Notice of Receipt of Petition for Decision That Nonconforming 2000 Chevrolet Tahoe Multipurpose Passenger Vehicles 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 Chevrolet Tahoe multipurpose passenger vehicles 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 petition is April 30, 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).

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.

Barry Taylor Enterprises of Richmond, California (BTE)(Registered Importer 01-280) has petitioned NHTSA to decide whether nonconforming 2000 Chevrolet Tahoe multipurpose passenger vehicles are eligible for importation into the United States. The vehicles which BTE believes are substantially similar are 2000 Chevrolet Tahoe multipurpose passenger vehicles 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 carefully compared non-U.S. certified 2000 Chevrolet Tahoe multipurpose passenger vehicles to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS.

BTE submitted information with its petition intended to demonstrate that non-U.S. certified 2000 Chevrolet Tahoe multipurpose passenger vehicles, 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 2000 Chevrolet Tahoe multipurpose passenger vehicles are identical to their U.S.-certified counterparts with respect to compliance with Standard Nos. 102Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect,103Windshield Defrosting and Defogging Systems,104Windshield Wiping and Washing Systems,106Brake Hoses,111Rearview Mirrors,113Hood Latch System,114Theft Protection,116Motor Vehicle Brake Fluids,118Power-Operated Window, Partition, and Roof Panel Systems,119New Pneumatic Tires for Vehicles Other than Passenger Cars,120Tire Selection and Rims for Motor Vehicles Other than Passenger Cars,124Accelerator Control Systems,135Passenger Car Brake Systems,201Occupant Protection in Interior Impact,202Head Restraints,204Steering Control Rearward Displacement,205Glazing Materials,206Door Locks and Door Retention Components,207Seating Systems,208Occupant CrashProtection,210Seat Belt Assembly Anchorages,212Windshield Mounting,214Side Impact Protection,216Roof Crush Resistance,219Windshield Zone Intrusion,225Child Restraint Anchorage Systems,301Fuel System Integrity, and302Flammability of Interior Materials.

The petitioner additionally states that the vehicle identification plates affixed to the vehicles meet the requirements of 49 CFR part 565.

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

Standard No. 101Controls and Displays: Inscription of the word “brake” on the dash in place of the international ECE warning symbol.

Standard No. 108Lamps, Reflective Devices and Associated Equipment: Installation of a U.S.-conforming model front side-mounted reflex reflectors and installation of U.S.-conforming model front turn signal lamps or modification of the existing lamps to meet the requirements of this standard.

Standard No. 209Seat Belt Assemblies: Inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-conforming model components to meet the requirements of this standard.

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: March 24, 2008. Claude H. Harris,

Director, Office of Vehicle Safety Compliance.

References

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