[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Notices]
[Pages 70655-70656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23099]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19549; Notice 2]


Decision That Nonconforming 2001 Chevrolet Blazer (Plant Code 
``K'' or ``2'') Multipurpose Passenger Vehicles Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 2001 Chevrolet Blazer (plant code 
``K'' or ``2'') multipurpose passenger vehicles are eligible for 
importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2001 Chevrolet 
Blazer (plant code ``K'' or ``2'') multipurpose passenger vehicles 
(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 they are substantially 
similar to vehicles 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 2001 Chevrolet 
Blazer (plant code ``K'' or ``2'') MPV), and they are capable of being 
readily altered to conform to the standards.

DATES: This decision was effective January 27, 2005.

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 as 
required 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.
    Wallace Environmental Testing Laboratories, Inc. (WETL) (Registered

[[Page 70656]]

Importer 90-005), petitioned NHTSA to decide whether 2001 Chevrolet 
Blazer MPVs are eligible for importation into the United States. NHTSA 
published notice of the petition on November 16, 2004 (69 FR 67208) to 
afford an opportunity for public comment. The reader is referred to 
that notice for a thorough description of the petition.
    One comment was received in response to the notice of the petition 
from General Motors Corporation (``GM''), the manufacturer of the 2001 
Chevrolet Blazer. In this comment, GM stated that during the 2001 model 
year, GM and its subsidiaries and affiliates assembled Chevrolet 
Blazers at several locations around the world. Those intended for sale 
in the United States, Canada, and some other world markets, were 
produced at two assembly plants located within the United States, at 
Linden, New Jersey (identified by plant code ``K'' in the 11th position 
of the vehicle identification number or ``VIN'' assigned to the 
vehicle) and at Moraine, Ohio, (identified by plant code ``2'' in the 
11th position of the VIN).
    GM stated that production of 2001 Chevrolet Blazers also occurred 
at a number of plants outside of the United States. GM stated that in 
order to satisfy unique market conditions and local regulations, 
vehicles produced at these foreign plants differed from those produced 
domestically in a number of respects, including the interior trim, 
chassis, and powertrain components with which they were built. Owing to 
the design and part differences between the 2001 Chevrolet Blazers 
produced domestically, and those produced overseas for foreign markets, 
GM stated that there is no assurance that the vehicles produced 
overseas would comply with, or are capable of being readily altered to 
conform to all applicable FMVSS. GM noted that it does not typically 
perform tests or evaluations to determine the compliance of foreign 
market vehicles with the FMVSS because the vehicles were never intended 
for sale or use in the U.S. market. GM further observed that Blazers 
built overseas for foreign markets may contain locally sourced parts 
that are not subject to the same manufacturing, warranty, and approval 
process used within GM's North American operations and that these 
foreign sourced parts may have an impact on the vehicles' conformity 
with the FMVSS.
    In light of these considerations, GM expressed the opinion that 
only the U.S. manufactured versions of the subject vehicles (those with 
plant codes ``K'' or ``2'' in the 11th position of their VINs) should 
be considered substantially similar to vehicles originally manufactured 
for sale in the U.S. and capable of being modified to comply with the 
FMVSS. GM contended that ``* * * subject vehicles manufactured at all 
other locations should not be considered substantially similar to 
vehicles originally manufactured for sale in the U.S. and, thus, not 
eligible for importation.''
    NHTSA accorded WETL an opportunity to respond to GM's comments. 
WETL stated that the 2001 Chevrolet Blazers that are the subject of its 
petition are U.S. manufactured vehicles with plant codes ``K'' or ``2'' 
in the 11th position of their VINs. WETL therefore did not challenge 
GM's contention that vehicles with plant codes other than these should 
not be considered substantially similar to U.S.-certified models and 
therefore eligible for importation. In view of GM's comments and WETL's 
response, NHTSA decided to grant import eligibility only to 2001 
Chevrolet Blazers with the plant code ``K'' or ``2'' in the eleventh 
character of their VINs.

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-461 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 hereby decided 
that 2001 Chevrolet Blazer MPVs that were not originally manufactured 
to comply with all applicable FMVSS, but that have been assigned 
vehicle identification numbers in which the letter ``K'' or the number 
``2'' is the eleventh character, are substantially similar to 2001 
Chevrolet Blazer 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.

    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-23099 Filed 11-21-05; 8:45 am]
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