82_FR_17582 82 FR 17514 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2010 Jeep Wrangler Multipurpose Passenger Vehicles (MPV) Are Eligible for Importation

82 FR 17514 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2010 Jeep Wrangler Multipurpose Passenger Vehicles (MPV) Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 68 (April 11, 2017)

Page Range17514-17515
FR Document2017-07163

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2010 Jeep Wrangler Multipurpose 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 2010 Jeep Wrangler MPV) and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017) 
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17514-17515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07163]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0061; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2010 Jeep Wrangler Multipurpose Passenger Vehicles (MPV) Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: 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 
model year (MY) 2010 Jeep Wrangler Multipurpose 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 
2010 Jeep Wrangler MPV) and they are capable of being readily altered 
to conform to the standards.

DATES: The closing date for comments on the petition is May 11, 2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

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

[[Page 17515]]

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.
    Skytop Rover Co. (Skytop), Inc. of Philadelphia, Pennsylvania 
(Registered Importer R-06-343) has petitioned NHTSA to decide whether 
nonconforming 2010 Jeep Wrangler MPV's are eligible for importation 
into the United States. The vehicles which Skytop believes are 
substantially similar are MY 2010 Jeep Wrangler MPV's sold 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 MY 2010 
Jeep Wrangler MPV's 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 MY 2010 Jeep Wrangler MPV's, as 
originally manufactured, conform to many applicable 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 the non U.S.-certified MY 2010 Jeep Wrangler 
MPV's, as originally manufactured, conform to: 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, 106 
Brake Hoses, 108 Lamps, Reflective Devices and Associated Equipment, 
111 Rear Visibility, 113 Hood Latch System, 114 Theft Protection and 
Rollaway Prevention, 116 Motor Vehicle Brake Fluids, 118 Power-Operated 
Window, Partition, and Roof Panel System, 124 Accelerator Control 
Systems, 126 Electronic Stability Control Systems, 135 Light Vehicle 
Brake Systems, 138 Tire Pressure Monitoring Systems, 201 Occupant 
Protection in Interior Impact, 202a Head Restraints, 203 Impact 
Protection from Steering Control System, 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, 302 Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified 
vehicles are capable of being readily altered to meet the following 
standards, in the manner indicated:
    Standard No. 110 Tire Selection and Rims: installation of the 
required tire information placard.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar to 
meet the requirements of 49 CFR part 565.
    Because the subject petition covers nonconforming vehicles that 
have been manufactured on or after September 1, 2006, compliance with 
the advanced air bag requirements of FMVSS No. 208 is of significant 
concern to the agency. NHTSA is therefore particularly interested in 
comments regarding the ability of a Registered Importer to readily 
alter the subject vehicles to fully meet the driver and front outboard 
passenger frontal crash protection and child passenger protection 
requirements of FMVSS No. 208. The following is a partial listing of 
the components that may be affected:

a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and 
internal seat components
h. Steering wheel components, including the clock spring assembly, the 
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e., cross beam)
k. Occupant sensing and classification systems, including sensors and 
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related 
display components and wiring
n. Wiring harnesses between the restraint control module, occupant 
classification system and restraint system components
o. Control system computer software and firmware

    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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07163 Filed 4-10-17; 8:45 am]
 BILLING CODE 4910-59-P

17514 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices For the affected vehicles that are the Authority: (49 U.S.C. 30118, 30120: • Electronically: Submit comments subject of this petition, the FMVSS No. delegations of authority at 49 CFR 1.95 and electronically by logging onto the 110 tire information placard displays 501.8) Federal Docket Management System the manufacturer’s recommended cold Jeffrey M. Giuseppe, (FDMS) Web site at https:// tire inflation pressure value for the front Director, Office of Vehicle Safety Compliance. www.regulations.gov/. Follow the online tires which is identical to that which is [FR Doc. 2017–07164 Filed 4–10–17; 8:45 am] instructions for submitting comments. required for the tires equipped on the • Comments may also be faxed to BILLING CODE 4910–59–P vehicle and, displays the manufacturer’s (202) 493–2251. recommended cold tire inflation Comments must be written in the pressure value for the rear tires which DEPARTMENT OF TRANSPORTATION English language, and be no greater than is larger than the value which is 15 pages in length, although there is no National Highway Traffic Safety limit to the length of necessary required for the tires equipped on the Administration attachments to the comments. If vehicle. Consequently, there is no risk comments are submitted in hard copy of an underinflated tire, the load [Docket No. NHTSA–2016–0061; Notice 1] form, please ensure that two copies are carrying capacity of the equipped tires provided. If you wish to receive is still sufficient and, therefore, there is Notice of Receipt of Petition for Decision That Nonconforming Model confirmation that comments you have no risk of a vehicle overload condition. submitted by mail were received, please Year 2010 Jeep Wrangler Multipurpose Nevertheless, as a reference, and for Passenger Vehicles (MPV) Are Eligible enclose a stamped, self-addressed comparison to this petition, NHTSA has for Importation postcard with the comments. Note that granted petitions from manufacturers in all comments received will be posted cases where the tire information placard AGENCY: National Highway Traffic without change to https:// displayed a tire inflation pressure value Safety Administration (NHTSA), www.regulations.gov, including any which was smaller than that which was Department of Transportation (DOT). personal information provided. required for the tires equipped on the ACTION: Receipt of petition. All comments and supporting vehicle. (See BMW, 81 FR 62970, materials received before the close of September 13, 2016; BMW, 78 FR SUMMARY: This document announces business on the closing date indicated 76408, December 17, 2013; and receipt by the National Highway Traffic above will be filed in the docket and Volkswagen, 78 FR 28287, May 14, Safety Administration (NHTSA) of a will be considered. All comments and 2013) petition for a decision that model year supporting materials received after the (MY) 2010 Jeep Wrangler Multipurpose closing date will also be filed and will (f) Vehicle Production: Vehicle Passenger Vehicles (MPV) that were not be considered to the fullest extent production has been corrected to originally manufactured to comply with possible. conform to FMVSS No. 110 Section all applicable Federal motor vehicle When the petition is granted or 4.3(c) and S4.3(d). safety standards (FMVSS), are eligible denied, notice of the decision will also BMW concluded by expressing the for importation into the United States be published in the Federal Register belief that the subject noncompliance is because they are substantially similar to pursuant to the authority indicated at inconsequential as it relates to motor vehicles that were originally the end of this notice. vehicle safety, and that its petition to be manufactured for sale in the United All comments, background exempted from providing notification of States and that were certified by their documentation, and supporting the noncompliance, as required by 49 manufacturer as complying with the materials submitted to the docket may U.S.C. 30118, and a remedy for the safety standards (the U.S.-certified be viewed by anyone at the address and noncompliance, as required by 49 version of the 2010 Jeep Wrangler MPV) times given above. The documents may U.S.C. 30120, should be granted. and they are capable of being readily also be viewed on the Internet at https:// altered to conform to the standards. www.regulations.gov by following the NHTSA notes that the statutory online instructions for accessing the DATES: The closing date for comments provisions (49 U.S.C. 30118(d) and dockets. The docket ID number for this on the petition is May 11, 2017. 30120(h)) that permit manufacturers to petition is shown in the heading of this ADDRESSES: Interested persons are file petitions for a determination of notice. inconsequentiality allow NHTSA to invited to submit written data, views, and arguments on this petition. DOT’s complete Privacy Act exempt manufacturers only from the Statement is available for review in a Comments must refer to the docket and duties found in sections 30118 and Federal Register notice published on notice number cited in the title of this 30120, respectively, to notify owners, April 11, 2000, (65 FR 19477–78). notice and be submitted by any of the purchasers, and dealers of a defect or following methods: FOR FURTHER INFORMATION CONTACT: noncompliance and to remedy the • Mail: Send comments by mail George Stevens, Office of Vehicle Safety defect or noncompliance. Therefore, any addressed to U.S. Department of Compliance, NHTSA (202–366–5308). decision on this petition only applies to Transportation, Docket Operations, M– SUPPLEMENTARY INFORMATION: the subject vehicles that BMW no longer 30, West Building Ground Floor, Room controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE., Background the noncompliance existed. However, Washington, DC 20590. Under 49 U.S.C. 30141(a)(1)(A), a any decision on this petition does not • Hand Delivery: Deliver comments motor vehicle that was not originally srobinson on DSK5SPTVN1PROD with NOTICES relieve vehicle distributors and dealers by hand to U.S. Department of manufactured to conform to all of the prohibitions on the sale, offer for Transportation, Docket Operations, M– applicable FMVSS shall be refused sale, or introduction or delivery for 30, West Building Ground Floor, Room admission into the United States unless introduction into interstate commerce of W12–140, 1200 New Jersey Avenue SE., NHTSA has decided that the motor the noncompliant vehicles under their Washington, DC 20590. The Docket vehicle is substantially similar to a control after BMW notified them that Section is open on weekdays from 10 motor vehicle originally manufactured the subject noncompliance existed. a.m. to 5 p.m. except Federal Holidays. for importation into and sale in the VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1

Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17515 United States, certified under 49 U.S.C. Vehicle Brake Systems, 138 Tire m. Passenger air bag status indicator 30115, and of the same model year as Pressure Monitoring Systems, 201 light system, including related display the model of the motor vehicle to be Occupant Protection in Interior Impact, components and wiring compared, and is capable of being 202a Head Restraints, 203 Impact n. Wiring harnesses between the readily altered to conform to all Protection from Steering Control restraint control module, occupant applicable FMVSS. System, 204 Steering Control Rearward classification system and restraint Petitions for eligibility decisions may Displacement, 205 Glazing Materials, system components be submitted by either manufacturers or 206 Door Locks and Door Retention o. Control system computer software importers who have registered with Components, 207 Seating Systems, 208 and firmware NHTSA pursuant to 49 CFR part 592. As Occupant Crash Protection, 209 Seat All comments received before the specified in 49 CFR 593.7, NHTSA Belt Assemblies, 210 Seat Belt Assembly close of business on the closing date publishes notice in the Federal Register Anchorages, 212 Windshield Mounting, indicated above will be considered, and of each petition that it receives, and 214 Side Impact Protection, 216 Roof will be available for examination in the affords interested persons an Crush Resistance, 219 Windshield Zone docket at the above addresses both opportunity to comment on the petition. Intrusion, 225 Child Restraint before and after that date. To the extent At the close of the comment period, Anchorage Systems, 301 Fuel System possible, comments filed after the NHTSA decides, on the basis of the Integrity, 302 Flammability of Interior closing date will also be considered. petition and any comments that it has Materials. Notice of final action on the petition received, whether the vehicle is eligible The petitioner also contends that the will be published in the Federal for importation. The agency then subject non-U.S certified vehicles are Register pursuant to the authority publishes this decision in the Federal capable of being readily altered to meet indicated below. Register. the following standards, in the manner Skytop Rover Co. (Skytop), Inc. of Authority: 49 U.S.C. 30141(a)(1)(A), indicated: (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation Philadelphia, Pennsylvania (Registered Standard No. 110 Tire Selection and Importer R–06–343) has petitioned of authority at 49 CFR 1.95 and 501.8. Rims: installation of the required tire NHTSA to decide whether information placard. Jeffrey M. Giuseppe, nonconforming 2010 Jeep Wrangler The petitioner additionally states that Director, Office of Vehicle Safety Compliance. MPV’s are eligible for importation into a vehicle identification plate must be [FR Doc. 2017–07163 Filed 4–10–17; 8:45 am] the United States. The vehicles which affixed to the vehicle near the left BILLING CODE 4910–59–P Skytop believes are substantially similar windshield pillar to meet the are MY 2010 Jeep Wrangler MPV’s sold requirements of 49 CFR part 565. in the United States and certified by Because the subject petition covers DEPARTMENT OF TRANSPORTATION their manufacturer as conforming to all nonconforming vehicles that have been applicable FMVSS. National Highway Traffic Safety manufactured on or after September 1, The petitioner claims that it compared Administration non-U.S. certified MY 2010 Jeep 2006, compliance with the advanced air Wrangler MPV’s to their U.S.-certified bag requirements of FMVSS No. 208 is of significant concern to the agency. [Docket No. NHTSA–2016–0143; Notice 1] counterparts, and found the vehicles to be substantially similar with respect to NHTSA is therefore particularly Mercedes-Benz USA, LLC, Receipt of compliance with most FMVSS. interested in comments regarding the Petition for Decision of Skytop submitted information with its ability of a Registered Importer to Inconsequential Noncompliance petition intended to demonstrate that readily alter the subject vehicles to fully non-U.S. certified MY 2010 Jeep meet the driver and front outboard AGENCY: National Highway Traffic Wrangler MPV’s, as originally passenger frontal crash protection and Safety Administration (NHTSA), manufactured, conform to many child passenger protection requirements Department of Transportation (DOT). applicable FMVSS in the same manner of FMVSS No. 208. The following is a ACTION: Receipt of petition. as their U.S.-certified counterparts, or partial listing of the components that are capable of being readily altered to may be affected: SUMMARY: Mercedes-Benz USA, LLC conform to those standards. a. Driver’s frontal air bag module (MBUSA) on behalf of itself and its Specifically, the petitioner claims that b. Passenger frontal air bag module parent company Daimler AG (DAG), has the non U.S.-certified MY 2010 Jeep c. Passenger frontal air bag cover determined that certain model year Wrangler MPV’s, as originally d. Knee air bags (MY) 2016 and 2017 Mercedes-Benz manufactured, conform to: Standard e. Knee bolsters GLE and GLS-Class motor vehicles do Nos. 101 Controls and Displays 102 f. Passenger outboard frontal seat belt not fully comply with Federal Motor Transmission Shift Lever Sequence, system Vehicle Safety Standard (FMVSS) No. Starter Interlock, and Transmission g. Driver and front outboard seat 110, Tire selection and rims and motor Braking Effect, 103 Windshield assemblies including seat tracks and home/recreation vehicle trailer load Defrosting and Defogging Systems, 104 internal seat components carrying capacity information for motor Windshield Wiping and Washing h. Steering wheel components, vehicles with a GVWR of 4,536 Systems, 106 Brake Hoses, 108 Lamps, including the clock spring assembly, kilograms (10,000 pounds) or Less. Reflective Devices and Associated the steering column, and all MBUSA filed a noncompliance Equipment, 111 Rear Visibility, 113 connecting components information report dated December 12, srobinson on DSK5SPTVN1PROD with NOTICES Hood Latch System, 114 Theft i. Instrument panel 2016. MBUSA also petitioned NHTSA Protection and Rollaway Prevention, j. Instrument panel support structure on December 22, 2016, for a decision 116 Motor Vehicle Brake Fluids, 118 (i.e., cross beam) that the subject noncompliance is Power-Operated Window, Partition, and k. Occupant sensing and classification inconsequential as it relates to motor Roof Panel System, 124 Accelerator systems, including sensors and vehicle safety. Control Systems, 126 Electronic processors DATES: The closing date for comments Stability Control Systems, 135 Light l. Restraint control modules on the petition is May 11, 2017. VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1


Document Created: 2017-04-11 00:48:21
Document Modified: 2017-04-11 00:48:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is May 11, 2017.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation82 FR 17514 
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