[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17955-17956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5050]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-24310]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Mini Cooper Convertible Passenger Cars Manufactured for the 
European Market Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2005 Mini Cooper convertible passenger cars manufactured for the 
European market 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 Mini Cooper convertible passenger cars manufactured for the 
European market that were not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because (1) they are substantially 
similar to vehicles that were originally manufactured for importation 
into and sale in the United States and that were certified by their 
manufacturer as complying with the safety standards, and (2) they are 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 8, 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 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.
    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.
    Automobile Concepts, Inc. (``AMC''), of North Miami, Florida 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
nonconforming 2005 Mini Cooper convertible passenger cars manufactured 
for the European market are eligible for importation into the United 
States. The vehicles which AMC believes are substantially similar are 
2005 Mini Cooper convertible passenger cars that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
2005 Mini Cooper convertible passenger cars manufactured for the 
European market to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most Federal motor vehicle safety standards.
    AMC submitted information with its petition intended to demonstrate 
that non-U.S. certified 2005 Mini Cooper convertible passenger cars 
manufactured for the European market, as originally manufactured, 
conform to many Federal motor vehicle safety standards in the same 
manner as their U.S. certified counterparts, or are capable of being 
readily altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2005 
Mini Cooper convertible passenger cars manufactured for the European 
market are identical to their U.S. certified counterparts with respect 
to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, 
Starter Interlock, and Transmission Braking Effect, 103 Windshield 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control 
Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in 
Interior Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 212 Windshield Mounting, 214 Side 
Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone 
Intrusion, 225 Child Restraint Anchorage Systems, and 302 Flammability 
of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) Inscription of the word 
``brake'' on the instrument cluster in place of the international ECE 
warning symbol, and (b) replacement or conversion of the speedometer to 
read in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model headlamps, and front and rear 
mounted side marker lamps.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of U.S. version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S. version software to ensure that the 
systems meet the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of 
U.S. version software to ensure that the seat belt warning system meets 
the requirements of this standard, and (b) inspection of all vehicles 
and replacement of any non-U.S.-model components needed to achieve 
conformity with this standard with U.S.-model components.
    Petitioner states that the vehicle's restraint system components 
include U.S.-model airbags and knee bolsters, and combination lap and 
shoulder belts

[[Page 17956]]

at the outboard front designated seating positions.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of any non-U.S.-model seat belts with U.S.-model 
components on vehicles not already so equipped.
    Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all 
vehicles and replacement of any non-U.S.-model seat belt anchorage 
components with U.S.-model components on vehicles not already so 
equipped.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and installation of U.S.-model components, on vehicles that are not 
already so equipped.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
components on vehicles that are not already so equipped.
    The petitioner also states that all vehicles will be inspected for 
conformity with the Bumper Standard found in 49 CFR part 581 and that 
any non-U.S.-model components necessary for conformity with this 
standard will be replaced with U.S.-model components.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR part 565.
    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)(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. E6-5050 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-59-P