[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> 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
    <bullet> 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]]

    <bullet> 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