Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
August 21, 2015

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50921-50922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20667]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0077]


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.

ADDRESSES: For further information contact Mr. 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/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 
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 the 
petitions identified in Appendix A.
    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 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.

ANNEX A--Nonconforming Motor Vehicles Decided To Be Eligible for 
Importation

1. Docket No. NHTSA-2014-0048

Nonconforming Vehicles: 2011-2014 Harley-Davidson FX, FL, XL, and VR 
Series Motorcycles
Substantially Similar U.S. Certified Vehicles: 2011-2014 Harley-
Davidson FX, FL, XL, and VR Series Motorcycles
Notice of Petition Published at: 79 FR 26804 (May 9, 2014)
Vehicle Eligibility Number: VSP-567 (effective date June 24, 2014)

2. Docket No. NHTSA-2014-0098

Nonconforming Vehicles: 2002 BMW Z3 Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2002 BMW Z3 Passenger 
Cars
Notice of Petition Published at: 79 FR 56851 (September 23, 2014)
Vehicle Eligibility Number: VSP-568 (effective date November 5, 2014)

3. Docket No. NHTSA-2014-0120

Nonconforming Vehicles: 2008 Cadillac Escalade Multipurpose Passenger 
Vehicles
Substantially Similar U.S. Certified Vehicles: 2008 Cadillac Escalade 
Multipurpose Passenger Vehicles
Notice of Petition Published at: 80 FR 36404 (June 24, 2015)
Vehicle Eligibility Number: VSP-572 (effective date July 31, 2015)

4. Docket No. NHTSA-2014-0097

Nonconforming Vehicles: 1991 BMW M3 Convertible Passenger Cars

[[Page 50922]]

Because there are no substantially similar U.S.-certified version 1991 
BMW M3 Convertible Passenger Cars the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 80 FR 30761 (May 29, 2015)
Vehicle Eligibility Number: VCP-60 (effective date August 6, 2015)

[FR Doc. 2015-20667 Filed 8-20-15; 8:45 am]
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