Notice of Receipt of Petition for Decision That Nonconforming Model Year 2015 A. Smith GT Bentley/Bodex Model: T5 Trailers Are Eligible for Importation

Otto G. Matheke III
National Highway Traffic Safety Administration
31 January 2020

[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5772-5773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01827]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0116; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2015 A. Smith GT Bentley/Bodex Model: T5 Trailers Are 
Eligible for Importation

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

ACTION: Receipt of petition.

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SUMMARY: This document announces the National Highway Traffic Safety 
Administration (NHTSA) receipt of a petition for a decision that model 
year (MY) 2015 A. Smith GT Bentley/Bodex Model: T5 trailers 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 capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is March 2, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard along with 
the comments. Note that all comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle 
Safety Compliance, NHTSA (202-366-1012).

SUPPLEMENTARY INFORMATION: 

[[Page 5773]]

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 under 49 U.S.C. 30115, and of the same MY 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 
of each petition that it receives in the Federal Register, 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.
    America's Import & Export Authority, Inc., (Registered Importer R-
17-423), of Fort Myers, Florida has petitioned NHTSA to decide whether 
nonconforming MY 2015 A. Smith GT Bentley/Bodex Model: T5 trailers are 
eligible for importation into the United States. America's Import & 
Export Authority, Inc. believes that the vehicles are capable of being 
readily altered to conform to all applicable FMVSS.
    America's Import & Export Authority, Inc. submitted information 
with its petition intended to demonstrate that non-U.S. certified MY 
2015 A. Smith GT Bentley/Bodex Model: T5 trailers, as originally 
manufactured, conform to many applicable FMVSS, or are capable of being 
readily altered to conform to those standards. Specifically, the 
petitioner claims that the non-U.S. certified MY 2015 A. Smith GT 
Bentley/Bodex Model: T5 trailers, as originally manufactured, are only 
subject to: FMVSS Nos. 106, Brake Hoses, 108, Lamps, Reflective 
Devices, and Associated Equipment, 119, New Pneumatic Tires for Motor 
Vehicles with a GVWR of More Than 4,536 kilograms (10,000 pounds) and 
Motorcycles, 120, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of More Than 4,536 kilograms (10,000 pounds), 121, Air 
Brake Systems, 223, Rear Impact Guards, 224, Rear Impact Protection. 
The petitioner also contends that the subject non-U.S. certified 
vehicles are capable of being readily altered to meet the following 
FMVSS, in the manner indicated:
    FMVSS Nos. 119, New Pneumatic Tires for Motor Vehicles with a GVWR 
of More Than 4,536 kilograms (10,000 pounds) and Motorcycles, and 120, 
Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load 
Carrying Capacity Information for Motor Vehicles with a GVWR of More 
Than 4,536 kilograms (10,000 pounds): A tire placard will be added.
    FMVSS Nos. 223, Rear Impact Guards, and 224, Rear Impact 
Protection: The trailer is equipped with a hydraulically movable FMVSS 
No. 223 compliant rear impact guard, however, the rear portion of the 
trailer chassis is measured to be no more than 17 inches (432 
millimeters) ground clearance within 12 inches (300 millimeters) of the 
rear of the vehicle and therefore excluded from the FMVSS No. 224 
requirement.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-01827 Filed 1-30-20; 8:45 am]
 BILLING CODE 4910-59-P