Notice of Receipt of Petition for Decision That Nonconforming 2005 Chevrolet Suburban Multi-Purpose Passenger Vehicles are Eligible for Importation

Topics:  Chevrolet Suburban

Claude H. Harris
National Highway Traffic Safety Administration
August 6, 2012

[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46803-46804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19122]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0095, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Chevrolet Suburban Multi-Purpose Passenger Vehicles are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2005 Chevrolet Suburban multi-purpose passenger vehicles (MPV) 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 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 2005 Chevrolet 
Suburban MPV) and they are capable of being readily altered to conform 
to the standards.

DATES: The closing date for comments on the petition is September 5, 
2012.

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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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. Sec.  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.
    Skytop Rover, Co., of Philadelphia, Pennsylvania (Skytop) 
(Registered Importer 06-343,) has petitioned NHTSA to decide whether 
nonconforming 2005 Chevrolet Suburban MPVs are eligible for importation 
into the United States. The vehicles which Skytop believes are 
substantially similar are 2005 Chevrolet Suburban MPVs 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 2005 
Chevrolet Suburban MPVs to their U.S.-certified counterparts, and found 
the vehicles to be substantially similar with respect to compliance 
with most FMVSS.
    Skytop submitted information with its petition intended to 
demonstrate that non-U.S. certified 2005 Chevrolet Suburban 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 petitioner 
claims that non-U.S. certified 2005 Chevrolet Suburban MPVs are 
identical to their U.S. certified counterparts with respect to 
compliance with Standard Nos. 101 Controls Telltales, and Indicators, 
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, 
108 Lamps, Reflective Devices and Associated Equipment, 111 Rearview 
Mirrors, 113 Hood Latch System, 114 Theft Protection, 116 Motor Vehicle 
Brake Fluids, Standard No. 118 Power-Operated Window, Partition, and 
Roof Panel Systems, 119 New Pneumatic Tires for Vehicles other than 
passenger Cars, 124 Accelerator Control Systems, 135 Light Vehicle 
Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 203 Impact Protection for the Driver from the Steering 
Control System, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and

[[Page 46804]]

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.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire and rim information placard.
    The petitioner states that each vehicle will be inspected prior to 
importation for compliance with the Theft Prevention Standard in 49 CFR 
part 541 and that anti-theft devices will be installed on all vehicles 
not already so equipped.
    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 and that a certification label 
must be affixed to the driver's door jamb to meet the requirements of 
49 CFR part 567.
    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: July 30, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-19122 Filed 8-3-12; 8:45 am]
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