Decision That Nonconforming Model Year 2009 Ford F-150 Trucks Are Eligible for Importation

Topics:  Ford F-150

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
January 13, 2016

[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1678-1679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00446]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0016, Notice 2]


Decision That Nonconforming Model Year 2009 Ford F-150 Trucks Are 
Eligible for Importation

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

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2009 Ford F-
150 trucks 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 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 MY 2009 Ford F-
150 trucks) and they are capable of being readily altered to conform to 
the standards.

DATES: This decision became effective on January 7, 2016.

ADDRESSES: 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 as required under 49 U.S.C. 30115, 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.
    Wallace Environmental Testing Laboratories (WETL), Inc., of 
Houston, Texas (Registered Importer R-90-005) petitioned NHTSA to 
decide whether certain model year (MY) 2009 Ford F-150 trucks are 
eligible for importation into the United States. NHTSA published a 
notice of the petition on November 5, 2015 (80 FR 68603) to afford an 
opportunity for public comment. No comments were received in response 
to the notice of petition. The reader is referred to that notice for a 
thorough description of the petition.
    To view the petition, and all supporting documents log onto the 
Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2015-0016.''

Conclusions and Conditions

    NHTSA has reviewed the petition and has concluded that the vehicles 
covered by the petition are capable of being readily altered to comply 
with all applicable FMVSS. However, NHTSA has also decided that an RI 
who imports or modifies one of these vehicles must include in each 
statement of conformity and associated documents (referred to as a 
``conformity package'') it submits to NHTSA under 49 CFR 592.6(d) 
specific proof to confirm that the vehicle was manufactured to conform 
to, or was successfully altered to conform to, each of the following 
standards:
    Standard No. 101 Controls and Displays: The petition stated that 
the vehicles could be conformed to the standard through replacement of 
the speedometer with the U.S.-model part, which includes the BRAKE 
telltale, and reprogramming of the speedometer software.
    NHTSA has decided that a description of how the programming changes 
were completed, and how compliance with the standard was verified after 
reprogramming, must be included in each conformity package. 
Photographs, printouts, and/or images of the installation computer's 
monitor (``screenshots''), as practicable, must be submitted as part of 
the proof that the reprogramming was carried out successfully.
    Standard No. 138 Tire Pressure Monitoring Systems: The petition 
stated that the vehicles meet the requirements of the standard and are 
equipped with hardware and software that is identical to that installed 
in the U.S.-model vehicles.
    NHTSA has decided that a description of how compliance was verified 
must accompany each conformity package. Photographs, printouts, and/or 
screenshots, as practicable, must be submitted as proof that compliance 
verification (including substantiation that hardware and software 
installed in the vehicle is identical to that installed in the U.S.-
model vehicles) was carried out successfully.
    Standard No. 208 Occupant Crash Protection: The petition stated 
that a U.S.-version of the owner's manual must be provided with the 
vehicle to meet the information requirements of the standard.
    NHTSA has decided that each conformity package must include a 
detailed description of the occupant protection system, including 
photographs of all required labeling, and a description of how 
compliance was verified. Photographs, printouts, and/or screenshots, as 
practicable, must be submitted as proof that compliance verification 
(including substantiation that hardware and software installed in the 
vehicle is identical to that installed in the U.S.-model vehicles) was 
carried out successfully.
    NHTSA has also determined that each conformity package must include 
evidence showing how the RI verified that the changes it made in 
loading or reprograming vehicle software to achieve conformity with 
each separate FMVSS, did not also cause the vehicle to fall out of 
compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2009 Ford F-150 trucks that were not originally manufactured to 
comply with all applicable FMVSS, are substantially similar to MY 2009 
Ford F-150 trucks manufactured for sale in the United States, and 
certified under 49 U.S.C. 30115, and are capable of being readily 
altered to conform to all applicable FMVSS.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate

[[Page 1679]]

on the form HS-7 accompanying entry the appropriate vehicle eligibility 
number indicating that the vehicle is eligible for entry. VSP-575 is 
the vehicle eligibility number assigned to vehicles admissible under 
this notice of final decision.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-00446 Filed 1-12-16; 8:45 am]
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