[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9188-9189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2433]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19485; Notice 2]


Decision That Nonconforming 2004 Jeep Liberty Multipurpose 
Passenger Vehicles Manufactured for the Mexican Market Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by the National Highway Traffic Safety 
Administration that nonconforming 2004 Jeep Liberty multipurpose 
passenger vehicles manufactured for the Mexican market are eligible for 
importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2004 Jeep Liberty 
multipurpose passenger vehicles manufactured for the Mexican market 
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 2004 Jeep 
Liberty multipurpose passenger vehicle), and they are capable of being 
readily altered to conform to the standards.

DATES: This decision was effective January 26, 2005. The agency 
notified the petitioner at that time that the subject vehicles are 
eligible for importation. This document provides public notice of the 
eligibility decision.

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 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.
    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) of Huston, 
Texas (Registered Importer 90-005), petitioned NHTSA to decide whether 
2004 Jeep Liberty multipurpose passenger vehicles manufactured for the 
Mexican market are eligible for importation into the United States. 
NHTSA published notice of the petition on November 3, 2004 (69 FR 
64129) 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 petition, 
from DaimlerChrysler Corporation (DCC), the vehicle's original 
manufacturer. DCC addressed issues concerning the absence of advanced 
airbag systems on the vehicles that are the subject of this petition. 
DCC observed that the petition states that the Mexican model's passive 
restraint system is identical to that installed on the U.S.-model. DCC

[[Page 9189]]

explained that the systems are not identical and that this inaccuracy 
could lead to a public misperception that the Mexican market vehicles 
are equipped with advanced airbag system capabilities.
    The agency notes that DCC did not challenge the similarity of the 
Mexican model to its U.S.-certified counterpart for the purpose of 
establishing the Mexican model's eligibility for importation into the 
United States. DCC observed that it chose to install advanced air bag 
systems in 2004 Jeep Liberty multipurpose passenger vehicles that it 
certified for sale in the United States.
    The Transportation Equity Act for the 21st Century (TEA 21), 
enacted by Congress on June 9, 1998 as Public Law 105-178, directed 
NHTSA to issue a new rule ``to improve occupant protection for 
occupants of different sizes, belted and unbelted, under Federal Motor 
Vehicle Safety Standard No. 208, while minimizing the risk to infants, 
children, and other occupants from injuries and deaths caused by air 
bags, by means that include advanced air bags.''
    NHTSA issued the new rule (referred to as ``the advanced air bag 
rule'') on December 18, 2001 (66 FR 65376). Under the new rule, sled 
testing is no longer an option to demonstrate compliance with the 
standard's requirements. In addition, offset, oblique, and full frontal 
barrier crash tests (using both rigid and deformable barriers) are 
stipulated for assessing the protection of both belted and unbelted 
occupants. Other tests are included to prove compliance with airbag low 
risk deployment and suppression requirements. The test speeds and 
injury criteria for barrier tests have been revised, and the use of an 
entire family of test dummies is now included. High volume vehicle 
manufacturers are subject to certain phase-in requirements and may also 
voluntarily certify vehicles to the advanced airbag requirements prior 
to the time when such requirements become mandatory.
    Small volume manufacturers (which NHTSA considers Registered 
Importers to be for FMVSS phase-in purposes), need only meet the new 
rules for all passenger vehicles manufactured on or after September 1, 
2006.
    Since the vehicles at issue were manufactured prior to the date 
when the advanced air bag requirements will go into effect for all 
passenger vehicles, the agency concluded that the issue raised by DCC 
was not germane to the issue of whether those vehicles are eligible for 
importation. Accordingly, the agency decided to grant the petition.

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-457 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 has decided that 
2004 Jeep Liberty multipurpose passenger vehicles manufactured for the 
Mexican market that were not originally manufactured to comply with all 
applicable FMVSS are substantially similar to 2004 Jeep Liberty 
multipurpose passenger vehicles 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. E6-2433 Filed 2-21-06; 8:45 am]
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