[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77245-77246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8089]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23391]


Notice of Receipt of Petition for Decision That Nonconforming 
2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) Passenger 
Cars Manufactured Prior to September 1, 2006 Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger 
cars manufactured prior to September 1, 2006, 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 
2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger 
cars, manufactured prior to September 1, 2006, 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 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 January 30, 
2006.

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 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 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. When there is no 
substantially similar U.S.-certified counterpart, a nonconforming motor 
vehicle shall be refused admission into the United States unless NHTSA 
decides under 49 U.S.C. 30141(a)(1)(B), that the motor vehicle has 
safety features that comply with, or are capable of being altered to 
comply with, all applicable FMVSS based on destructive test data or 
such other evidence 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 2006 Smart Car Passion, Pulse, and Pure (Coupe and 
Cabriolet) passenger cars manufactured prior to September 1, 2006, are 
eligible for importation into the United States. In its petition, G&K 
noted that NHTSA has granted import eligibility to 2002-2004 and 2005 
Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) passenger cars 
that G&K claims are identical to the 2006 Smart Car Passion, Pulse, and 
Pure (Coupe and Cabriolet) passenger cars that are the subject of this 
petition. In its petitions for the 2002-2004 and 2005 vehicles, the 
petitioner claimed that the vehicles were capable of being altered to 
comply with all applicable FMVSS (see NHTSA Docket Nos. NHTSA-2003-1401 
and NHTSA-2005-21334). Because those vehicles were not

[[Page 77246]]

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 2006 version 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 2006 model vehicles differ from the 2002-2004 
and 2005 models only in that they were manufactured as 2006 model 
vehicles.
    G&K contends that nonconforming 2006 Smart Car Passion, Pulse, and 
Pure (Coupe and Cabriolet) passenger cars, manufactured prior to 
September 1, 2006, 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 FMVSS.
    Specifically, the petitioner claims that 2006 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. 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 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. 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 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.

Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E5-8089 Filed 12-28-05; 8:45 am]
BILLING CODE 4910-59-P