[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Notices]
[Pages 9868-9869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4808]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0144; Notice 2]


Decision That Nonconforming 1997 and 1998 Left-Hand Drive and 
1997 through 2001 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 1997 and 1998 left-hand drive 
and 1997 through 2001 right-hand drive Jeep Cherokee multipurpose 
passenger vehicles are eligible for importation.

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SUMMARY: This document announces a decision by NHTSA that nonconforming 
1997 and 1998 left-hand drive (LHD) and 1997 through 2001 right-hand 
drive (RHD) 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 (the U.S.-certified version of the 1997 and 1998 
LHD and 1997 through 2001 RHD Jeep Cherokee MPVs), and (2) they are 
capable of being readily altered to conform to the standards.

DATES: This decision is effective on Friday, February 27, 2009.

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.
    Auto Boutique, Ltd., of Costa Mesa, California (ABL) (Registered 
Importer 08-356), petitioned NHTSA to decide whether nonconforming 
1997-2001 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 nonconforming 1997 and 
1998 RHD and LHD Jeep Cherokee MPVs are eligible for importation into 
the United States. NHTSA published a combined notice of the petitions 
on September 17, 2008 (73 FR 53927) to afford an opportunity for public 
comment. The reader is referred to that notice for a thorough 
description of the petitions.
    No comments were received in response to the notice of the 
petitions.
    The ABL and USDR petitions differed in scope: USRD included LHD 
versions of the subject vehicles for model years 1997 and 1998 but did 
not address LHD or RHD 1999-2001 vehicles, while ABL only addressed RHD 
1999-2001 vehicles.
    The following discussion applies equally to both LHD and RHD 
vehicles. That is because in this unique case, the original 
manufacturer of the vehicles certified as conforming to all applicable 
FMVSS both LHD and RHD versions of the substantially similar U.S.-
certified models in model years 1997-2001. Moreover, the description of 
the modifications required to convert these vehicles do not differ with 
respect to the driver's seating position.
    The agency notes that the petitions differed significantly with 
respect to the need for alterations to conform the vehicles to 
applicable FMVSS. ABL did not indicate the need for any alterations 
other than adding labeling to meet the requirements of 49 CFR part 565, 
while USDR contended that the vehicles must be altered in order to meet 
Standards No. 101, 108, 120 and 208 and 49 CFR part 565. A complete 
description of the alterations described by the two petitioners can be 
found in the notice of petition.
    To reconcile these differences, the agency has decided that all 
vehicles covered by this decision must be examined for compliance with 
Standards No. 101, 108, 120 and 208 as well as 49 CFR Part 565 and that 
RIs must demonstrate, in the conformity statements submitted for any 
vehicle imported under this eligibility decision, that each vehicle 
either conformed to the standard as originally manufactured or has been 
altered to conform by the RI.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA has decided that 
nonconforming 1997 and 1998 LHD and 1997 through 2001 RHD Jeep Cherokee 
MPVs that were not originally manufactured to comply with all 
applicable FMVSS are substantially similar to nonconforming 1997 and 
1998 LHD and 1997 through 2001 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.

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-516 is the vehicle eligibility number assigned to 1997 and 1998 LHD 
Jeep Cherokee

[[Page 9869]]

MPVs and VSP-515 is the vehicle eligibility number assigned to 1997 
through 2001 RHD Jeep Cherokee MPVs admissible under this notice of 
final decision.

    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 February 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E9-4808 Filed 3-5-09; 8:45 am]
BILLING CODE 4910-59-P