc., doing business as
Yokohama Trading LLC, Yokohama Motors Ltd., and Yokohama Trading of
Japan (collectively ``Yokohama Trading'').
NHTSA's analysis of the petition and Yokohama Trading's comments
are set forth below, with regard to each of the issues raised in those
comments.
Whether the Vehicles Are in Fact Nonconforming.
Yokohama Trading's Contention: Yokohama Trading disputed G&K's
characterization of the subject vehicles as nonconforming by contending
that:
The vehicles already bear valid U.S. vehicle identification
numbers (VINs), are certified as complying with U.S. Environmental
Protection Agency (EPA) standards, and meet the safety requirements
of the FMVSS and therefore should not be considered ``non-
conforming,'' but returned U.S. goods for importation purposes and
allowed in the country without modifications.
Vehicles intended for use by U.S. Postal carriers are EXEMPT
from the FMVSS under the Federal Motor Carrier Safety Regulations at
49 CFR 390.3(f).
The vehicles are in fact conforming vehicles so long as their
use is restricted to U.S. Postal Service (USPS) Rural Route Carriers
as they are exempt from full compliance with FMVSS guidelines,
notwithstanding the fact that, except for a few inconsequential
features, they meet those guidelines.
NHTSA's Response: The assignment of a U.S.-complaint VIN to a
vehicle does not signify that the vehicle complies with all applicable
FMVSS. Instead, as provided in NHTSA's certification regulations at 49
CFR part 567, the vehicle must bear a label, permanently affixed by its
original manufacturer, certifying that the vehicle complies with all
applicable FMVSS in effect on the vehicle's date of manufacture. The
vehicles that are the subject of the petition were manufactured by
Chrysler Corporation for sale in markets outside the United States such
as Japan, and consequently were labeled ``For Export Only.'' As such,
they cannot be regarded for importation purposes as conforming motor
vehicles.
The regulations cited by Yokohama Trading, 49 CFR part 390 Federal
Motor Carrier Safety Regulations, are regulations issued by the Federal
Motor Carrier Safety Administration (FMCSA), an agency within DOT that
is separate from NHTSA, for the purpose of regulating commercial motor
vehicles and their operation in the United States. Section 390.3(f) of
those regulations provides that the Federal Motor Carrier Safety
Regulations do not apply, among other things, to transportation
[[Page 44219]]
performed by the Federal government. These regulations (which only
apply to vehicles with a weight rating in excess of 10,000 pounds, far
heavier than the vehicles that are the subject of the petition) are not
issued or administered by NHTSA, and cannot and do not establish any
exemption from the requirements of the FMVSS that pertain to motor
vehicles manufactured or imported for sale or use in the United States.
Although there are certain exemptions in FMVSS No. 208 Occupant
Crash Protection and other standards for vehicles that are ``designed
to be exclusively sold to the U.S. Postal Service'' (see, e.g.,
paragraph S4.2.2 of 49 CFR 571.208), the vehicles that are the subject
of the petition were manufactured for sale in markets other than the
United States and were labeled by their manufacturer ``For Export
Only.'' As such, they were not designed to be exclusively sold to the
U.S. Postal Service and therefore do not qualify for any of these
exemptions. It is also worth noting that there is no general exemption
from the FMVSS for U.S. Postal Service vehicles. Vehicles manufactured
for the U.S. Postal Service must be labeled by their manufacturer as
conforming to all applicable FMVSS in effect on their date of
manufacture, in the same manner that is required under NHTSA's
certification regulations at 49 CFR part 567 for any other motor
vehicle manufactured for sale or use in the United States.
Whether Necessary Conformance Modifications May Only Be Performed by
Registered Importers
Yokohama Trading's Contention: That parties other than importers
registered with NHTSA (RIs) could perform some of the modifications to
conform the subject vehicles to the FMVSS, on the theory that those
modifications do not require any special techniques.
NHTSA's Response: This argument has no bearing on whether the
vehicles that are the subject of the petition are capable of being
modified to conform to all applicable FMVSS. As such, it provides no
basis for the denial of the petition. In point of fact, the petition
was filed under 49 U.S.C. 30141(a)(1)(A), which requires a showing that
the vehicles are ``capable of being readily altered to conform to all
applicable FMVSS.'' NHTSA's regulations at 49 CFR 592.6, which specify
the duties of an RI, require an RI to personally witness each
modification performed on a vehicle to effect compliance, or to know
that the person who performed the necessary modifications is an
employee of that RI, so that the RI can certify that the vehicle has
been brought into compliance with all applicable Federal motor vehicle
safety and bumper standards.
Canadian Imports That Do Not Require an RI
Yokohama Trading's Contention: That Canadian vehicles are often
missing required labeling and are still allowed to be imported into the
U.S. without the need for the services of an RI.
NHTSA's Response: This is another issue that has no bearing on
whether the vehicles that are the subject of the petition are capable
of being modified to conform to all applicable FMVSS. As a consequence,
it also provides no basis for denying the petition. In point of fact,
NHTSA's regulations at 49 CFR 591.5(g) do permit a motor vehicle that
is not a salvage motor vehicle, a repaired salvage motor vehicle, or a
reconstructed motor vehicle to be imported for personal use without the
need to engage the services of an RI if certain requirements are met.
Those requirements are that the vehicle be certified by its original
manufacturer as complying with all applicable Canadian motor vehicle
safety standards and that NHTSA be informed by the vehicle's original
manufacturer that the vehicle complies with all applicable Federal
motor vehicle safety, bumper, and theft prevention standards, or that
it complies with all such standards except for the labeling
requirements of FMVSS Nos. 101 Controls and Displays and 110 or 120
Tire Selection and Rims, and/or the specifications of FMVSS No. 108
Lamps, Reflective Devices, and Associated Equipment relating to daytime
running lamps. Proof of such conformity must be furnished in the form
of a letter from the original manufacturer. The letter must be
presented to U.S. Customs and Border Protection at the port of entry
along with a completed HS-7 Declaration form declaring the vehicle
under Box 2B on that form.
Whether Yokohama Trading is a Manufacturer Yokohama Trading's
Contention: That it has filed the proper paperwork and been granted
approval to be a motor vehicle manufacturer in the US.
NHTSA's Response: This is another issue that has no bearing on
whether the vehicles that are the subject of the petition are capable
of being modified to conform to all applicable FMVSS. As such, it also
provides no basis for denying the petition. In point of fact, NHTSA
does not approve any manufacturers or products. Instead, it is the
manufacturer's responsibility to ensure that any motor vehicle or motor
vehicle equipment item that it manufactures for sale in the U.S.
conforms to all applicable FMVSS. The agency's regulations at 49 CFR
part 567 require manufacturers to affix to vehicles offered for sale in
the U.S. labels certifying that the vehicle conforms to all applicable
FMVSS in effect on the vehicle's date of manufacture. Other than
issuing the standards to which the vehicles must be certified, NHTSA
plays no role in the certification process.
Manufacturers of motor vehicles and motor vehicle equipment items
that are subject to the FMVSS must file identifying information with
NHTSA within 30 days from the date they begin to manufacture those
products, as required by the agency's regulations at 49 CFR part 566
Manufacturer Identification. The acceptance of such a filing from the
manufacturer, however, does not constitute agency approval of the
manufacturer or its products. We have searched our manufacturer
database and found no record of manufacturer identifying information
being submitted by Yokohama Trading pursuant to 49 CFR part 566.
Because none of the issues raised by Yokohama Trading have any
bearing on whether 1994 & 1996 Jeep Cherokee LHD & RHD MPVs are capable
of being modified to conform to applicable FMVSS, they provide no basis
for NHTSA to deny the petition. Accordingly, the agency has decided to
grant the petition.
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.
VSP-493 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA has decided that
1994 and 1996 LHD and RHD Jeep Cherokee MPVs that were not originally
manufactured to comply with all applicable FMVSS are substantially
similar to 1994 and 1996 LHD and RHD Jeep Cherokee MPVs originally
manufactured for sale in the United States and certified under 49
U.S.C. 30115, and are capable of being readily altered to conform to
all applicable FMVSS.
[[Page 44220]]
Note
NHTSA has been informed by DaimlerChrysler Corporation, the
successor to Chrysler Corporation, the original manufacturer of the
subject vehicles, that Chrysler Corporation manufactured for sale in
the United States, and certified as conforming to the FMVSS, not only
the 1994 and 1996 RHD Jeep Cherokees to which the nonconforming
vehicles that are the subject of the instant petition have been
compared, but also certain 1995 RHD Jeep Cherokee MPVs. NHTSA has
previously determined that nonconforming 1995 LHD Jeep Cherokee MPVs
are eligible for importation and has assigned vehicle eligibility
number VSP-180 to those vehicles. See notice of final decision at 61 FR
51739 (October 3, 1996). In light of the information furnished by
DaimlerChrysler, NHTSA has concluded that nonconforming 1995 RHD Jeep
Cherokee MPVs may also be imported under eligibility number VSP-180.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: August 1, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-15249 Filed 8-6-07; 8:45 am]
BILLING CODE 4910-59-P
