[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Notices]
[Pages 62343-62345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27504]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-16401]
Notice of Receipt of Petition for Decision That Nonconforming
2002-2004 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet)
Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2002-2004 Smart Car Passion, Pulse, and Pure (coupe and cabriolet)
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
2002-2004 Smart Car Passion, Pulse, and Pure (coupe and cabriolet)
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.
DATE: The closing date for comments on the petition is December 3,
2003.
ADDRESS: 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.
G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')
(Registered Importer 90-007) has petitioned NHTSA to decide whether
nonconforming 2002-2004 Smart Car Passion, Pulse, and Pure (coupe and
cabriolet) passenger cars are eligible for importation into the United
States. Another registered importer, J.K. Technologies, LLC of
Baltimore, Maryland (``J.K.'') (Registered Importer 90-006), previously
petitioned NHTSA to decide whether 2003-2004 Micro Car Company Smart
Passion (glass top and convertible) passenger cars are eligible for
importation. NHTSA published notice of J.K.'s petition on June 20, 2003
at 68 FR 37040. The comment period on that petition has closed and the
agency is in the process of deciding whether to grant the petition. If
the agency grants J.K.'s petition, there will be no need for it to take
action on G&K's petition insofar as it seeks import eligibility for
2003-2004 Smart Car Passion (coupe and cabriolet) passenger cars, as
those are the same vehicles as the ones covered by J.K.'s petition. If
the agency decides to deny J.K.'s petition, it will again determine
whether those vehicles are eligible for importation in its
consideration of G&K's petition. As part of that consideration, the
agency will also address, for the first time, the import eligibility of
2002 Passion, Pulse, and Pure model Smart Cars, and 2003-2004 Pulse and
Pure model Smart Cars, since those vehicles were not included in J.K.'s
petition.
G&K contends that nonconforming 2002-2004 Smart Car Passion, Pulse,
and Pure (coupe and cabriolet) passenger cars 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.
[[Page 62344]]
Specifically, the petitioner claims that 2002-2004 Smart Car
Passion, Pulse, and Pure (coupe and cabriolet) passenger cars have
safety features that comply with Standard Nos. 103 Defrosting and
Defogging Systems (based on testing for which G&K is claiming
confidentiality), 104 Windshield Wiping and Washing Systems (based on
testing for which G&K is claiming confidentiality), 106 Brake Hoses
(based on the equipment 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), 202 Head Restraints (based on
testing for which G&K is claiming confidentiality), 205 Glazing
Materials (based on the presence of required certification markings),
207 Seating Systems (based on testing for which G&K is claiming
confidentiality), 210 Seat Belt Assembly Anchorages (based on testing
for which G&K is claiming confidentiality), 212 Windshield Retention
(based on testing for which G&K is claiming confidentiality), and 219
Windshield Zone Intrusion (based on testing for which G&K is claiming
confidentiality).
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; (b) modification
of the speedometer to read in miles per hour. The petitioner states
that the controls and displays are visible and accessible to the driver
while restrained by a lap and shoulder belt, that controls for the
headlamps, the windshield defrosting and defogging system, and the
windshield wiping system and panel are all identified, and that all
required controls are illuminated.
Standard No. 102 Transmission Shift Lever Sequence: Modification of
the shift lever markings, the shift pattern, the starter interlock, and
the automatic transmission braking effect to achieve compliance with
this standard. The petition does not describe these modifications. G&K
is claiming confidentiality with respect to these modifications.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Modification of the headlamp to meet the standard; (b)
installation of side markers. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications and the testing conducted to demonstrate that the
vehicles would meet this standard with these modifications performed.
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 to meet this standard. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications.
Standard No. 135 Passenger Car Brake Systems: Modification of the
hydraulic brake system and the parking brake system 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 and the testing conducted to demonstrate
that the vehicles would meet this standard with these modifications
performed.
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 and the testing
conducted to demonstrate that the vehicles would meet this standard
with these modifications performed.
Standard No. 204 Steering Control Displacement: Modification of the
vehicles to meet the standard. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications and the testing conducted to demonstrate that the
vehicles would meet this standard with these modifications performed.
Standard No. 206 Door Locks and Door Retention Components:
Modification of the door locks and door retention components to meet
the standard. The petition does not describe these modifications. G&K
is claiming confidentiality with respect to these modifications and the
testing conducted to demonstrate that the vehicle would meet this
standard with these modifications performed.
Standard No. 208 Occupant Crash Protection: Modification of the
vehicles to meet this standard. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications and the testing conducted to demonstrate that the
vehicles would meet this standard with these modifications performed.
Standard No. 209 Seat Belt Assemblies: Modification of the seat
belt systems to meet this standard. The petition does not describe
these modifications. G&K is claiming confidentiality with respect to
these modifications.
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 and the
static and dynamic testing conducted to demonstrate that the vehicles
would meet this standard with these modifications performed.
Standard No. 216 Roof Crush Resistance: Modification of the
vehicles to meet this standard. The petition does not describe these
modifications. G&K is claiming confidentiality with respect to these
modifications and the testing conducted to demonstrate that the
vehicles would meet this standard with these modifications performed.
Standard No. 225 Child Restraint Anchorage Systems: Installation of
a U.S.-model tether anchorage behind the passenger seat on coupe
models.
Standard No. 301 Fuel System Integrity: Modification of the
vehicles' fuel system 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 and the
testing conducted to demonstrate that the vehicles would meet this
standard with these modifications performed.
Standard No. 302 Flammability of Interior Materials: Treatment of
interior materials and components covered by the standard with material
available only from G&K. G&K is claiming confidentiality with respect
to these modifications and the testing conducted to demonstrate that
the vehicles would meet this standard with these modifications
performed.
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. The
petitioner further states that a certification label must be affixed to
the driver's door jamb to meet the requirements of 49 CFR part 567.
Additionally, the petitioner states that 2002-2004 Smart Car
Passion, Pulse,
[[Page 62345]]
and Pure (coupe and cabriolet) passenger cars must be modified through
the installation of components available only from G&K 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 and the testing conducted to demonstrate
that the vehicles would meet this 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: October 28, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-27504 Filed 10-31-03; 8:45 am]
BILLING CODE 4910-59-P