Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

Michael A. Cole
National Highway Traffic Safety Administration
13 July 2018

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32709-32710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15027]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0068]


Decision That Certain Nonconforming Motor Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (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: 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 part 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 notifies the petitioner of 
its decision by letter and publishes public notification of the 
decision in the Federal Register.
    NHTSA received petitions from registered importers to decide 
whether the vehicles listed in Annex A to this

[[Page 32710]]

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 Annex 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: When importing a 
vehicle admissible under any final decision a registered importer, or a 
person who has a contract with a registered importer to bring the 
vehicle into compliance with all applicable FMVSS following importation 
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.

Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.

ANNEX A

Nonconforming Motor Vehicles Decided To Be Eligible for Importation

1. Docket No. NHTSA-2016-0061
    Nonconforming Vehicles: 2010 Jeep Wrangler Multipurpose Passenger 
Vehicles manufactured for the Mexican domestic market.
    Substantially Similar U.S. Certified Vehicles: 2010 Jeep Wrangler 
Multipurpose Passenger Vehicles.
    Notice of Petition Published at: 82 FR 17514 (April 11, 2017).
    Vehicle Eligibility Number: VSP-593 (effective date September 13, 
2017).
2. Docket No. NHTSA-2017-0056
    Nonconforming Vehicles: 2007 Jeep Wrangler Multipurpose Passenger 
Vehicles manufactured before September 1, 2007 for the Mexican and 
other foreign Markets.
    Substantially Similar U.S. Certified Vehicles: 2007 Jeep Wrangler 
Multipurpose Passenger Vehicles.
    Notice of Petition Published at: 83 FR 9083 (March 2, 2018).
    Vehicle Eligibility Number: VSP-596 (effective date May 10, 2018).
3. Docket No. NHTSA-2017-0102
    Nonconforming Vehicles: 2006 Penman Lightweight GS Cargo Trailers.
    Because there is no substantially similar U.S.-certified version, 
the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
    Notice of Petition Published at: 83 FR 5827 (February 9, 2018).
    Vehicle Eligibility Number: VCP-64 (effective date March 30, 2018).
4. Docket No. NHTSA-2018-0006
    Nonconforming Vehicles: 2017 Ukang FT-200 Trailers.
    Because there is no substantially similar U.S.-certified version, 
the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
    Notice of Petition Published at: 83 FR 5826 (February 9, 2018).
    Vehicle Eligibility Number: VCP-65 (effective date March 30, 2018).
5. Docket No. NHTSA-2018-0012
    Nonconforming Vehicles: 2013-2014 Victory Hammer 8-Ball 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2013-2014 Victory 
Hammer 8-Ball Motorcycles.
    Notice of Petition Published at: 83 FR 12460 (March 21, 2018).
    Vehicle Eligibility Number: VSP-597 (effective date May 11, 2018).

[FR Doc. 2018-15027 Filed 7-12-18; 8:45 am]
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