Notice of Receipt of Petition for Decision That Nonconforming Model Year 2015 Ford Fusion SE Passenger Cars Are Eligible for Importation

Topics:  Ford Fusion

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

[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5771-5772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01829]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0119; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2015 Ford Fusion SE Passenger Cars 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 Ford Fusion SE 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 that 
were originally manufactured for sale in the United States and that 
were certified by their manufacturer as complying with the safety 
standards (the U.S.-certified version of the 2015 Ford Fusion SE PCs) 
and 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: 

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.
    G&K Automotive Conversion, Inc, (Registered Importer R-90-007), of 
Santa Ana, California has petitioned NHTSA to decide whether 
nonconforming 2015 Ford Fusion SE PCs are eligible for importation into 
the United States. G&K Automotive Conversion believes the vehicles are 
substantially similar to MY 2015 Ford Fusion SE PCs sold in the United 
States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2015 
Ford Fusion SE PCs to their U.S.-certified counterparts, and found the 
vehicles to

[[Page 5772]]

be substantially similar with respect to compliance with most FMVSS.
    G&K Automotive Conversion, Inc. submitted information with its 
petition intended to demonstrate that non-U.S. certified MY 2015 Ford 
Fusion SE PCs, as originally manufactured, conform to many applicable 
FMVSS in the same manner as their U.S.-certified counterparts, or are 
capable of being readily altered to conform to those standards. 
Specifically, the petitioner claims that the non-U.S. certified MY 2015 
Ford Fusion SE PCs, as originally manufactured, conform to: FMVSS Nos. 
101, Controls and Displays, 102, Transmission Shift Position Sequence, 
Starter Interlock, and Transmission Braking Effect, 103, Windshield 
Defrosting and Defogging Systems, 104, Windshield Wiping and Washing 
Systems, 106, Brake Hoses, 113, Hood Latch System, 114, Theft 
Protection and Rollaway Prevention, 116, Motor Vehicle Brake Fluids, 
118, Power-Operated Window, Partition, and Roof Panel Systems, 124, 
Accelerator Control Systems, 126, Electronic Stability Control Systems, 
135, Light Vehicle Brake Systems, 138, Tire Pressure Monitoring 
Systems, 139, New Pneumatic Radial Tires for Light Vehicles, 201, 
Occupant Protection in Interior Impact, 202, Head Restraints, 204, 
Steering Control Rearward Displacement, 205, Glazing Materials, 206, 
Door Locks and Door Retention Components, 207, Seating Systems, 208, 
Occupant Crash Protection, 209, Seat Belt Assemblies, 210, Seat Belt 
Assembly Anchorages, 212, Windshield Mounting, 214, Side Impact 
Protection, 216, Roof Crush Resistance, 219, Windshield Zone Intrusion, 
225, Child Restraint Anchorage Systems, 301, Fuel System Integrity, and 
302, Flammability of Interior Materials, 401, Internal Trunk Release.
    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 No. 101 Controls and Displays: Modification of the 
speedometer for units of miles per hour. FMVSS No. 108, Lamps, 
Reflective Devices and Associated Equipment: Replacement of the front 
and rear side markers. FMVSS No. 110, Tire Selection and Rims and Motor 
Home/Recreation Vehicle Trailer Load Carrying Capacity Information for 
Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less: 
Installation of the required tire information placard. FMVSS No. 111, 
Rear Visibility: Inscription of the required warning statement on the 
face of the passenger mirror.
    The petitioner additionally stated that a vehicle anti-theft device 
will be installed, if needed, to meet the requirements of 49 CFR part 
541, Anti-Theft Devices. The petitioner further stated, that a vehicle 
identification plate must be affixed to the vehicle, near the left 
windshield pillar, to meet the requirements of 49 CFR part 565, Vehicle 
Identification Requirements, as well as, a reference and certification 
label added to the left front door post area to meet the requirements 
of 49 CFR part 567, Certification. The petitioner also stated that the 
vehicles meet the requriements of 49 CFR part 581, Bumper Standard.

    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. 2020-01829 Filed 1-30-20; 8:45 am]
 BILLING CODE 4910-59-P