
[Federal Register: March 3, 2008 (Volume 73, Number 42)]
[Notices]               
[Page 11466-11467]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr08-112]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0036]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2006 and 2007 Subaru Forester Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2006 and 2007 Subaru Forester passenger cars are eligible for 
importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2006 and 2007 Subaru Forester passenger cars 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 2006 and 2007 Subaru Forester 
passenger car), and (2) they are capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is April 2, 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.
     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) or you may visit http://
DocketInfo.dot.gov.
    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 see the comments on the Internet. To read the 
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page 
http://www.regulations.gov.
    (2) On that page, click on ``Advanced Docket Search.''
    (3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY 
ADMINISTRATION'' from the drop-down menu in the Agency field and enter 
the Docket ID number shown at the heading of this document.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see. You may 
download the comments. 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

[[Page 11467]]

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.
    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.
    J.K. Technologies, LLC, of Baltimore, Maryland (JK)(Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2006 and 2007 Subaru Forester passenger cars are eligible for 
importation into the United States. The vehicles which JK believes are 
substantially similar are 2006 and 2007 Subaru Forester passenger cars 
that were manufactured for sale in the United States and certified by 
their manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2006 and 
2007 Subaru Forester passenger cars to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified 2006 and 2007 Subaru Forester passenger cars, 
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 petitioner claims that non-U.S. certified 2006 
and 2007 Subaru Forester passenger cars 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, 106 Brake Hoses, 
109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake 
Fluids, 124 Accelerator Control Systems, 135 Passenger Car Brake 
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, 225 Child Restraint 
Anchorage Systems, 301 Fuel System Integrity, and 302 Flammability of 
Interior Materials.
    In addition, the petitioner claims that the vehicles 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. 101 Controls and Displays: installation of a U.S.-
model instrument cluster that has been reprogrammed to reflect the 
correct mileage on the vehicle.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model front sidemarker lamps; (b) 
installation of U.S.-model headlamps; and (c) installation of U.S.-
model taillamp assemblies which incorporate rear U.S.-model sidemarker 
lamps.
    Standard no. 110 Tire Selection and Rims: installation of vehicle 
placard.
    Standard No. 111 Rearview Mirrors: installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: installation of U.S. version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: installation of U.S.-version software to meet the requirements 
of this standard.
    Standard No. 208 Occupant Crash Protection: (a) installation of 
U.S.-version software to ensure that the seat belt warning system meets 
the requirements of this standard, and (b) inspection of all vehicles 
and replacement of any non-U.S.-model components needed to achieve 
conformity with this standard with U.S.-model components.
    The petitioner states that the European version of the subject 
vehicle does not meet the requirements of FMVSS No. 208. According to 
the petitioner, the passenger occupant detection system must be added, 
the driver's and front passenger's seat belt buckle switch must be 
replaced, and the Control ECU must be reprogrammed. The petitioner also 
states that on account of regulatory differences around the world parts 
of the occupant protection system must be inspected to verify that 
U.S.-model seat belts and control units are installed.
    The agency is especially interested in obtaining comments 
concerning the subject vehicle's capability of being readily altered to 
conform to the advanced air bag requirements of this standard. For 
example, the agency wishes to know whether U.S.-model components can be 
readily installed in the subject vehicle and be readily calibrated to 
interface with that vehicle in such a way as to assure its conformity 
with the air bag low risk deployment and air bag automatic suppression 
performance requirements of the standard. The agency is willing to 
consider all information relating to this issue, be it test information 
or otherwise.
    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.
    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 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.

    Issued on: February 26, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-4026 Filed 2-29-08; 8:45 am]

BILLING CODE 4910-59-P
