Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17985 

Dated: April 6, 2007. 

William Quade, 

Acting, Associate Administrator, Enforcement 

and Program Delivery. 

[FR Doc. 07–1807 Filed 4–6–07; 2:50 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2007–27774] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2007 

Smart Car Passion, Pulse, and Pure 

(ForTwo Coupe and Cabriolet) 

Passenger Cars Manufactured Prior to 

September 1, 2006 Are Eligible for 

Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2007 

Smart Car Passion, Pulse, and Pure 

(ForTwo Coupe and Cabriolet) 

passenger cars manufactured prior to 

September 1, 2006, are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2007 Smart 

Car Passion, Pulse, and Pure (ForTwo 

Coupe and Cabriolet) passenger cars, 

manufactured prior to September 1, 

2006, 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 have safety features that 

comply with, or are capable of being 

altered to comply with, all such 

standards. 

DATES: The closing date for comments 

on the petition is May 10, 2007. 

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 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 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. When there is no 

substantially similar U.S.-certified 

counterpart, a nonconforming motor 

vehicle shall be refused admission into 

the United States unless NHTSA 

decides under 49 U.S.C. 30141(a)(1)(B), 

that the motor vehicle has safety 

features that comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence 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) has 

petitioned NHTSA to decide whether 

nonconforming 2007 Smart Car Passion, 

Pulse, and Pure (ForTwo Coupe and 

Cabriolet) passenger cars manufactured 

prior to September 1, 2006, are eligible 

for importation into the United States. 

In its petition, G&K noted that NHTSA 

has granted import eligibility to 2002–

2006 Smart Car Passion, Pulse, and Pure 

(ForTwo Coupe and Cabriolet) 

passenger cars that G&K claims are 

identical to the 2007 Smart Car Passion, 

Pulse, and Pure (ForTwo Coupe and 

Cabriolet) passenger cars that are the 

subject of this petition. In its petitions 

for the 2002–2006 vehicles, the 

petitioner claimed that the vehicles 

were capable of being altered to comply 

with all applicable FMVSS (see NHTSA 

Docket Nos. NHTSA–2003–16401, 

NHTSA–2005–21334, NHTSA–2005–

21912, NHTSA–2005–23391 & NHTSA–

2006–25071). Because those vehicles 

were not manufactured for importation 

into, and sale in, the United States, and 

were not certified by their original 

manufacturer (DaimlerChrysler), as 

conforming to all applicable FMVSS, 

they cannot be categorized as 

‘‘substantially similar’’ to the 2007 

version for purposes of establishing 

import eligibility under 49 U.S.C. 

30141(a)(1)(A). However, the petitioner 

seeks to rely on the data, views and 

arguments submitted as part of the 

2002–2004 petition; proof of conformity 

information that the petitioner 

submitted for the first vehicle it 

conformed under the eligibility decision 

for the 2002–2004 vehicles; and upon 

the contention that the 2007 model 

vehicles differ from the 2002–2006 

models only in that they were 

designated as 2007 model vehicles by 

their original manufacturer. 

G&K contends that nonconforming 

2007 Smart Car Passion, Pulse, and Pure 

(ForTwo Coupe and Cabriolet) 

passenger cars, manufactured prior to 

September 1, 2006, are eligible for 

importation under 49 U.S.C. 

30141(a)(1)(B) because they have safety 

features that comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS. 

Specifically, the petitioner claims that 

2007 Smart Car Passion, Pulse, and Pure 

(Coupe and Cabriolet) passenger cars 

have safety features that comply with 

Standard Nos. 103 Defrosting and 

Defogging Systems, 104 Windshield 

Wiping and Washing Systems, 106 

Brake Hoses, 109 New Pneumatic Tires, 

116 Brake Fluid, 118 Power Window 

Systems, 124 Accelerator Control 

Systems, 135 Passenger Car Brake 

Systems, 202 Head Restraints, 204 

Steering Control Rearward 

Displacement, 205 Glazing Materials, 

206 Door Locks and Door Retention 

Components, 207 Seating Systems, 210 

Seat Belt Assembly Anchorages, 212 

Windshield Retention, 216 Roof Crush 

Resistance, and 219 Windshield Zone 

Intrusion. 

Petitioner further contends that the 

vehicles are capable of being altered to 

meet the following standards, in the 

manner indicated: 

Standard No. 101 Controls and 

Displays: (a) inscription of the word 

‘‘Brake’’ and a seat belt warning symbol 

on the dash; and (b) modification of the 

speedometer to read in miles per hour. 

Standard No. 102 Transmission 

Shift Lever Sequence: inscription of 


cprice-sewell on PROD1PC66 with NOTICES
17986 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

1The line segment is leased by CCRC from the 

Caldwell County Economic Development 

Commission. 

2Because this is a discontinuance of service 

proceeding and not an abandonment, trail use/rail 

banking and public use conditions are not 

appropriate. Similarly, no environmental or historic 

documentation is required under 49 CFR 

1105.6(c)(2) and 1105.8(e). 

shift sequence markings on the 

instrument cluster. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: (a) 

replacement or modification of the 

headlamps; (b) installation of side 

marker lamps; and (c) installation of 

turn signal lamps. The petition does not 

describe the headlamp modifications. 

G&K is claiming confidentiality with 

respect to some of these modifications. 

Standard No. 110 Tire Selection and 

Rims: installation of a tire information 

placard. 

Standard No. 111 Rearview Mirror: 

inscription of the required warning 

statement on the face of the passenger 

side rearview mirror. 

Standard No. 114 Theft Protection: 

modification of the key locking system 

and installation of a supplemental key 

warning buzzer system to meet the 

requirements of this standard. The 

petition does not describe these 

modifications. G&K is claiming 

confidentiality with respect to these 

modifications. 

Standard No. 201 Occupant 

Protection in Interior Impact: 

replacement of interior components 

with components fabricated by, and 

available only through, G&K. The 

petition does not describe these 

components or their manner of 

installation. G&K is claiming 

confidentiality with respect to these 

modifications. 

Standard No. 208 Occupant Crash 

Protection: installation of supplemental 

wiring and replacement of the driver’s 

seat belt buckle assembly to comply 

with the seat belt warning requirements 

of this standard. 

Standard No. 209 Seat Belt 

Assemblies: replacement of the driver’s 

seat belt buckle assembly with one that 

conforms to the requirements of 

Standards No. 208 and 209. 

Standard No. 214 Side Impact 

Protection: modification of the vehicles 

through the installation of components 

available only from G&K. The petition 

does not describe these modifications. 

G&K is claiming confidentiality with 

respect to these modifications. 

Standard No. 225 Child Restraint 

Anchorage Systems: installation of a 

tether anchorage behind the passenger 

seat on coupe models. 

Standard No. 301 Fuel System 

Integrity: modification of the fuel system 

through the installation of three 

components and associated attachment 

hardware available only from G&K. The 

petition does not describe these 

modifications. G&K is claiming 

confidentiality with respect to these 

modifications. 

Standard No. 302 Flammability of 

Interior Materials: treatment of interior 

materials and components covered by 

the standard. G&K is claiming 

confidentiality with respect to these 

modifications. 

The petitioner states that a vehicle 

identification number plate must be 

affixed to the vehicles to meet the 

requirements of 49 CFR Part 565. The 

petitioner further states that a 

certification label must be affixed to the 

driver’s doorjamb to meet the 

requirements of 49 CFR Part 567. 

Additionally, petitioner states 

components available only from G&K 

will be installed on the vehicle to 

comply with the Bumper Standard 

found in 49 CFR Part 581. The petition 

does not describe these modifications. 

G&K is claiming confidentiality with 

respect to these modifications. 

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)(B) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Issued on: April 3, 2007. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E7–6510 Filed 4–9–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–999X] 

Caldwell County Railroad Company—- 

Discontinuance of Service 

Exemption—in Caldwell County, NC 

On March 21, 2007, Caldwell County 

Railroad Company (CCRC) filed with the 

Surface Transportation Board (Board) a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to discontinue service over 

a 5.2-mile segment of the rail line 

known as the HG Line, extending from 

milepost 107.5, near Lenoir, to the end 

of the line at milepost 112.7, near 

Valmead, in Caldwell County, NC.1 The 

line traverses U.S. Postal Service Zip 

Code 28645, and does not include any 

current stations. 

The line does not contain Federally 

granted rights-of-way. Any 

documentation in CCRC’s possession 

will be made available promptly to 

those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by July 9, 2007. 

Any offer of financial assistance 

(OFA) to subsidize continued rail 

service under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,300 filing fee. 

See 49 CFR 1002.2(f)(25).2

All filings in response to this notice 

must refer to STB Docket No. AB–999X 

and must be sent to: (1) Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001; and (2) 

Betty Jo Christian, Steptoe & Johnson, 

LLP, 1330 Connecticut Avenue, NW., 

Washington, DC 20036. Replies to the 

petition are due on or before April 30, 

2007. 

Persons seeking further information 

concerning discontinuance procedures 

may contact the Board’s Office of Public 

Services at (202) 245–0230 or refer to 

the full abandonment and 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis at (202) 245–0305. [Assistance 

for the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 2, 2007. 


cprice-sewell on PROD1PC66 with NOTICES