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Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation


American Government

Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

Michael A. Cole
National Highway Traffic Safety Administration
11 March 2019


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Pages 8782-8783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04371]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0005]


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.

-----------------------------------------------------------------------

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 are capable of being readily altered to conform 
to the standards.

DATES: These decisions became applicable on the dates specified in 
Annex A.

FOR FURTHER INFORMATION CONTACT: Neil Thurgood, Office of Vehicle 
Safety Compliance, NHTSA (202-366-0712).

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 (RIs) 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 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 substantially similar to a motor vehicle 
manufactured for importation into and/or sale in the United States and 
certified by its manufacturer under 49 U.S.C. 30115, as specified in 
Annex A, and is capable of being readily altered to conform to all 
applicable FMVSS.
    NHTSA has also concluded that each RI who imports and modifies a 
vehicle under one of the subject vehicle eligibility numbers for the 
first time must include in the statement of conformity and associated 
documents (``conformity package'') it submits to the NHTSA under 49 CFR 
part 592.6(d) explicit proof to confirm that the vehicle was, where 
applicable, originally manufactured to conform to, or was successfully 
altered to conform to, FMVSS No. 101, Controls and Displays, FMVSS No. 
138, Tire Pressure Monitoring Systems, FMVSS No. 208, Occupant Crash 
Protection, and FMVSS No. 301, Fuel System Integrity. This proof must 
include detailed descriptions of all modifications made, including a 
detailed description of systems in place (if any) on the vehicle as 
delivered to the RI, and a similarly detailed description of 
alterations made to the vehicle and said systems, including photographs 
of all required labeling. The descriptions must also include parts 
assembly diagrams and associated part numbers for all components that 
were removed from or installed in the vehicle, an accounting of any 
computer programming modifications undertaken, and a description of how 
compliance was verified after alteration of the vehicle.
    Vehicle Eligibility Number for Subject Vehicles: In order to import 
a vehicle made admissible under any final decision, the importer must 
indicate to U.S. Customs and Border Protection that the vehicle has 
been determined eligible for importation. This is done by indicating 
the eligibility number, published under that final decision, on DOT 
declaration form HS-7. 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-2017-0029

Nonconforming Vehicles: 2014 BMW X3 Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2014 BMW X3 
Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 32708 (July 13, 2018)
Vehicle Eligibility Number: VSP-598 (effective date September 7, 
2018)

[[Page 8783]]

2. Docket No. NHTSA-2017-0074

Nonconforming Vehicles: 2012 Mercedes Benz CLS 63 AMG Passenger 
Cars, manufactured for the Mexican market
Substantially Similar U.S. Certified Vehicles: 2012 Mercedes Benz 
CLS 63 AMG Passenger Cars
Notice of Petition Published at: 83 FR 31033 (July 2, 2018)
Vehicle Eligibility Number: VSP-599 (effective date September 7, 
2018)

3. Docket No. NHTSA-2018-0011

Nonconforming Vehicles: 2013 Porsche Panamera Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2013 Porsche Panamera 
Passenger Cars
Notice of Petition Published at: 83 FR 35053 (July 24, 2018)
Vehicle Eligibility Number: VSP-600 (effective date September 7, 
2018)

4. Docket No. NHTSA-2018-0007

Nonconforming Vehicles: 2016 Mercedes-Benz GL500 Multipurpose 
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2016 Mercedes-Benz 
GL500 Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61719 (November 30, 2018)
Vehicle Eligibility Number: VSP-601 (effective date February 22, 
2019)

5. Docket No. NHTSA-2018-0008

Nonconforming Vehicles: 2016 Chevrolet Equinox Multipurpose 
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2016 Chevrolet 
Equinox Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61713 (November 30, 2018)
Vehicle Eligibility Number: VSP-602 (effective date February 22, 
2019)

6. Docket No. NHTSA-2018-0029

Nonconforming Vehicles: 2015 Chevrolet Silverado Trucks
Substantially Similar U.S. Certified Vehicles: 2015 Chevrolet 
Silverado Trucks
Notice of Petition Published at: 83 FR 61714 (November 30, 2018)
Vehicle Eligibility Number: VSP-603 (effective date February 22, 
2019)

7. Docket No. NHTSA-2018-0014

Nonconforming Vehicles: 2005 Chevrolet Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Chevrolet 
Corvette Passenger Cars
Notice of Petition Published at: 83 FR 61711 (November 30, 2018)
Vehicle Eligibility Number: VSP-604 (effective date February 22, 
2019)

8. Docket No. NHTSA-2018-0013

Nonconforming Vehicles: 2015 Bentley Continental Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2015 Bentley 
Continental Passenger Cars
Notice of Petition Published at: 83 FR 61710 (November 30, 2018)
Vehicle Eligibility Number: VSP-605 (effective date February 22, 
2019)

9. Docket No. NHTSA-2018-0069

Nonconforming Vehicles: 2008 Jeep Grand Cherokee Multipurpose 
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2008 Jeep Grand 
Cherokee Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61715 (November 30, 2018)
Vehicle Eligibility Number: VSP-606 (effective date February 22, 
2019)

10. Docket No. NHTSA-2018-0070

Nonconforming Vehicles: 2011 Mercedes-Benz GL550 Multipurpose 
Passenger Vehicles (CMVSS Certified)
Substantially Similar U.S. Certified Vehicles: 2011 Mercedes-Benz 
GL550 Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61718 (November 30, 2018)
Vehicle Eligibility Number: VSP-607 (effective date February 22, 
2019)

11. Docket No. NHTSA-2018-0088

Nonconforming Vehicles: 2015 Ferrari 458 Speciale Aperta Passenger 
Cars
Substantially Similar U.S. Certified Vehicles: 2015 Ferrari 458 
Speciale Aperta Passenger Cars
Notice of Petition Published at: 83 FR 61717 (November 30, 2018)
Vehicle Eligibility Number: VSP-608 (effective date February 22, 
2019)

[FR Doc. 2019-04371 Filed 3-8-19; 8:45 am]
 BILLING CODE 4910-59-P

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