Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation

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]
 BILLING CODE 4910-59-P