[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Notices]
[Pages 37040-37042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15644]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-15428]


Notice of Receipt of Petition for Decision That Nonconforming 
2003-2004 Micro Car Company Smart Passion (Glass Top and Convertible) 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2004

[[Page 37041]]

Micro Car Company Smart Passion (glass top and convertible) passenger 
cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2003-2004 Micro Car Company Smart Passion (glass top and convertible) 
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 
such standards.

DATES: The closing date for comments on the petition is July 21, 2003.

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 Federal motor 
vehicle safety standards 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 
Federal motor vehicle safety standards. 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 Federal motor vehicle safety standards 
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.
    J.K. Technologies LLC of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2003-2004 Micro Car Company Smart Passion (glass top and convertible) 
passenger cars are eligible for importation into the United States. 
J.K. contends that these vehicles 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 
Federal motor vehicle safety standards.
    Specifically, the petitioner claims that 2003-2004 Micro Car 
Company Smart Passion (glass top and convertible) passenger cars have 
safety features that comply with Standard Nos. 103 Defrosting and 
Defogging Systems (based on testing for which J.K. is claiming 
confidentiality), 104 Windshield Wiping and Washing Systems (based on 
testing for which J.K. is claiming confidentiality), 106 Brake Hoses 
(based on the manufacturer's certification), 109 New Pneumatic Tires 
(based on the presence of required certification markings), 116 Brake 
Fluid (based on the presence of required markings), 118 Power Window 
Systems (based on observation of the system's operation), 124 
Accelerator Control Systems (based on observation of the system's 
operation), 135 Passenger Car Brake Systems (based on testing for which 
J.K. is claiming confidentiality), 202 Head Restraints (based on 
testing for which J.K. is claiming confidentiality), 205 Glazing 
Materials (based on the presence of required certification markings), 
206 Door Locks and Door Retention Components (based on observation of 
the components' operation), 207 Seating Systems (based on testing for 
which J.K. is claiming confidentiality), 210 Seat Belt Assembly 
Anchorages (based on testing for which J.K. is claiming 
confidentiality), 212 Windshield Retention (based on testing for which 
J.K. is claiming confidentiality), 216 Roof Crush Resistance (based on 
testing for which J.K. is claiming confidentiality), 219 Windshield 
Zone Intrusion (based on testing for which J.K. is claiming 
confidentiality), and 302 Flammability of Interior Materials (based on 
testing of driver's seat material, for which J.K. is claiming 
confidentiality, and comparison of the interior materials to those 
found on U.S.-certified vehicles produced by the same manufacturer).
    Petitioner also 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'' 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 states 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.
    Standard No. 102 Transmission Shift Lever Sequence: 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 does not describe how this assembly was redesigned.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Modification of the headlamp and marker light systems to 
meet this standard. These modifications are not described in the 
petition.
    Standard No. 110 Tire Selection and Rims: 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.
    Standard No. 111 Rearview Mirror: 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.
    Standard No. 114 Theft Protection: Installation of a redesigned 
starter interlock assembly to meet this standard. The petition does not 
describe how the assembly was redesigned.
    Standard No. 201 Occupant Protection in Interior Impact: 
Replacement of interior components with components fabricated by, and 
available only through, J.K. Technologies. The petitioner states that

[[Page 37042]]

its testing, for which it is claiming confidentiality, establishes that 
the vehicles will meet the standard with these components installed.
    Standard No. 204 Steering Control Rearward Displacement: 
Modification of the steering shaft to meet the standard. This 
modification is not described in the petition. The petitioner states 
that its testing, for which it is claiming confidentiality, establishes 
that the vehicles will meet the standard with this modification 
performed.
    Standard No. 208 Occupant Crash Protection: Modification of the 
vehicles to meet this standard. These modifications are not described 
in the petition. The petitioner states that its testing, for which it 
is claiming confidentiality, establishes that the vehicles will meet 
the standard with these modifications performed.
    Standard No. 209 Seat Belt Assemblies: Modification of the seat 
belt systems to accommodate a seat belt switch. This modification is 
not described in the petition. Petitioner states that with this 
modification, the vehicles' seat belt assemblies will comply with the 
standard.
    Standard No. 214 Side Impact Protection: Modification of the 
vehicles' A-pillars, B-pillars, and doors. These modifications are not 
described in the petition. Petitioner states that with these 
modifications, the vehicles will meet the standard.
    Standard No. 301 Fuel System Integrity: Modification of the 
vehicles' fuel system to meet this standard. Petitioner states 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.
    The petitioner states that a vehicle identification number plate 
must be affixed to the vehicles near the left windshield post and a 
reference and certification label must be affixed in the area of the 
left front door post to meet the requirements of 49 CFR part 565.
    Additionally, the petitioner states that 2003-2004 Micro Car 
Company Smart Passion (glass top and convertible) passenger cars must 
be modified to comply with the Bumper Standard found in 49 CFR part 
581. The petition does not describe these modifications. The petitioner 
states that its testing, for which it is claiming confidentiality, 
establishes that the vehicles will meet the standard with these 
modifications performed.
    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: June 12, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-15644 Filed 6-19-03; 8:45 am]
BILLING CODE 4910-59-P