Notice of Receipt of Petition for Decision That Nonconforming 2006 and 2007 Subaru Forester Passenger Cars Are Eligible for Importation, 11466-11467 [E8-4026]
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
rmajette on PROD1PC64 with NOTICES
These findings suggest that it is unlikely
that seat belts have been improperly
installed.
In addition, although 49 CFR Part
571.209 paragraph S4.1(k) requires
certain instructions specified in SAE
Recommended Practice J800c be
included in seat belt replacement
instructions, that requirement applies to
seat belts intended to be installed in
seating positions where seat belts do not
already exist. The subject seat belt
assemblies are only intended to be used
for replacement of original equipment
seat belts, therefore the instructions do
not apply to the subject seat belt
assemblies.1
With respect to seat belt usage and
inspection instructions, we note that
this information is available in the
owner’s manual which is installed in
the vehicle. Thus, with respect to usage
and maintenance instructions, it
appears that Mazda has met the intent
of S4.1(l) of FMVSS No. 209 for the
subject vehicles using alternate methods
for notification.
NHTSA has granted similar petitions
for noncompliance with seat belt
assembly installation and usage
instruction standards. Refer to Subaru of
America, Inc. (65 FR 67471, November
9, 2000); Bombardier Motor Corporation
of America, Inc. (65 FR 60238, October
10, 2000); TRW, Inc. (58 FR 7171,
February 4, 1993); and Chrysler
Corporation, (57 FR 45865, October 5,
1992). In all of these cases, the
petitioners demonstrated that the
noncompliant seat belt assemblies were
properly installed, and due to their
respective replacement parts ordering
systems, improper replacement seat belt
assembly selection and installation
would not be likely to occur.
In consideration of the foregoing,
NHTSA has decided that Mazda has met
its burden of persuasion that the
installation and usage instruction
noncompliances described are
inconsequential to motor vehicle safety.
Accordingly, Mazda’s application is
granted, and it is exempted from
providing the notification of
noncompliance that is required by 49
U.S.C. 30118, and from remedying the
noncompliance, as required by 49
U.S.C. 30120. All products
manufactured or sold on and after June
26, 2007, must comply fully with the
requirements of FMVSS No. 209.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
1 Subaru
of America, Inc.; Grant of Application
for Decision of Inconsequential Non-Compliance
(65 FR 67472).
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
Issued on: February 26, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8–4012 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0036]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
and 2007 Subaru Forester Passenger
Cars Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006 and
2007 Subaru Forester passenger cars are
eligible for importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2006 and
2007 Subaru Forester passenger cars
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 2006 and 2007
Subaru Forester passenger car), and (2)
they are capable of being readily altered
to conform to the standards.
DATES: The closing date for comments
on the petition is April 2, 2008.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: 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 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
How To Read Comments Submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also see the comments on the Internet.
To read the comments on the Internet,
take the following steps:
(1) Go to the Federal Docket
Management System (FDMS) Web page
https://www.regulations.gov.
(2) On that page, click on ‘‘Advanced
Docket Search.’’
(3) On the next page select
‘‘NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION’’ from the
drop-down menu in the Agency field
and enter the Docket ID number shown
at the heading of this document.
(4) After entering that information,
click on ‘‘submit.’’
(5) The next page contains docket
summary information for the docket you
selected. Click on the comments you
wish to see. You may download the
comments. Please note that even after
the comment closing date, we will
continue to file relevant information in
the Docket as it becomes available.
Further, some people may submit late
comments. Accordingly, we recommend
that you periodically search the Docket
for new material.
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
E:\FR\FM\03MRN1.SGM
03MRN1
rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
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.
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) has petitioned NHTSA to decide
whether nonconforming 2006 and 2007
Subaru Forester passenger cars are
eligible for importation into the United
States. The vehicles which JK believes
are substantially similar are 2006 and
2007 Subaru Forester passenger cars
that were manufactured for sale in the
United States and certified by their
manufacturer as conforming to all
applicable FMVSS.
The petitioner claims that it compared
non-U.S. certified 2006 and 2007
Subaru Forester passenger cars to their
U.S.-certified counterparts, and found
the vehicles to be substantially similar
with respect to compliance with most
FMVSS.
JK submitted information with its
petition intended to demonstrate that
non-U.S. certified 2006 and 2007
Subaru Forester passenger cars, as
originally manufactured, conform to
many FMVSS in the same manner as
their U.S. certified counterparts, or are
capable of being readily altered to
conform to those standards.
Specifically, the petitioner claims that
non-U.S. certified 2006 and 2007
Subaru Forester passenger cars are
identical to their U.S. certified
counterparts with respect to compliance
with Standard Nos. 102 Transmission
Shift Lever Sequence, Starter Interlock,
and Transmission Braking Effect, 103
Windshield Defrosting and Defogging
Systems, 104 Windshield Wiping and
Washing Systems, 106 Brake Hoses, 109
New Pneumatic Tires, 113 Hood Latch
System, 116 Motor Vehicle Brake Fluids,
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
124 Accelerator Control Systems, 135
Passenger Car Brake Systems, 201
Occupant Protection in Interior Impact,
202 Head Restraints, 204 Steering
Control Rearward Displacement, 205
Glazing Materials, 206 Door Locks and
Door Retention Components, 207
Seating Systems, 209 Seat Belt
Assemblies, 210 Seat Belt Assembly
Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof
Crush Resistance, 219 Windshield Zone
Intrusion, 225 Child Restraint
Anchorage Systems, 301 Fuel System
Integrity, and 302 Flammability of
Interior Materials.
In addition, the petitioner claims that
the vehicles comply with the Bumper
Standard found in 49 CFR Part 581.
The petitioner also contends that the
vehicles are capable of being readily
altered to meet the following standards,
in the manner indicated:
Standard No. 101 Controls and
Displays: installation of a U.S.-model
instrument cluster that has been
reprogrammed to reflect the correct
mileage on the vehicle.
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment: (a)
Installation of U.S.-model front
sidemarker lamps; (b) installation of
U.S.-model headlamps; and (c)
installation of U.S.-model taillamp
assemblies which incorporate rear U.S.model sidemarker lamps.
Standard no. 110 Tire Selection and
Rims: installation of vehicle placard.
Standard No. 111 Rearview Mirrors:
installation of a U.S.-model passenger
side rearview mirror, or inscription of
the required warning statement on the
face of that mirror.
Standard No. 114 Theft Protection:
installation of U.S. version software to
meet the requirements of this standard.
Standard No. 118 Power-Operated
Window, Partition, and Roof Panel
Systems: installation of U.S.-version
software to meet the requirements of
this standard.
Standard No. 208 Occupant Crash
Protection: (a) installation of U.S.version software to ensure that the seat
belt warning system meets the
requirements of this standard, and (b)
inspection of all vehicles and
replacement of any non-U.S.-model
components needed to achieve
conformity with this standard with U.S.model components.
The petitioner states that the
European version of the subject vehicle
does not meet the requirements of
FMVSS No. 208. According to the
petitioner, the passenger occupant
detection system must be added, the
driver’s and front passenger’s seat belt
buckle switch must be replaced, and the
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
11467
Control ECU must be reprogrammed.
The petitioner also states that on
account of regulatory differences around
the world parts of the occupant
protection system must be inspected to
verify that U.S.-model seat belts and
control units are installed.
The agency is especially interested in
obtaining comments concerning the
subject vehicle’s capability of being
readily altered to conform to the
advanced air bag requirements of this
standard. For example, the agency
wishes to know whether U.S.-model
components can be readily installed in
the subject vehicle and be readily
calibrated to interface with that vehicle
in such a way as to assure its conformity
with the air bag low risk deployment
and air bag automatic suppression
performance requirements of the
standard. The agency is willing to
consider all information relating to this
issue, be it test information or
otherwise.
The petitioner additionally states that
a vehicle identification plate must be
affixed to the vehicles near the left
windshield post to meet the
requirements of 49 CFR Part 565.
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 addresses 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)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: February 26, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–4026 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF VETERANS
AFFAIRS
Genomic Medicine Program Advisory
Committee; Notice of Renewal
The Department of Veterans Affairs
(VA) gives notice that the Genomic
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has been renewed for a two year period.
The Committee provides advice to the
Secretary of Veterans Affairs on the
scientific and ethical issues related to
the development and operation of VA’s
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Committee is guided by the goal of
E:\FR\FM\03MRN1.SGM
03MRN1
]]>Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11466-11467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4026]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0036]
Notice of Receipt of Petition for Decision That Nonconforming
2006 and 2007 Subaru Forester Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2006 and 2007 Subaru Forester passenger cars are eligible for
importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2006 and 2007 Subaru Forester passenger cars 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 2006 and 2007 Subaru Forester
passenger car), and (2) they are capable of being readily altered to
conform to the standards.
DATES: The closing date for comments on the petition is April 2, 2008.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: 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 (65 FR 19477-78) or you may visit https://
DocketInfo.dot.gov.
How To Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also see the comments on the Internet. To read the
comments on the Internet, take the following steps:
(1) Go to the Federal Docket Management System (FDMS) Web page
https://www.regulations.gov.
(2) On that page, click on ``Advanced Docket Search.''
(3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION'' from the drop-down menu in the Agency field and enter
the Docket ID number shown at the heading of this document.
(4) After entering that information, click on ``submit.''
(5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see. You may
download the comments. Please note that even after the comment closing
date, we will continue to file relevant information in the Docket as it
becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically search the Docket for
new material.
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
[[Page 11467]]
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.
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) has petitioned NHTSA to decide whether nonconforming
2006 and 2007 Subaru Forester passenger cars are eligible for
importation into the United States. The vehicles which JK believes are
substantially similar are 2006 and 2007 Subaru Forester passenger cars
that were manufactured for sale in the United States and certified by
their manufacturer as conforming to all applicable FMVSS.
The petitioner claims that it compared non-U.S. certified 2006 and
2007 Subaru Forester passenger cars to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
JK submitted information with its petition intended to demonstrate
that non-U.S. certified 2006 and 2007 Subaru Forester passenger cars,
as originally manufactured, conform to many FMVSS in the same manner as
their U.S. certified counterparts, or are capable of being readily
altered to conform to those standards.
Specifically, the petitioner claims that non-U.S. certified 2006
and 2007 Subaru Forester passenger cars are identical to their U.S.
certified counterparts with respect to compliance with Standard Nos.
102 Transmission Shift Lever Sequence, Starter Interlock, and
Transmission Braking Effect, 103 Windshield Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses,
109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake
Fluids, 124 Accelerator Control Systems, 135 Passenger Car Brake
Systems, 201 Occupant Protection in Interior Impact, 202 Head
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages,
212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint
Anchorage Systems, 301 Fuel System Integrity, and 302 Flammability of
Interior Materials.
In addition, the petitioner claims that the vehicles comply with
the Bumper Standard found in 49 CFR Part 581.
The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: installation of a U.S.-
model instrument cluster that has been reprogrammed to reflect the
correct mileage on the vehicle.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model front sidemarker lamps; (b)
installation of U.S.-model headlamps; and (c) installation of U.S.-
model taillamp assemblies which incorporate rear U.S.-model sidemarker
lamps.
Standard no. 110 Tire Selection and Rims: installation of vehicle
placard.
Standard No. 111 Rearview Mirrors: installation of a U.S.-model
passenger side rearview mirror, or inscription of the required warning
statement on the face of that mirror.
Standard No. 114 Theft Protection: installation of U.S. version
software to meet the requirements of this standard.
Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: installation of U.S.-version software to meet the requirements
of this standard.
Standard No. 208 Occupant Crash Protection: (a) installation of
U.S.-version software to ensure that the seat belt warning system meets
the requirements of this standard, and (b) inspection of all vehicles
and replacement of any non-U.S.-model components needed to achieve
conformity with this standard with U.S.-model components.
The petitioner states that the European version of the subject
vehicle does not meet the requirements of FMVSS No. 208. According to
the petitioner, the passenger occupant detection system must be added,
the driver's and front passenger's seat belt buckle switch must be
replaced, and the Control ECU must be reprogrammed. The petitioner also
states that on account of regulatory differences around the world parts
of the occupant protection system must be inspected to verify that
U.S.-model seat belts and control units are installed.
The agency is especially interested in obtaining comments
concerning the subject vehicle's capability of being readily altered to
conform to the advanced air bag requirements of this standard. For
example, the agency wishes to know whether U.S.-model components can be
readily installed in the subject vehicle and be readily calibrated to
interface with that vehicle in such a way as to assure its conformity
with the air bag low risk deployment and air bag automatic suppression
performance requirements of the standard. The agency is willing to
consider all information relating to this issue, be it test information
or otherwise.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR Part 565.
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 addresses 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)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: February 26, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-4026 Filed 2-29-08; 8:45 am]
BILLING CODE 4910-59-P
