Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation |
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Claude H. Harris
National Highway Traffic Safety Administration
July 15, 2013
[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42153-42155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16792]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0074]
Decision That Certain Nonconforming Motor Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petitions.
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SUMMARY: This document announces decisions by NHTSA that certain motor
vehicles 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 originally manufactured for sale in the United
States and certified by their manufacturers as complying with the
safety standards, and they are capable of being readily altered to
conform to the standards or because they have safety features that
comply with, or are capable of being altered to comply with, all
applicable FMVSS.
DATES: These decisions became effective on the dates specified in Annex
A.
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 importation into and/or 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
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readily altered to conform to all applicable FMVSS.
Where there is no substantially similar U.S.-certified motor
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle
to be admitted into the United States if its safety features comply
with, or are capable of being altered to comply with, all applicable
FMVSS based on destructive test data or such other evidence as NHTSA
decides to be adequate.
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.
NHTSA received petitions from registered importers to decide
whether the vehicles listed in Annex A to this notice are eligible for
importation into the United States. To afford an opportunity for public
comment, NHTSA published notice of these petitions as specified in
Annex A. The reader is referred to those notices for a thorough
description of the petitions.
Comments: No substantive comments were received in response to 16
of the 17 petitions identified in Appendix A. In response to the
remaining petition, which covers 2004 model year Ford F-150 Crew Cab
trucks that were manufactured for the Mexican Market (Docket No NHTSA-
2012-0162), the Ford Motor Company stated in pertinent part:
Vehicles that are designed and manufactured for export to
markets outside of the United States are not necessarily tested for
compliance to all FMVSS requirements, unless the particular export
markets have entirely equivalent safety standards. Therefore, Ford
can neither confirm nor deny that a 2004 F-150 Crew Cab manufactured
for sale in the Mexican Market would have complied with FMVSS No.
208 at the time it was manufactured.
The petitioner, Mesa Auto Wholesalers, responded in pertinent part:
We at Mesa auto wholesalers have carefully looked at both a 2004
Ford F-150 that was sold for the American market and the subject
vehicle, in our research we discovered that both vehicles were
exactly the same and therefore conformed to the standard FMVSS No.
208 both units had factory installed airbags and seatbelts for all
seating positions including outward and center seat positions in
both the front seat and the rear seat.
NHTSA believes this response fully addresses the comment. The
agency also notes that the comment lacks sufficient specificity to
provide a basis for the denial of the petition.
NHTSA Decision: Accordingly, on the basis of the foregoing, NHTSA
hereby decides that each motor vehicle listed in Annex A to this
notice, which was not originally manufactured to comply with all
applicable FMVSS, is either substantially similar to a motor vehicle
manufactured for importation into and/or sale in the United States, and
certified under 49 U.S.C. 30115, as specified in Annex A, and is
capable of being readily altered to conform to all applicable FMVSS or
has safety features that comply with, or are capable of being altered
to comply with, all applicable Federal Motor Vehicle Safety Standards.
Vehicle Eligibility Number For Subject Vehicles: The importer of a
vehicle admissible under any final decision must indicate on the form
HS-7 accompanying entry the appropriate vehicle eligibility number
indicating that the vehicle is eligible for entry. Vehicle eligibility
numbers assigned to vehicles admissible under this decision are
specified in Annex A.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49
CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.7.
Issued on: July 2, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA-2013-0032
Nonconforming Vehicles: 2005, 2006 & 2007 BMW 5 Series Passenger
Cars Manufactured before September 1, 2006
Substantially Similar U.S. Certified Vehicles: 2005, 2006 & 2007 BMW
5 Series Passenger Cars Manufactured before September 1, 2006
Notice of Petition
Published at: 78 FR 24463 (April 25, 2013)
Vehicle Eligibility Number: VSP-555 (effective date June 7, 2013)
2. Docket No. NHTSA-2013-0031
Nonconforming Vehicles: 1991 Volkswagen Transporter Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 1991 Volkswagen
Transporter Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 22944 (April 17, 2013)
Vehicle Eligibility Number: VSP-554 (effective date June 7, 2013)
3. Docket No. NHTSA-2013-0022
Nonconforming Vehicles: 2010 BMW Z4 Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2010 BMW Z4 Passenger
Cars
Notice of Petition
Published at: 78 FR 20385 (April 4, 2013)
Vehicle Eligibility Number: VSP-553 (effective date May 28, 2013)
4. Docket No. NHTSA-2013-0015
Nonconforming Vehicles: 2012 Porsche GT3 RS Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2012 Porsche GT3 RS
Passenger Cars
Notice of Petition
Published at: 78 FR 20386 (April 4, 2013)
Vehicle Eligibility Number: VSP-552 (effective date May 21, 2013)
5. Docket No. NHTSA-2012-0164
Nonconforming Vehicles: 2007 Ford Escape Multipurpose Passenger
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: Ford Escape
Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 20388 (April 4, 2013)
Vehicle Eligibility Number: VSP-551 (effective date May 20, 2013)
6. Docket No. NHTSA-2013-0016
Nonconforming Vehicles: 1992, 1993 & 1994 BMW 3 Series Passenger
Cars
Substantially Similar U.S. Certified Vehicles: 1992, 1993 & 1994 BMW
3 Series Passenger Cars
Notice of Petition
Published at: 78 FR 19364 (March 29, 2013)
Vehicle Eligibility Number: VSP-550 (effective date May 6, 2013)
7. Docket No. NHTSA-2013-0012
Nonconforming Vehicles: 2005 Mercedes-Benz G Class (463 chassis)
Long-Wheelbase (LWB) Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Mercedes-Benz G
Class (463 chassis) Long-Wheelbase (LWB) Multipurpose Passenger
Vehicles
Notice of Petition
Published at: 78 FR 10686 (February 14, 2013)
Vehicle Eligibility Number: VSP-549 (effective date April 22, 2013)
8. Docket No. NHTSA-2012-0162
Nonconforming Vehicles: 2004 Ford F-150 Crew Cab Trucks Manufactured
for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2004 Ford F-150 Crew
Cab Trucks
Notice of Petition
Published at: 78 FR 13754 (February 28, 2013)
Vehicle Eligibility Number: VSP-548 (effective date April 17, 2013)
9. Docket No. NHTSA-2012-0161
Nonconforming Vehicles: 2003 Jeep Wrangler Multipurpose Passenger
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2003 Jeep Wrangler
Multipurpose
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Passenger Vehicles
Notice of Petition
Published at: 78 FR 13755 (February 28, 2013)
Vehicle Eligibility Number: VSP-547 (effective date April 17, 2013)
10. Docket No. NHTSA-2013-0014
Nonconforming Vehicles: 1992 Porsche Carrera (964 Series) Passenger
Cars
Substantially Similar U.S. Certified Vehicles: 1992 Porsche Carrera
(964 Series) Passenger Cars
Notice of Petition
Published at: 78 FR 10687 (February 14, 2013)
Vehicle Eligibility Number: VSP-546 (effective date March 26, 2013)
11. Docket No. NHTSA-2012-0163
Nonconforming Vehicles: 2005 Ferrari 612 Scaglietti Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Ferrari 612
Scaglietti Passenger Cars
Notice of Petition
Published at: 77 FR 76599 (December 28, 2012)
Vehicle Eligibility Number: VSP-545 (effective date February 12,
2013)
12. Docket No. NHTSA-2012-0151
Nonconforming Vehicles: 2007 Chevrolet Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2007 Chevrolet
Corvette Passenger Cars
Notice of Petition
Published at: 77 FR 69539 (November 19, 2012)
Vehicle Eligibility Number: VSP-544 (effective date January 16,
2013)
13. Docket No. NHTSA-2012-0150
Nonconforming Vehicles: 2009 Porsche Cayenne S Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2009 Porsche Cayenne
S Multipurpose Passenger Vehicles
Notice of Petition
Published at: 77 FR 67732 (November 13, 2012)
Vehicle Eligibility Number: VSP-543 (effective date January 16,
2013)
14. Docket No. NHTSA-2012-0160
Nonconforming Vehicles: 2009 Porsche 911 (997) Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2009 Porsche 911
(997) passenger cars
Notice of Petition
Published at: 77 FR 70541 (November 26, 2012)
Vehicle Eligibility Number: VSP-542 (effective date January 16,
2013)
15. Docket No. NHTSA-2012-0095
Nonconforming Vehicles: 2005 Chevrolet Suburban Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Chevrolet
Suburban Multipurpose Passenger Vehicles
Notice of Petition
Published at: 77 FR 46803 (August 6, 2012)
Vehicle Eligibility Number: VSP-541 (effective date November 27,
2012)
16. Docket No. NHTSA-2013-0035
Nonconforming Vehicles: 2011 Thule 3008 BL Boat Trailer
Because there are no substantially similar U.S.-certified version
2011 Thule 3008 BL Boat Trailer the petitioner sought import
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition:
Published at: 78 FR 24464 (April 25, 2013)
Vehicle Eligibility Number: VCP-52 (effective date June 7, 2013)
17. Docket No. NHTSA-2012-0148
Nonconforming Vehicles: 1991 Mercedes-Benz G Class (463 chassis)
Multipurpose Passenger Vehicles
Because there are no substantially similar U.S.-certified version
1991 Mercedes-Benz G Class (463 chassis) Multipurpose Passenger
Vehicles the petitioner sought import eligibility under 49 U.S.C.
30141(a)(1)(B).
Notice of Petition
Published at: 77 FR 65444 (October 26, 2012)
Vehicle Eligibility Number: VCP-51 (effective date December 11,
2012)
[FR Doc. 2013-16792 Filed 7-12-13; 8:45 am]
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