Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation |
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
3 August 2017
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36184-36185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16384]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0060]
Decision That Certain Nonconforming Motor Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration.
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.
ADDRESSES: 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 publishes this decision in
the Federal Register.
NHTSA received petitions from registered importers 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 Appendix A.
Conclusions: For each vehicle identified in Appendix A, NHTSA has
reviewed the respective petition and concluded that the vehicle is
either substantially similar to its U.S. certified counterpart and
capable of being readily altered to conform to all applicable FMVSS, or
that it is capable of being altered to conform 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
[[Page 36185]]
description of how compliance was verified after alteration of the
vehicle.
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: 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. 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.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA-2014-0121
Nonconforming Vehicles: 2009 Jeep Compass Multipurpose Passenger
Vehicles
Substantially Similar U.S. Certified Vehicles: 2009 Jeep Compass
Multipurpose Passenger Vehicles
Notice of Petition Published at: 81 FR 64978 (September 21, 2016)
Vehicle Eligibility Number: VSP-589 (effective date October 31,
2016)
2. Docket No. NHTSA-2015-0023
Nonconforming Vehicles: 2010 Chevrolet Camaro Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2010 Chevrolet Camaro
Passenger Cars
Notice of Petition Published at: 82 FR 17508 (April 11, 2017)
Vehicle Eligibility Number: VSP-591 (effective date June 15, 2017)
3. Docket No. NHTSA-2016-0041
Nonconforming Vehicles: 2008 Chevrolet Silverado Trucks
Substantially Similar U.S. Certified Vehicles: 2008 Chevrolet
Silverado Trucks
Notice of Petition Published at: 81 FR 71182 (October 14, 2016)
Vehicle Eligibility Number: VSP-590 (effective date November 28,
2016)
4. Docket No. NHTSA-2016-0118
Nonconforming Vehicles: 2013 BMW R1200 GS Adventure Motorcycles
Substantially Similar U.S. Certified Vehicles: 2013 BMW R1200 GS
Adventure Motorcycles
Notice of Petition Published at: 82 FR 17082 (April 7, 2017)
Vehicle Eligibility Number: VSP-592 (effective date June 15, 2017)
5. Docket No. NHTSA-2016-0130
Nonconforming Vehicles: 2014 EMU Camper Trailer 4 x 4 Extreme
Adventure
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: 82 FR 17068 (April 7, 2017)
Vehicle Eligibility Number: VCP-63 (effective date June 15, 2017)
[FR Doc. 2017-16384 Filed 8-2-17; 8:45 am]
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