Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation |
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
9 March 2016
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12562-12563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05164]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0107, Notice 2]
Decision That Nonconforming Model Year 2012 Fisker Karma
Passenger Cars 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) 2012 Fisker
Karma passenger cars (PCs) 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
importation into and sale in the United States that were certified by
their manufacturer as complying with the safety standards (the U.S.
certified version of the 2012 Fisker Karma PC), and they are capable of
being readily altered to conform to the standards.
DATES: This decision became effective on March 3, 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
[[Page 12563]]
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, 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.
Wallace Environmental Testing Laboratories Inc. (WETL) of Houston,
Texas (Registered Importer R-90-005), petitioned NHTSA to decide
whether MY 2012 Fisker Karma PCs are eligible for importation into the
United States. NHTSA published a notice of the petition on December 10,
2015 (80 FR 76741) to afford an opportunity for public comment. The
reader is referred to that notice for a thorough description of the
petition.
Comments
On January 15, 2015, comments were received from Derek Nelson
challenging the petition's representation that off-the-shelf U.S. model
components are readily available to replace non-U.S. model components,
including passenger seatbelt assemblies, passenger front airbag
modules, left knee bolsters, right knee bolsters, and instrument
clusters. Mr. Nelson further expressed the opinion that the MY 2012
Fisker Karma passenger cars should be imported only for display or
testing purposes, and that, upon completion of display or testing, the
vehicles should be exported or destroyed.
On February 9, 2016, David Strader of Karma Automotive, LLC,
responded to Mr. Nelson's comments by stating that there are sufficient
quantities of U.S. specification, off-the-shelf, safety and
instrumentation components available to the general public from
authorized service providers in the U.S. He also stated that the list
of authorized service providers is available on the Web site
www.karmaautomotive.com.
Comments and Conclusions
NHTSA has reviewed the petition, the comments from Mr. Nelson and
the response to those comments from Mr. Strader, 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 additionally decided that any RI who imports or
modifies one of these vehicles must include in the statement of
conformity and associated documents (referred to as a ``conformity
package'') it submits to NHTSA under 49 CFR 592.6(d) additional
specific proof to confirm that the vehicle was manufactured to conform
to, or was successfully altered to conform to, FMVSS No. 208 Occupant
Protection. This proof must include detailed descriptions of all
modifications made to achieve conformity with the standard, including a
detailed description of the occupant protection system in place on the
vehicle at the time was delivered to the RI and a similarly detailed
description of the occupant protection system in place after the
vehicle is altered, including photographs of all required labeling. The
description must also include parts assembly diagrams and associated
part numbers for all components that were removed from or installed on
the vehicle, a description of how any computer programming changes were
completed, and a description of how compliance was verified after
alterations were completed. Photographs (e.g., monitor print screen
captures) or report printouts, as practicable, must be submitted as
proof that any computer reprogramming was carried out successfully.
In addition to the information specified above, each conformity
package must also include evidence showing how the RI verified that any
changes it made in loading or reprogramming vehicle software to achieve
conformity with each separate FMVSS did not 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 2012 Fisker Karma passenger cars that were not originally
manufactured to comply with all applicable FMVSS are substantially
similar to 2012 Fisker Karma PCs manufactured for importation into and/
or 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
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.
VSP-577 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. 2016-05164 Filed 3-8-16; 8:45 am]
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