Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations,

[Federal Register: September 8, 2004 (Volume 69, Number 173)]

[Notices]

[Page 54342-54344]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08se04-106]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18945]

Notice of Receipt of Petition for Decision That Nonconforming 2000 Cadillac Deville Passenger Cars, Manufactured From August 1, 1999, through December 31, 2000, Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, are eligible for importation.

SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, 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 sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are

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capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is October 8, 2004.

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 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 Miami, Florida (Registered Importer 01-278), has petitioned NHTSA to decide whether nonconforming 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, are eligible for importation into the United States. The vehicles which AMC believes are substantially similar are 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, that were manufactured for 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 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, 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 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, 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 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, 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, 109 New Pneumatic Tires, 113 Hood Latch System, 114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power Operated Window, Partition, and Roof Panel Systems, 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, 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.

Additionally, the petitioner states that non-U.S. certified 2000 Cadillac Deville passenger cars, manufactured from August 1, 1999, through December 31, 2000, comply with the Bumper Standard found in 49 CFR part 581.

The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated:

Standard No. 110 Tire Selection and Rims: a tire placard must be installed to ensure compliance with the standard.

Standard No. 111 Rearview Mirrors: installation of U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of the passenger side rearview mirror.

Standard No. 208 Occupant Crash Protection: inspection of all vehicles and replacement of non U.S. model components with U.S.-model components to ensure compliance with the standard.

The petitioner states that the automatic restraint system installed in these vehicles consists of dual front airbags and knee bolsters.

The petitioner also states that the vehicles have combination lap and shoulder belts at the outboard front and rear seating positions. These seat belt systems are self-tensioning and are released by means of a single red push-button.

Standard No. 209 Seat Belt Assemblies: inspection of all vehicles and replacement of non U.S. model seat belt assemblies with U.S.-model components.

Standard No. 210 Seat Belt Assembly Anchorages: inspection of all vehicles and replacement of non U.S. model seat belt anchorage assemblies with U.S.-model components.

The petitioner also states that all vehicles will be inspected prior to importation to assure compliance with the Theft Prevention Standard at 49 CFR part 541 and that U.S.-model antitheft components will be installed, if necessary, to achieve compliance with that standard.

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

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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. 04-20259 Filed 9-7-04; 8:45 am]

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