[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53927-53929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21637]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0144]
Notice of Receipt of Petitions for Decision That Nonconforming
1997-2001 Jeep Cherokee Multipurpose Passenger Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petitions for decision that nonconforming
1997-2001 Jeep Cherokee multipurpose passenger vehicles are eligible
for importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of two petitions for a decision
that certain 1997-2001 Jeep Cherokee 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 (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, and (2) they are capable of
being readily altered to conform to the standards.
DATES: The closing date for comments on the petitions is October 17,
2008.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
[[Page 53928]]
Fax: 202-493-2251
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: 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 (65 FR 19477-78).
How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.
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.
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.
Auto Boutique, Ltd., of Costa Mesa, California (ABL) (Registered
Importer 08-356), petitioned NHTSA to decide whether 1997-2001 Japanese
market right-hand drive (RHD) Jeep Cherokee MPVs are eligible for
importation into the United States. Shortly after ABL's petition was
filed, U.S. Drive Right (USDR), of Spring Arbor, Michigan (Registered
Importer 08-355) separately petitioned NHTSA to decide whether 1997 and
1998 RHD and left-hand drive (LHD) Jeep Cherokee MPVs are eligible for
importation into the United States. Because the two petitions both
pertain to the 1997 and 1998 RHD Jeep Cherokee MPVs, NHTSA is
soliciting comments on both petitions in this notice. The vehicles that
ABL and USDR believe to be substantially similar are corresponding
model year Jeep Cherokee MPVs that were manufactured for sale in the
United States and certified by their manufacturer as conforming to all
applicable FMVSS.
Both petitioners stated that they compared corresponding year non-
U.S. certified Jeep Cherokee MPVs to their U.S.-certified counterparts,
and found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
ABL submitted information with its petition intended to demonstrate
that non-U.S. certified 1997-2001 RHD Jeep Cherokee MPVs, as originally
manufactured, conform to many FMVSS in the same manner as their U.S.
certified counterparts, or are capable of being readily altered to
conform to those standards.
Specifically, ABL claims that non-U.S. certified 1997-2001 RHD Jeep
Cherokee MPVs are identical to their U.S.-certified counterparts with
respect to compliance with Standard Nos. 101 Controls and Displays, 102
Transmission Shift Lever Sequence, Starter Interlock, and Transmission
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 105 Hydraulic and Electric Brake
Systems, 106 Brake Hoses, 108 Lamps, Reflective Devices and Associated
Equipment, 111 Rearview Mirrors, 113 Hood Latch System, 114 Theft
Protection, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window,
Partition, and Roof Panel Systems, 119 New Pneumatic Tires for Vehicles
Other than Passenger Cars, 120 Tire Selection and Rims for Motor
Vehicles Other than Passenger Cars, 124 Accelerator Control 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, 208 Occupant
Crash Protection, 209 Seat Belt Assemblies, 210 Seat Belt Assembly
Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216
Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child
Restraint Anchorage Systems, 301 Fuel System Integrity, and 302
Flammability of Interior Materials.
ABL 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.
USDR submitted information with its petition intended to
demonstrate that non-U.S. certified 1997 and 1998 RHD and LHD Jeep
Cherokee MPVs, as originally manufactured, conform to many FMVSS in the
same manner as their U.S. certified counterparts, or are capable of
being readily altered to conform to those standards.
Specifically, the USDR claims that non-U.S. certified 1997 and 1998
RHD and LHD Jeep Cherokee MPVs 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, 105 Hydraulic and Electric Brake
Systems, 106 Brake Hoses, 111 Rearview Mirrors, 113 Hood Latch System,
114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power-
Operated Window, Partition, and Roof Panel Systems, 119 New Pneumatic
Tires for Vehicles Other than Passenger Cars, 124 Accelerator Control
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, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages,
212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 301 Fuel
[[Page 53929]]
System Integrity, and 302 Flammability of Interior Materials.
USDR 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: 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 (1) headlamps; (2) front and rear
mounted side marker lamps; (3) front and rear mounted side reflex
reflectors; (4) rear mounted reflex reflectors; and (5) tail lamps.
Standard No. 120 Tire Selection and Rims for Motor Vehicles Other
than Passenger Cars: Installation of a tire information placard.
Standard No. 208 Occupant Crash Protection: Inspection of all
vehicles and replacement of any non-U.S.-model seat belt audible
warning system and telltale components with U.S. model components on
vehicles that are not already so equipped.
USDR states that the vehicle's restraint system components include
airbags and combination lap and shoulder belts at the front outboard
designated seating positions and combination lap and shoulder belts at
the rear outboard designated seating positions. USDR also states that
the rear center seating position is equipped with a lap belt.
USDR 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.
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 addresses 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 petitions
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.
Issued on: September 11, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-21637 Filed 9-16-08; 8:45 am]
BILLING CODE 4910-59-P