[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Pages 32701-32702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11009]



[[Page 32701]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21334]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 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 
2005 Smart Car Passion, Pulse, and Pure (coupe and cabriolet) 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 
2005 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.

DATES: The closing date for comments on the petition is July 5, 2005.

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 am to 
5 pm]. 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)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety standards, and has no substantially similar U.S.-
certified counterpart, shall be refused admission into the United 
States unless NHTSA has decided that the motor vehicle has safety 
features that 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 2005 Smart Car Passion, Pulse, and Pure (coupe and 
cabriolet) passenger cars are eligible for importation into the United 
States. In its petition, G&K noted that NHTSA has granted import 
eligibility to 2002-2004 Smart Car Passion, Pulse, and Pure (coupe and 
cabriolet) passenger cars, that they claim are identical to the 2005 
Smart Car Passion, Pulse, and Pure (coupe and cabriolet) passenger cars 
that are the subject of this petition. In their petition for the 2002-
2004 vehicles the petitioner claimed that the vehicles were capable of 
being altered to comply with all applicable FMVSS (see NHTSA docket no. 
NHTSA-2003-1401). Because those vehicles were not manufactured for 
importation into and sale in the United States, and were not certified 
by their original manufacturer (Daimler Benz), as conforming to all 
applicable FMVSS, they cannot be categorized as ``substantially 
similar'' to the 2002-2004 versions 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 2002-2004 
vehicle eligibility decision; and upon the contention that the 2005 
model vehicles differ from the 2002-2004 models only in that they were 
manufactured as 2005 model vehicles.
    G&K contends that nonconforming 2005 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.
    Specifically, the petitioner claims that 2005 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 
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 markers; and (c) installation of turn signal lamps 
to meet the standard. 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

[[Page 32702]]

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 
vehicles' 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 with material 
available only from G&K. 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 am to 5 pm]. 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.

Harry Thompson,
Chief, Vehicle Crash Avoidance Division, Office of Vehicle Safety 
Compliance.
[FR Doc. 05-11009 Filed 6-2-05; 8:45 am]
BILLING CODE 4910-59-P