[Federal Register Volume 72, Number 151 (Tuesday, August 7, 2007)]
[Notices]
[Pages 44218-44220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15249]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-27995; Notice 2]


Decision That Nonconforming 1994 and 1996 Left-Hand and Right-
Hand Drive Jeep Cherokee Multipurpose Passenger Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by the National Highway Traffic Safety 
Administration (NHTSA) that nonconforming 1994 and 1996 left-hand drive 
(LHD) and right-hand drive (RHD) Jeep Cherokee multipurpose passenger 
vehicles (MPVs) are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces a decision by NHTSA that certain 1994 
and 1996 LHD and RHD Jeep Cherokee 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 (1) they are substantially similar to vehicles that were 
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 1994 and 1995 LHD and RHD Jeep 
Cherokee MPVs), and (2) they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective [insert date of letter notifying RI 
that petition has been granted].

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 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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer 90-007) petitioned NHTSA to decide whether 1994 
and 1996 LHD and RHD Jeep Cherokee MPVs are eligible for importation 
into the United States. In its petition, G&K compared these 
nonconforming vehicles to substantially similar U.S.-certified 1994 and 
1996 LHD and RHD models. NHTSA published notice of the petition on 
April 26, 2007 (72 FR 20915) to afford an opportunity for public 
comment. The reader is referred to that notice for a thorough 
description of the petition. Comments were received in response to the 
notice of the petition from Nippon Security, Inc., doing business as 
Yokohama Trading LLC, Yokohama Motors Ltd., and Yokohama Trading of 
Japan (collectively ``Yokohama Trading'').
    NHTSA's analysis of the petition and Yokohama Trading's comments 
are set forth below, with regard to each of the issues raised in those 
comments.

Whether the Vehicles Are in Fact Nonconforming.

    Yokohama Trading's Contention: Yokohama Trading disputed G&K's 
characterization of the subject vehicles as nonconforming by contending 
that:

    The vehicles already bear valid U.S. vehicle identification 
numbers (VINs), are certified as complying with U.S. Environmental 
Protection Agency (EPA) standards, and meet the safety requirements 
of the FMVSS and therefore should not be considered ``non-
conforming,'' but returned U.S. goods for importation purposes and 
allowed in the country without modifications.
    Vehicles intended for use by U.S. Postal carriers are EXEMPT 
from the FMVSS under the Federal Motor Carrier Safety Regulations at 
49 CFR 390.3(f).
    The vehicles are in fact conforming vehicles so long as their 
use is restricted to U.S. Postal Service (USPS) Rural Route Carriers 
as they are exempt from full compliance with FMVSS guidelines, 
notwithstanding the fact that, except for a few inconsequential 
features, they meet those guidelines.

    NHTSA's Response: The assignment of a U.S.-complaint VIN to a 
vehicle does not signify that the vehicle complies with all applicable 
FMVSS. Instead, as provided in NHTSA's certification regulations at 49 
CFR part 567, the vehicle must bear a label, permanently affixed by its 
original manufacturer, certifying that the vehicle complies with all 
applicable FMVSS in effect on the vehicle's date of manufacture. The 
vehicles that are the subject of the petition were manufactured by 
Chrysler Corporation for sale in markets outside the United States such 
as Japan, and consequently were labeled ``For Export Only.'' As such, 
they cannot be regarded for importation purposes as conforming motor 
vehicles.
    The regulations cited by Yokohama Trading, 49 CFR part 390 Federal 
Motor Carrier Safety Regulations, are regulations issued by the Federal 
Motor Carrier Safety Administration (FMCSA), an agency within DOT that 
is separate from NHTSA, for the purpose of regulating commercial motor 
vehicles and their operation in the United States. Section 390.3(f) of 
those regulations provides that the Federal Motor Carrier Safety 
Regulations do not apply, among other things, to transportation

[[Page 44219]]

performed by the Federal government. These regulations (which only 
apply to vehicles with a weight rating in excess of 10,000 pounds, far 
heavier than the vehicles that are the subject of the petition) are not 
issued or administered by NHTSA, and cannot and do not establish any 
exemption from the requirements of the FMVSS that pertain to motor 
vehicles manufactured or imported for sale or use in the United States.
    Although there are certain exemptions in FMVSS No. 208 Occupant 
Crash Protection and other standards for vehicles that are ``designed 
to be exclusively sold to the U.S. Postal Service'' (see, e.g., 
paragraph S4.2.2 of 49 CFR 571.208), the vehicles that are the subject 
of the petition were manufactured for sale in markets other than the 
United States and were labeled by their manufacturer ``For Export 
Only.'' As such, they were not designed to be exclusively sold to the 
U.S. Postal Service and therefore do not qualify for any of these 
exemptions. It is also worth noting that there is no general exemption 
from the FMVSS for U.S. Postal Service vehicles. Vehicles manufactured 
for the U.S. Postal Service must be labeled by their manufacturer as 
conforming to all applicable FMVSS in effect on their date of 
manufacture, in the same manner that is required under NHTSA's 
certification regulations at 49 CFR part 567 for any other motor 
vehicle manufactured for sale or use in the United States.

Whether Necessary Conformance Modifications May Only Be Performed by 
Registered Importers

    Yokohama Trading's Contention: That parties other than importers 
registered with NHTSA (RIs) could perform some of the modifications to 
conform the subject vehicles to the FMVSS, on the theory that those 
modifications do not require any special techniques.
    NHTSA's Response: This argument has no bearing on whether the 
vehicles that are the subject of the petition are capable of being 
modified to conform to all applicable FMVSS. As such, it provides no 
basis for the denial of the petition. In point of fact, the petition 
was filed under 49 U.S.C. 30141(a)(1)(A), which requires a showing that 
the vehicles are ``capable of being readily altered to conform to all 
applicable FMVSS.'' NHTSA's regulations at 49 CFR 592.6, which specify 
the duties of an RI, require an RI to personally witness each 
modification performed on a vehicle to effect compliance, or to know 
that the person who performed the necessary modifications is an 
employee of that RI, so that the RI can certify that the vehicle has 
been brought into compliance with all applicable Federal motor vehicle 
safety and bumper standards.

Canadian Imports That Do Not Require an RI

    Yokohama Trading's Contention: That Canadian vehicles are often 
missing required labeling and are still allowed to be imported into the 
U.S. without the need for the services of an RI.
    NHTSA's Response: This is another issue that has no bearing on 
whether the vehicles that are the subject of the petition are capable 
of being modified to conform to all applicable FMVSS. As a consequence, 
it also provides no basis for denying the petition. In point of fact, 
NHTSA's regulations at 49 CFR 591.5(g) do permit a motor vehicle that 
is not a salvage motor vehicle, a repaired salvage motor vehicle, or a 
reconstructed motor vehicle to be imported for personal use without the 
need to engage the services of an RI if certain requirements are met. 
Those requirements are that the vehicle be certified by its original 
manufacturer as complying with all applicable Canadian motor vehicle 
safety standards and that NHTSA be informed by the vehicle's original 
manufacturer that the vehicle complies with all applicable Federal 
motor vehicle safety, bumper, and theft prevention standards, or that 
it complies with all such standards except for the labeling 
requirements of FMVSS Nos. 101 Controls and Displays and 110 or 120 
Tire Selection and Rims, and/or the specifications of FMVSS No. 108 
Lamps, Reflective Devices, and Associated Equipment relating to daytime 
running lamps. Proof of such conformity must be furnished in the form 
of a letter from the original manufacturer. The letter must be 
presented to U.S. Customs and Border Protection at the port of entry 
along with a completed HS-7 Declaration form declaring the vehicle 
under Box 2B on that form.
    Whether Yokohama Trading is a Manufacturer Yokohama Trading's 
Contention: That it has filed the proper paperwork and been granted 
approval to be a motor vehicle manufacturer in the US.
    NHTSA's Response: This is another issue that has no bearing on 
whether the vehicles that are the subject of the petition are capable 
of being modified to conform to all applicable FMVSS. As such, it also 
provides no basis for denying the petition. In point of fact, NHTSA 
does not approve any manufacturers or products. Instead, it is the 
manufacturer's responsibility to ensure that any motor vehicle or motor 
vehicle equipment item that it manufactures for sale in the U.S. 
conforms to all applicable FMVSS. The agency's regulations at 49 CFR 
part 567 require manufacturers to affix to vehicles offered for sale in 
the U.S. labels certifying that the vehicle conforms to all applicable 
FMVSS in effect on the vehicle's date of manufacture. Other than 
issuing the standards to which the vehicles must be certified, NHTSA 
plays no role in the certification process.
    Manufacturers of motor vehicles and motor vehicle equipment items 
that are subject to the FMVSS must file identifying information with 
NHTSA within 30 days from the date they begin to manufacture those 
products, as required by the agency's regulations at 49 CFR part 566 
Manufacturer Identification. The acceptance of such a filing from the 
manufacturer, however, does not constitute agency approval of the 
manufacturer or its products. We have searched our manufacturer 
database and found no record of manufacturer identifying information 
being submitted by Yokohama Trading pursuant to 49 CFR part 566.
    Because none of the issues raised by Yokohama Trading have any 
bearing on whether 1994 & 1996 Jeep Cherokee LHD & RHD MPVs are capable 
of being modified to conform to applicable FMVSS, they provide no basis 
for NHTSA to deny the petition. Accordingly, the agency has 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-493 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 
1994 and 1996 LHD and RHD Jeep Cherokee MPVs that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 1994 and 1996 LHD and RHD Jeep Cherokee 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.

[[Page 44220]]

Note

    NHTSA has been informed by DaimlerChrysler Corporation, the 
successor to Chrysler Corporation, the original manufacturer of the 
subject vehicles, that Chrysler Corporation manufactured for sale in 
the United States, and certified as conforming to the FMVSS, not only 
the 1994 and 1996 RHD Jeep Cherokees to which the nonconforming 
vehicles that are the subject of the instant petition have been 
compared, but also certain 1995 RHD Jeep Cherokee MPVs. NHTSA has 
previously determined that nonconforming 1995 LHD Jeep Cherokee MPVs 
are eligible for importation and has assigned vehicle eligibility 
number VSP-180 to those vehicles. See notice of final decision at 61 FR 
51739 (October 3, 1996). In light of the information furnished by 
DaimlerChrysler, NHTSA has concluded that nonconforming 1995 RHD Jeep 
Cherokee MPVs may also be imported under eligibility number VSP-180.

    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.

    Issued on: August 1, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-15249 Filed 8-6-07; 8:45 am]
BILLING CODE 4910-59-P