Certification; Importation of Vehicles and Equipment Subject to Federal Safety, Bumper, and Theft Prevention Standards; Registered Importers of Vehicles Not Originally Manufactured To Conform to the Federal Motor Vehicle Safety Standards |
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Topics: National Highway Traffic Safety Administration
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Daniel C. Smith
January 14, 2011
[Federal Register: January 14, 2011 (Volume 76, Number 10)]
[Proposed Rules]
[Page 2631-2639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja11-21]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567, 591, 592, and 593
[Docket No. NHTSA 2009-0143; Notice 1]
RIN 2127-AK32
Certification; Importation of Vehicles and Equipment Subject to
Federal Safety, Bumper, and Theft Prevention Standards; Registered
Importers of Vehicles Not Originally Manufactured To Conform to the
Federal Motor Vehicle Safety Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes several amendments to the regulations
pertaining to registered importers (``RIs'') of motor vehicles not
originally manufactured to comply with all applicable Federal motor
vehicle safety, bumper, and theft prevention standards. The agency
proposes amending RI application and renewal requirements to enable the
agency to deny or revoke registration to entities that have been
convicted of a crime related to the importation, purchase, or sale of a
motor vehicle or motor vehicle equipment. Also, the RI would be
required to certify that it destroyed or exported nonconforming motor
vehicle equipment removed from a vehicle during conformance
modifications. The agency is also proposing new requirements for motor
vehicles imported under import eligibility petitions, adopting a
clearer definition of the term ``model year'' for import eligibility
purposes, and requiring that import eligibility petitions include the
type classification and gross vehicle weight rating (``GVWR'') of the
subject vehicle. This notice also proposes several amendments to the RI
regulations that would include adding citations to provisions that can
be used as a basis for the non-automatic suspension of an RI
registration, deleting redundant text from another provision, and
revising several sections to include the agency's current mailing
address.
DATES: Comments should be submitted early enough to ensure that Docket
Management receives them by February 28, 2011.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m. ET, Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement published in the Federal Register (65 FR
19477-78 (Apr. 11, 2000)) or you may visit http://www.dot.gov/privacy/
privacyactnotices /.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: For non-legal issues contact Clint
Lindsay, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC
20590 (202-366-5288). For legal issues contact Nicholas Englund, Office
of Chief Counsel, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590 (202-366-5263).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background of this rulemaking action
A. The 1968 Importation Regulations (19 CFR 12.80) and the
Imported Vehicle Safety Compliance Act of 1988 (Pub. L. 100-562).
B. Previous regulatory actions.
1. The 2000 notice of proposed rulemaking (65 FR 69810 (Nov. 20,
2000)).
2. The 2004 final rule (69 FR 52070 (Aug. 24, 2004)).
II. Proposed substantive amendments to the RI regulations
A. The Agency may deny or revoke the RI status of entities
convicted of certain crimes.
B. Information submitted in annual RI registration renewals must
be true and correct.
C. RIs must certify destruction or exportation of nonconforming
motor vehicle equipment removed from imported vehicles during
conformance modifications.
D. Establishing procedures for importation of motor vehicles for
the purpose of preparing an import eligibility petition.
E. Adopting a clearer definition of the term ``Model Year'' for
the purpose of import eligibility decisions.
F. Requiring import eligibility petitions to identify the type
classification and gross
[[Page 2632]]
vehicle weight rating (``GVWR'') of the subject vehicles.
G. Identifying a violation of regulations in part 592 as a basis
for the non-automatic suspension or revocation of an RI
registration.
H. Deletion of redundant text from 49 CFR 592.5(a) identifying
contents of the RI application.
III. Technical Corrections
A. Revisions to certain provisions to reflect the agency's new
street address.
IV. Effective Date
V. Rulemaking Analyses and Notices Regulatory Text
I. Background of This Rulemaking Action
A. The 1968 Importation Regulations (19 CFR 12.80) and the Imported
Vehicle Safety Compliance Act of 1988 (Pub. L. 100-562)
The National Traffic and Motor Vehicle Safety Act of 1966 as
amended (``the Safety Act''), now codified at 49 U.S.C. Chapter 301
(``Motor Vehicle Safety''), requires imported vehicles to meet Federal
motor vehicle safety standards (``FMVSS'') as well as bumper and theft
prevention standards. Effective January 10, 1968, a regulation jointly
issued by NHTSA and the United States Customs Service (``Customs''), 12
CFR 12.80, allowed permanent importation of motor vehicles not
originally manufactured to meet applicable FMVSS if, within 120 days,
the importer demonstrated that the vehicle had been brought into
compliance with those standards.
The Imported Vehicle Safety Compliance Act of 1988 (Pub. L. 100-
562, ``the 1988 Act''), which became effective on January 31, 1990,
limited the importation of vehicles that did not comply with the FMVSS
to those capable of being modified to comply. To enhance oversight, the
1988 Act required that necessary modifications be performed by
``registered importers'' (``RIs''). RIs are business entities that have
proven to NHTSA that they are technically and financially capable of
importing nonconforming motor vehicles and of performing the necessary
modifications on those vehicles so that they conform to all applicable
FMVSS. See generally, 49 U.S.C. 30141-30147.
B. Previous Regulatory Actions
1. The 2000 Notice of Proposed Rulemaking (65 FR 69810 (Nov. 20, 2000))
As mandated by the 1988 Act, the agency issued regulations covering
the RI program (49 CFR parts 591 through 594) which superseded 12 CFR
12.80. See 54 FR 40069, Sept. 29, 1989.
After about a decade of experience with the initial regulations
under the 1988 Act, the agency identified a number of unanticipated
difficulties in administering the RI program. To address these
difficulties and to ensure that imported vehicles were properly brought
into conformance, the agency tentatively concluded that more
information from applicants and more specificity about the duties of
RIs would be necessary. NHTSA published a Notice of Proposed Rulemaking
(``NPRM'') on November 20, 2000 seeking to clarify RI duties and
application requirements. 65 FR 69810, Nov. 20, 2000. The NPRM proposed
amendments clarifying the registration, suspension, and revocation
procedures for RIs.
2. The 2004 Final Rule (69 FR 52070 (Aug. 24, 2004))
After considering the comments to the NPRM, the agency published a
final rule amending the importation regulations on August 24, 2004. 69
FR 52070, Aug. 24, 2004. These amendments established new requirements
for RI applicants and further delineated the duties of RIs. The
amendments also clarified the procedures for suspending or revoking RI
registrations.
II. Proposed Substantive Amendments to the RI Regulations
A. The Agency May Deny or Revoke the RI Status of Entities Convicted of
Certain Crimes
The statute authorizing the RI program directs the agency to
``establish procedures for registering a person who complies with
requirements prescribed by the Secretary [of Transportation] by
regulation under this subsection [49 U.S.C. 30141(c)] * * * '' As part
of its responsibilities, an RI has the duty to ensure that each
nonconforming vehicle that it imports or agrees to modify is brought
into compliance with all applicable Federal motor vehicle safety and
bumper standards, that an accurate statement of conformity is submitted
to NHTSA certifying the vehicle's compliance following the completion
of the modifications, and that the vehicle is not released for
operation on the public roads until NHTSA releases the conformance
bond. The agency approves RIs for the specific purpose of carrying out
these important safety responsibilities. In this respect, each RI
occupies a position of public trust to ensure that nonconforming
vehicles imported under its auspices are properly conformed to all
applicable standards before they are operated on public roads in the
United States.
Congress provided a non-exhaustive list of requirements that NHTSA
should adopt to promote integrity in the RI program. These include
record keeping requirements, records and facilities inspection
authority, and establishing technical and financial requirements. The
statute does not explicitly address denying, suspending, or revoking RI
registrations except in circumstances in which a person had failed to
comply with motor vehicle regulations, has failed to pay required fees,
or has already had a registration revoked.
Conviction of a crime related to the importation, purchase, or sale
of a motor vehicle or motor vehicle equipment is, in NHTSA's view,
inconsistent with holding a position of public trust such as being an
RI.
The 2004 Rule (69 FR 52070, Aug. 24, 2004) required applicants to
disclose the Social Security numbers of RI principals so the agency
could perform criminal background checks. See 69 FR 52074, Aug. 24,
2004. The primary goal of these background checks was to ensure RI
accountability and compliance with legal requirements. Id. at 52073-74.
Applications that did not disclose Social Security numbers would be
denied. Id. Two commenters to that final rule supported denying
registration to applicants with a felony record involving motor
vehicles or the motor vehicle business; no one opposed it. Id. at
52074.
After adopting the rule, a petition for reconsideration challenged
the use of RIs' Social Security numbers to perform background checks.
See 70 FR 57797, Oct. 4, 2005. In response, the agency reassessed the
need for applicants to submit Social Security numbers. NHTSA determined
that disclosure of Social Security numbers was unnecessary. Id.
Accordingly, the agency amended sections 592.5(a)(4)(ii) and (iii),
eliminating requirements that RI applicants disclose Social Security
numbers. Id.
We now propose amending the RI regulations to prevent entities
convicted of certain crimes from gaining or maintaining RI status. We
propose amending 49 CFR 592.5(e)(1) to state that the agency may deny
registration to applicants who have been convicted of a crime related
to the importation, purchase or sale of motor vehicles or motor vehicle
equipment. We also propose amending the regulations to allow the agency
to deny registration to an applicant if any person associated with
direct or indirect ownership or control of the applying entity, or any
person employed by or associated with the applicant or applying entity,
has been convicted of a crime related to the
[[Page 2633]]
importation, purchase or sale of motor vehicles or motor vehicle
equipment. These offenses include, but are not limited to, title fraud,
odometer fraud, or the sale of stolen vehicles. For the purposes of
this rulemaking, the phrase ``convicted of a crime'' means a criminal
conviction, whether entered on a verdict or plea, including a plea of
nolo contendere, for which sentence has been imposed, whether convicted
in U.S. or foreign jurisdictions.
Similarly for RIs seeking to renew their registration, we propose
adding a new paragraph (i) to 49 CFR 592.5 that would allow the agency
to deny registration renewal to RIs who have been convicted of a motor
vehicle related crime.
The integrity of the RI program is also vulnerable to abuse when an
entity, after becoming an RI, is convicted of a motor vehicle related
crime. A convicted entity, possessing current registration and knowing
that its registration will not be renewed, may have little incentive to
faithfully follow its duties as an RI. The agency believes waiting
until the end of the fiscal year to deny registration renewal to a
convicted entity is an unacceptable risk. To protect the program from
this risk, we propose amending Section 592.5(f) to state that an
existing RI or any person who directly or indirectly owns or controls,
or has common ownership or control of the RI's business, must not be
convicted of a crime related to the importation, purchase, or sale of a
motor vehicle or motor vehicle equipment. After the RI has been
convicted, RI status may be revoked under Section 592.7(b).
B. Information Submitted in Annual RI Registration Renewal Must Be True
and Correct
Under 49 CFR 592.5(a)(11), parties applying for RI status must
certify that all information provided in the application is true and
correct. As noted above, RIs occupy a position of public trust by
certifying that imported nonconforming vehicles have been brought into
conformity with all applicable safety standards. In deciding whether to
register an applicant as an RI, the agency must be able to trust that
the information provided in the application is accurate and truthful.
If the agency discovers that an applicant submitted false or inaccurate
information, the application may be denied. 49 CFR 592.5(e)(1).
NHTSA's regulations require RIs to annually renew their
registrations. When evaluating a request for renewal, the Administrator
must be able to rely on the accuracy and truthfulness of the annual
statement submitted in support of that request, under 49 CFR 592.5(f)
and 592.6(k). However, existing RIs are not currently required to
certify that the renewal request is truthful. Therefore, we are
proposing to amend Sec. 592.5(f) and Sec. 592.6(k) to require an RI
to certify that all the information submitted in its annual renewal
statement is true and correct. Any RI making a false or inaccurate
certification in this statement may have its registration suspended or
revoked pursuant to Sec. 592.7(b).
C. RIs Must Certify Destruction or Exportation of Nonconforming Motor
Vehicle Equipment Removed From Imported Vehicles During Conformance
Modifications
The 1988 Act allows an RI to permanently import nonconforming
vehicles if NHTSA has determined that the vehicle can be modified to
comply with all applicable FMVSS. RIs must often remove nonconforming
motor vehicle equipment items and replace the components with equipment
meeting applicable FMVSS. Motor vehicle equipment items subject to the
FMVSS include tires, wheels, brake hoses, brake fluid, seat belt
assemblies, lighting equipment, and glazing.
NHTSA has previously directed RIs to destroy or export the
noncompliant equipment they remove from the vehicles they conform and
to certify to NHTSA that they have done so in the statements of
conformity that they submit for those vehicles.
Despite these efforts, there have been instances where
nonconforming equipment removed from vehicles by RIs has been offered
for sale. To help ensure that this noncompliant equipment does not
enter interstate commerce, we propose amending Sec. 592.6(d) to
require RIs to certify that such equipment has been destroyed or
exported. This certification would be made in the statement of
conformity RIs submit to the agency upon the completion of all
conformance modifications. Failing to certify the destruction or
exportation of nonconforming equipment items removed from imported
vehicles would result in the agency withholding release of the DOT
conformance bond furnished for the vehicle at its time of entry and may
also subject the RI to the suspension or revocation of its
registration.
D. Establishing Procedures for Importation of Motor Vehicles for the
Purpose of Preparing an Import Eligibility Petition
A motor vehicle not originally manufactured to meet applicable
FMVSS may not be imported on a permanent basis unless NHTSA determines,
on its own initiative or upon the petition of an RI, that the vehicle
is eligible for importation. 49 U.S.C. 30141(a)(1)(A).
Two categories of vehicles are eligible for importation under
section 30141(a)(1). The first are vehicles that can be readily altered
to conform to the FMVSS and are substantially similar to vehicles
certified as conforming to those standards (i.e., U.S.-certified
counterparts). The second category covers vehicles that do not have a
substantially similar U.S.-certified counterpart but are capable of
being altered to comply with all applicable FMVSS. In the latter
category, proof of compliance is based on dynamic test data or evidence
that NHTSA decides adequately demonstrates compliance. After NHTSA
decides that a particular model and model year vehicle is eligible for
importation, the agency assigns the vehicle a unique vehicle
eligibility number that permits entry of the vehicle into the United
States.
To develop a petition, an RI may need to physically examine at its
facility in the United States a motor vehicle that was not certified by
its manufacturer as complying with all applicable FMVSS and compare
that vehicle to a U.S.-certified vehicle of the same model and model
year. If there is no substantially similar U.S.-certified vehicle, the
RI may need to import as many as two motor vehicles in order to conduct
crash tests and submit to NHTSA in conjunction with its petition the
resultant test data or other evidence that the agency decides is
adequate to show that the vehicle has safety features that comply with,
or are capable of being altered to comply with, all applicable FMVSS.
NHTSA has previously informed RIs that only one vehicle may be imported
for the purpose of preparing an import eligibility petition, unless
destructive test data is needed, in which case the agency will
authorize the importation of one additional vehicle.
These allowances have been made on an ad hoc basis. In May 2006,
NHTSA amended the HS-7 Declaration form by including a new Box 13 to
permit the entry of nonconforming vehicles by RIs for the purpose of
preparing an import eligibility petition. When it amended the form, the
agency did not make corresponding amendments to 49 CFR part 591 to
reflect the new contents of the HS-7 Declaration form. The agency is
now proposing such an amendment to Sec. 591.5.
NHTSA seeks to adopt a rule that will facilitate import eligibility
petitions
[[Page 2634]]
without imposing unnecessary burdens on RIs or on the agency. To this
end, NHTSA encourages commenters to state whether importing one vehicle
is sufficient for the purpose of preparing an import eligibility
petition for a substantially similar U.S.-certified vehicle and whether
the importation of two vehicles is sufficient where destructive crash
test data is required to prove compliance with all applicable FMVSS.
Under today's proposal, an RI seeking to import a vehicle needed for
preparing an import eligibility petition would inform NHTSA that it
will, or has, petitioned the agency for an import eligibility decision.
The RI would then need NHTSA's written permission to import the
vehicle. RIs would be required to follow this procedure and could not
declare the vehicle under Box 3 as one that has already been determined
eligible for importation, or enter an agency-assigned vehicle
eligibility number on the form. Improper use of an agency-assigned
vehicle eligibility number on the HS-7 Declaration form for a vehicle
imported to prepare an eligibility petition will be considered a
violation of 49 U.S.C. 30112(a) and 49 CFR 592.6(a), which requires an
RI to assure that the vehicle it imports is eligible for importation
pursuant to 49 CFR part 593. Such a violation would subject the RI to
the suspension or revocation of its registration. See 49 CFR
592.7(b)(1).
Vehicles imported for the purpose of preparing an import
eligibility petition would only be authorized to remain in the United
States for a limited time. The importing RI would be required to file
an import eligibility petition with the agency within 180 days of the
vehicle's entry date. The RI would be required to declare that it will
destroy, export, or abandon the vehicle to the United States if NHTSA
dismisses or denies the petition, if the RI withdraws the petition, or
if the RI does not file a petition within 180 days from the date of
entry. The RI would be required to have the vehicle destroyed,
delivered to Customs for exportation, or abandoned to the United States
within 30 days from the date of the dismissal, denial, or withdrawal of
the RI's petition, as appropriate, or within 210 days from the date of
the vehicle's entry if the RI fails to submit a petition. The RI would
also be required to submit to NHTSA documentary proof of the vehicle's
destruction, exportation, or abandonment within 15 days from the date
of such action.
An RI would not need to obtain a DOT conformance bond when
importing a nonconforming vehicle for the purpose of preparing an
import eligibility petition because these bonds are only needed when
NHTSA has decided that a particular vehicle is capable of being
modified to meet U.S. standards. The proposal thus relies on the use of
a Temporary Importation Bond (``TIB''). The TIB serves as the RI's
promise that the vehicle, which is imported on a temporary basis for up
to one year for the purpose of testing or inspection, will be exported
or destroyed. The RI must post a TIB with U.S. Customs and Border
Protection (``CBP'') for twice the amount of duty, taxes, etc. that
would otherwise be due at the time the vehicle is imported. If the RI
does not export or destroy the vehicle, it is subject to forfeiture of
the TIB and penalties for violations of NHTSA's regulations including
civil penalties and the suspension or revocation of the RI's
registration.
The agency is also proposing that once an eligibility petition is
granted, the RI must furnish a DOT conformance bond, export the
vehicle, abandon the vehicle to the United States, or destroy it. If
the RI intends to bring the vehicle into compliance, a complete
conformance package must be submitted to the agency within 120 days
from the date the petition is granted. If the vehicle has been
destroyed, the RI must submit documentary proof of the destruction to
the agency within 30 days from the date destruction. These recitals
would be reflected in the text that the agency is proposing to add to
Sec. 591.5.
E. Adopting a Clearer Definition of the Term ``Model Year'' for the
Purpose of Import Eligibility Decisions
When an import eligibility petition is based on the substantial
similarity of the subject vehicle to a U.S.-certified counterpart,
section 30141(a)(1)(A) requires the agency to make the eligibility
decision on a model and model year basis. If there is no substantially
similar U.S.-certified counterpart, the statute does not specify that
the decision be made on a model year basis.
Vehicles manufactured for sale in the United States are typically
assigned model year designations for marketing purposes. Although the
model year traditionally begins on September 1, it can begin on other
dates as well. A date that is more important from the agency's
perspective is the vehicle's ``date of manufacture,'' defined as the
date on which manufacturing operations are completed on a vehicle at
its place of main assembly. See 49 CFR 571.7 and 49 CFR 567.4(g)(2).
The agency uses a vehicle's date of manufacture to identify the
specific FMVSS requirements that the vehicle must be certified to meet.
Manufacturers of vehicles intended for sale in the U.S. must affix to
those vehicles a label that, among other things, identifies the
vehicle's date of manufacture and certifies that the vehicle complies
with all applicable FMVSS in effect on that date. 49 U.S.C. 30115; 49
CFR 567.4(g). The model year designation that a manufacturer assigns to
a U.S.-certified vehicle has no bearing on the vehicle's compliance
with applicable FMVSS.
Many European manufacturers do not use a model year designation for
vehicles manufactured for their own markets. Instead, they rely on the
calendar year in which the vehicle is produced. Moreover, the countries
in which these vehicles are produced generally do not assign model year
designations. Although, as previously noted, September 1 through August
31 is commonly accepted as the model year for the purpose of marketing
vehicles in the United States, these dates have limited relevance, if
any, to vehicles that are produced for sale abroad. Consequently, the
agency is proposing to amend 49 CFR 593.4 by deleting ``the calendar
year that begins on September 1 and ends on August 31 of the next
calendar year,'' as one of the alternative definitions of the term
``model year,'' and adopting in its place ``the calendar year (i.e.,
January 1 through December 31) in which manufacturing operations are
completed on the vehicle at its place of main assembly.'' This language
corresponds to 49 CFR 567.4(g)(2), which identifies how the date of
manufacture is to be selected for the purpose of a vehicle's
certification label.
This change should eliminate much of the confusion now confronting
RIs over the issue of whether a given vehicle manufactured for sale
abroad has a substantially similar U.S.-certified counterpart of the
same model year.
After an RI performs all modifications necessary to conform a
vehicle to all applicable Federal motor vehicle safety and bumper
standards, and remedies all noncompliances and defects that are the
subject of any pending safety recalls, the RI must permanently affix to
the vehicle a certification label that meets the content requirements
of 49 CFR 567.4(k). Under 49 CFR 567.4(k)(4)(i), the RI must identify
the vehicle's model year or year of manufacture on the label. We
propose to amend 49 CFR 567.4(k)(4)(i) to reflect the proposed
definition of model year that would be added to 49 CFR 593.4.
[[Page 2635]]
F. Requiring Import Eligibility Petitions To Identify the Type
Classification and Gross Vehicle Weight Rating (``GVWR'') of the
Subject Vehicles
In making import eligibility determinations, the agency determines
the safety standards applicable to a particular vehicle by, among other
things, taking account of the model, model year, the type
classification, and the gross vehicle weight rating (``GVWR'') of the
vehicle. The various type classifications that a vehicle can be
assigned are defined in the agency's regulations at 49 CFR 571.3. Those
type classifications include passenger car, multipurpose passenger
vehicle (``MPV''), truck, bus, motorcycle, trailer, and low speed
vehicle (``LSV''). The regulations also define GVWR as the loaded
weight of the vehicle as specified by the original manufacturer. 49 CFR
571.3.
The agency has ready access to the type classification and GVWR for
U.S.-certified vehicles. Manufacturers of U.S.-certified vehicles must
identify the type classification on the vehicle's certification label.
See 49 CFR 567.4. Manufacturers must also identify on the certification
label the GVWR they have assigned to the vehicle. 49 CFR 567.4(g)(3).
However, determining the type classification and GVWR of a motor
vehicle without a substantially similar U.S.-certified counterpart can
be difficult. The agency may expend considerable time and effort
ascertaining this information, thereby delaying the processing of the
petition.
To rectify this situation, NHTSA is proposing that all import
eligibility petitions must include the type classification and the GVWR
assigned to the vehicle by its original manufacturer. Under 49 CFR
593.6(b), petitions must now include the model and model year of the
subject vehicle, as well as data, views, and arguments demonstrating
that the vehicle has safety features that comply with, or are capable
of being modified to comply with, all applicable FMVSS. This proposal
would amend 49 CFR 593.6(b) by adding language to require
identification of the vehicle's type classification and GVWR as defined
in 49 CFR 571.3.
G. Identifying a Violation of Regulations in Part 592 as a Basis for
The Non-Automatic Suspension or Revocation of an RI Registration
NHTSA is required by statute to establish procedures for revoking
or suspending an RI's registration for not complying with a requirement
of 49 U.S.C. 30141-30147, or any of 49 U.S.C. 30112, 30115, 30117-
30122, 30125(c), 30127, or 30166, or any regulations issued under these
sections. 49 U.S.C. 30141(c)(4). Regulations implementing this
provision are found at 49 CFR 592.7. The agency amended Sec. 592.7(b)
as part of the 2004 rule to list the regulations, if violated, that are
grounds for suspension or revocation. These regulations were identified
as including, but not being limited to, parts 567, 568, 573, 577, 591,
593, and 594. Part 592 was inadvertently omitted from this list (which
was not exclusive); we now propose amending the provision to add Part
592.
H. Deletion of Redundant Text From 49 CFR 592.5(a) Identifying Contents
of the RI Application
49 CFR 592.5(a)(4)(v) requires an application for registration as
an RI to include the statement that ``the applicant has never had a
registration revoked pursuant to Sec. 592.7, nor is it, nor was it,
directly or indirectly, owned or controlled by, or under common
ownership or control with, a Registered Importer that has had a
registration revoked pursuant to Sec. 592.7.'' This requirement is
also expressed, in identical language, in Sec. 592.5(a)(6). To correct
this redundancy, we propose deleting the text at Sec. 592.5(a)(4)(v).
III. Technical Corrections
Revisions to Certain Provisions To Reflect the Agency's New Street
Address
Sections 591.6(f)(1), 592.5(a)(1), 592.8(b), 593.5(b)(2), and
593.10(a), prescribe requirements for submitting information to NHTSA
and list the agency's address. The agency will amend these sections to
reflect the agency's new street address. This does not require notice
and comment but, for ease of administration, we are including it in
this notice.
IV. Effective Date
The amendments proposed in this notice would become effective 60
days after issuance of the final rule, apart from those revising
provisions that identify the agency's street address.
V. Rulemaking Analyses and Notices Regulatory Text
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), provides for making determinations as to whether
a regulatory action is ``significant'' and therefore subject to Office
of Management and Budget (``OMB'') review and subject to the
requirements of the Executive Order. The Order defines a ``significant
regulatory action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is not significant.
Accordingly, the Office of Management and Budget has not reviewed this
rulemaking document under Executive Order 12886. Further, NHTSA has
determined that the rulemaking is not significant under the Department
of Transportation's regulatory policies and procedures. NHTSA currently
anticipates the costs of the final rule to be so minimal as not to
warrant preparation of a full regulatory evaluation. The action does
not involve any substantial public interest or controversy. There would
be no substantial effect upon State and local governments. There would
be no substantial impact upon a major transportation safety program. A
regulatory evaluation analyzing the economic impact of the final rule
establishing the RI program, adopted on September 29, 1989, was
prepared, and is available for review in the docket.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (``SBREFA''), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within
[[Page 2636]]
the United States.'' See 13 CFR 121.105(a). No regulatory flexibility
analysis is required if the head of an agency certifies that the rule
would not have a significant economic impact on a substantial number of
small entities. The SBREFA amended the Regulatory Flexibility Act to
require Federal agencies to provide a statement of the factual basis
for certifying that a rule would not have a significant economic impact
on a substantial number of small entities.
The agency has considered the effects of this proposed rulemaking
under the Regulatory Flexibility Act, and certifies that if the
proposed amendments are adopted they would not have a significant
economic impact upon a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The proposed amendments would
primarily affect entities modifying nonconforming vehicles that are
small businesses within the meaning of the Regulatory Flexibility Act.
At present, 65 such entities are registered with NHTSA. The proposed
amendments would not significantly increase operating costs for any of
these entities or impose any additional financial burden upon them.
Small governmental jurisdictions would not be affected at all since
they are generally neither importers nor purchasers of nonconforming
motor vehicles.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's NPRM pursuant to Executive Order 13132
(64 FR 43255; Aug. 10, 1999) and believes that no additional
consultation with States, local governments, or their representatives
is mandated beyond the rulemaking process. The agency believes that the
NPRM, if made final, would not have sufficient federalism implications
to warrant consultation with State and local officials or the
preparation of a federalism summary impact statement. This NPRM, if
made final, would not have ``substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.''
D. National Environmental Policy Act
NHTSA has analyzed this action for the purposes of the National
Environmental Policy Act. The action would not have a significant
effect upon the environment because it is not likely to change the
volume of motor vehicles imported through RIs.
E. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988 ``Civil Justice Reform,'' this
agency has considered whether this proposed rule would have any
retroactive effect. NHTSA concludes that this proposed rule would not
have any retroactive effect. Judicial review of a rule based on this
proposal may be obtained pursuant to 5 U.S.C. 702. That section does
not require that a petition for reconsideration be filed prior to
seeking judicial review.
F. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because a final rule based on
this proposal would not require the expenditure of resources beyond
$100 million annually, this action is not subject to the requirements
of Sections 202 and 205 of the UMRA.
G. Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
--Have we organized the material to suit the public's needs?
--Are the requirements in the proposed rule clearly stated?
--Does the proposed rule contain technical language or jargon that is
unclear?
--Would a different format (grouping and order of sections, use of
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?
If you have any responses to these questions, please include them
in your comments on this document.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. Today's NPRM
includes collections of information that are part of ``Importation of
Vehicles and Equipment Subject to the Federal Motor Vehicle Safety,
Bumper, and Theft Prevention Standards,'' OMB control number 2127-0002.
This clearance is valid though November 30, 2010. NHTSA has submitted
to OMB a request for renewal of OMB control number 2127-0002. The
request for renewal addresses the minor increase in the collection of
information that would result if this NPRM is made final.
I. Executive Order 13045
Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us.
This rulemaking is not economically significant and no analysis of
its impact on children is required.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs NHTSA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
[[Page 2637]]
adopted by voluntary consensus standards bodies, such as the Society of
Automotive Engineers (``SAE''). The NTTAA directs the agency to provide
Congress, through the OMB, with explanations when we decide not to use
available and applicable voluntary consensus standards.
After conducting a search of available sources, we have concluded
that there are no voluntary consensus standards applicable to this
proposed rule.
K. Public Participation
How do I prepare and submit comments?
Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management identified at the beginning of this
document, under ADDRESSES.
How can I be sure that my comments were Rrceived?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
at the beginning of this document under FOR FURTHER INFORMATION
CONTACT. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address given at the beginning of this document under
ADDRESSES. When you send a comment containing information claimed to be
confidential business information, you should include a cover letter
setting forth the information specified in our confidential business
information regulation, 49 CFR part 512.
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date identified at
the beginning of this notice under DATES. To the extent possible, we
will also consider comments that Docket Management receives after that
date. If Docket Management receives a comment too late for us to
consider in developing a final rule, we will consider that comment as
an informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address and times given at the beginning of this document under
ADDRESSES.
You may also read the comments on the Internet. To read the
comments on the Internet, take the following steps:
(1) Go to the Federal Docket Management System (``FDMS'') Web page
http://www.regulations.gov.
(2) On that page, click on ``search for dockets.''
(3) On the next page (http://www.regulations.gov/fdmspublic/
component/main), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
from the drop-down menu in the Agency field, enter the Docket ID number
and title shown at the heading of this document, and select
``RULEMAKING'' from the drop-down menu in the Type field.
(4) After entering that information, click on ``submit.''
(5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see. You may
download the comments. Although the comments are imaged documents,
instead of the word processing documents, the ``pdf'' versions of the
documents are word searchable. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.
L. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (``RIN'') to each regulatory action listed in the Unified Agenda
of Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.
List of Subjects in 49 CFR parts 567, 591, 592, and 593
Imports, Motor Vehicle Safety, Motor Vehicles, Reporting and
Recordkeeping Requirements.
In consideration of the foregoing, the agency proposes to amend
part 567, Certification, part 591, Importation of Vehicles and
Equipment Subject to Federal Safety, Bumper and Theft Prevention
Standards; part 592, Registered Importers of Vehicles Not Originally
Manufactured to Conform to the Federal Motor Vehicle Safety Standards;
and part 593, Determinations that a Vehicle Not Originally Manufactured
to Conform to the Federal Motor Vehicle Safety Standards is Eligible
for Importation, in Title 49 of the Code of Federal Regulations as
follows:
PART 567--CERTIFICATION
1. The authority citation for part 567 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166, 32502,
32504, 33101-33104, 33108, and 33109; delegation of authority at 49
CFR 1.50.
2. In Sec. 567.4, revise the second sentence in paragraph
(k)(4)(i) to read as follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
* * * * *
(k) * * *
(4) * * *
(i) * * * ``Model year'' is used as defined in Sec. 593.4 of this
chapter.
* * * * *
PART 591--IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL
SAFETY, BUMPER AND THEFT PREVENTION STANDARDS
1. The authority citation for part 591 continues to read as
follows:
Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.50.
2. Add Sec. 591.5(l) to read as follows:
Sec. 591.5 Declarations required for importation.
* * * * *
(l) The vehicle does not conform to all applicable Federal Motor
Vehicle Safety and Bumper Standards (but does conform to applicable
Federal Theft Prevention Standards) but the importer is eligible to
import it because:
[[Page 2638]]
(1) The importer has registered with NHTSA pursuant to Part 592 of
this chapter, and such registration has not been revoked or suspended;
(2) The importer has informed NHTSA that (s)he intends to submit,
or has already submitted, a petition requesting that NHTSA determine
whether the vehicle is eligible for importation; and
(3) The importer has:
(i) Submitted to the Administrator a letter requesting permission
to import the vehicle for the purpose of preparing an import
eligibility petition; and
(ii) Received written permission from the Administrator to import
the vehicle.
3. Amend Sec. 591.6 by revising the last sentence of paragraph
(f)(1) and adding a new paragraph (g) to read as follows:
Sec. 591.6 Documents accompanying declarations.
* * * * *
(f) * * *
(1) * * * The request shall be addressed to Director, Office of
Vehicle Safety Compliance, West Building--Fourth Floor, Room W43-481,
Mail Code NVS-220, 1200 New Jersey Avenue, SE, Washington, DC 20590.
* * * * *
(g) A declaration made pursuant to Sec. 591.5(l) shall be
accompanied by the following documentation:
(1) A letter from the Administrator authorizing importation
pursuant to Sec. 591.5(l). Any person seeking to import a motor
vehicle pursuant to this section must submit, in advance of such
importation, a written request to the Administrator containing a full
and complete statement identifying the vehicle, its original
manufacturer, model, model year (if assigned) or date of manufacture
(if a model year is not assigned), VIN, the vehicle classification (the
various classifications are defined in Sec. 571.3), and the Gross
Vehicle Weight Rating (GVWR) assigned to the vehicle by its
manufacturer. The statement must also declare that the specific purpose
of importing this vehicle is to prepare a petition to the Administrator
requesting a determination whether the vehicle is eligible for
importation pursuant to part 593 and that the importer has filed, or
intends to file within 180 days of the vehicle's entry date, a petition
pursuant to Sec. 593.5. The request must be addressed to Director,
Office of Vehicle Safety Compliance, Fourth Floor, Room W43-481, Mail
Code NVS-220, 1200 New Jersey Avenue, SE., Washington, DC 20590.
4. In Sec. 591.7, add paragraph (f) to read as follows:
Sec. 591.7 Restrictions on importations.
* * * * *
(f) If a vehicle has entered the United States under a declaration
made pursuant to Sec. 591.5(l) and:
(1) If the Administrator of NHTSA dismisses the petition or decides
that the vehicle is not eligible for importation, or if the importer
withdraws the petition or fails to submit a petition covering the
vehicle within 180 days from the date of entry, the importer must
deliver the vehicle, unless it is destroyed, to the Secretary of
Homeland Security for export, or abandon the vehicle to the United
States, within 30 days from the date of the dismissal, denial, or
withdrawal of the importer's petition, as appropriate, or within 210
days from the date of entry if the importer fails to submit a petition
covering the vehicle, and furnish NHTSA with documentary proof of the
vehicle's exportation, abandonment, or destruction within 15 days from
the date of such action; or
(2) If the Administrator grants the petition, the importer must:
(i) Furnish a bond, in an amount equal to 150 percent of the
entered value of the vehicle as determined by the Secretary of the
Treasury, within 15 days from the date the importer is notified that
the petition has been granted, unless the vehicle has been destroyed,
and bring the vehicle into conformity with all applicable Federal motor
vehicle safety and bumper standards within 120 days from the date the
petition is granted; or,
(ii) Deliver the vehicle to the Secretary of Homeland Security for
export within 30 days from the date the importer is notified that the
petition has been granted; or
(iii) Abandon the vehicle to the United States within 30 days from
the date the importer is notified that the petition has been granted;
or
(iv) Destroy the vehicle within 30 days from the date the importer
is notified that the petition has been granted; and
(v) Furnish NHTSA with documentary proof of the vehicle's
exportation, abandonment, or destruction within 15 days from the date
of such action.
PART 592--REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY
MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY
STANDARDS
1. The authority citation for part 592 continues to read as
follows:
Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.50.
2. In Sec. 592.4, add the definition of ``Convicted of a crime''
to read as follows:
Sec. 592.4 Definitions.
* * * * *
Convicted of a crime means receiving a criminal conviction in the
United States or in a foreign jurisdiction, whether entered on a
verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.
* * * * *
3. In Sec. 592.5, revise paragraph (a)(1), remove paragraph
(a)(4)(v), redesignate paragraph (a)(4)(vi) as paragraph (a)(4)(v),
revise paragraph (e)(1), revise paragraph (f), and add paragraph (i) to
read as follows:
Sec. 592.5 Requirements for registration and its maintenance.
(a) * * *
(1) Is headed with the words ``Application for Registration as
Importer'', and submitted in three copies to: Director, Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, Fourth Floor, Room W43-481, Mail Code NVS-220, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
* * * * *
(e)(1) The Administrator:
(i) Shall deny registration to an applicant who (s)he decides does
not comply with the requirements of paragraph (a) of this section;
(ii) Shall deny registration to an applicant whose previous
registration has been revoked;
(iii) May deny registration to an applicant who has been convicted
of, or whose business is directly or indirectly owned or controlled by,
or under common ownership or control with, a person who has been
convicted of, a crime related to the importation, purchase, or sale of
a motor vehicle or motor vehicle equipment, including, but not limited
to, offenses such as title fraud, odometer fraud, auto theft, or the
sale of stolen vehicles; and
(iv) May deny registration to an applicant that is or was owned or
controlled by, or under common ownership or control with, or in
affinity with, a Registered Importer whose registration has been
revoked. In determining whether to deny an application, the
Administrator may consider whether the applicant is comprised in whole
or in part of relatives, employees, major shareholders, partners, or
relatives of former partners or major shareholders of
[[Page 2639]]
a Registered Importer whose registration has been revoked.
* * * * *
(f) In order to maintain its registration, a Registered Importer
must:
(1) Not be convicted of, or have any person associated with direct
or indirect ownership or control of the registered importer's business
or any person employed by or associated with the registered importer
who is convicted of, a crime related to the importation, purchase, or
sale of motor vehicles or motor vehicle equipment. These offenses
include, but are not limited to, title fraud, odometer fraud, or the
sale of stolen vehicles.
(2) File an annual statement. The annual statement must be titled
``Yearly Statement of Registered Importer'' and include the following
written statements:
(i) ``I certify that I have read and understand the duties of a
Registered Importer, as set forth in 49 CFR 592.6, and that [name of
Registered Importer] continues to comply with the requirements for
being a Registered Importer.''
(ii) ``I certify that all information provided in each of my
previous annual statements, submitted pursuant to Sec. 592.6(q), or
changed in any notification that [name of Registered Importer] may have
provided to the Administrator in compliance with Sec. 592.6(l),
remains correct and that all the information provided in this annual
statement is true and correct.''
(iii) ``I certify that I understand that, in the event that its
registration is suspended or revoked, or lapses, [name of Registered
Importer] will remain obligated to notify owners and to remedy
noncompliance issues or safety related defects, as required by 49 CFR
592.6(j), for each vehicle for which [name of Registered Importer] has
furnished a certificate of conformity to the Administrator.''
(3) Include with its annual statement a current copy of the
Registered Importer's service insurance policy. Such statements must be
filed not later than September 30 of each year; and
(4) Pay an annual fee and any other fee that is established under
part 594 of this chapter. An annual fee must be paid not later than
September 30 of any calendar year for the fiscal year that begins on
October 1 of that calendar year. The Registered Importer must pay any
other fee not later than 15 days after the date of the written notice
from the Administrator.
* * * * *
(i) The Administrator may deny registration renewal to any
applicant who has been convicted of, or whose business is directly or
indirectly owned or controlled by, or under common ownership or control
with, a person who has been convicted of a crime related to the
importation, purchase, or sale of a motor vehicle or motor vehicle
equipment, including, but not limited to, title fraud, odometer fraud,
or the sale of stolen vehicles.
4. In Sec. 592.6, add a sentence immediately before the last
sentence of paragraph (d)(1) and revise paragraph (k) to read as
follows:
Sec. 592.6 Duties of a registered importer.
* * * * *
(d) * * *
(1) * * * The Registered Importer shall also certify that it has
destroyed or exported any noncompliant motor vehicle equipment items
that were removed from an imported vehicle in the course of performing
conformance modifications. * * *
* * * * *
(k) Provide an annual statement, certifying that the information
therein is true and correct, and pay an annual fee as required by Sec.
592.5(f).
* * * * *
5. In Sec. 592.7, revise the last sentence of paragraph (b)(1) to
read as follows:
Sec. 592.7 Suspension, revocation, and reinstatement of suspended
registrations.
* * * * *
(b) * * *
(1) * * *
These regulations include, but are not limited to, parts 567, 568,
573, 577, 591, 592, 593, and 594 of this chapter.
* * * * *
6. In Sec. 592.8, revise the third sentence of paragraph (b) of to
read as follows:
Sec. 592.8 Inspection; release of vehicle and bond.
* * * * *
(b) * * * Each submission shall be mailed by certified mail, return
receipt requested, or by private express delivery service to: Director,
Office of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, Fourth Floor, Room W43-481, Mail Code NVS-220, 1200 New
Jersey Avenue, SE., Washington, DC 20590 or delivered in person. * * *
PART 593--DETERMINATIONS THAT A VEHICLE NOT ORIGINALLY MANUFACTURED
TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IS
ELIGIBLE FOR IMPORTATION
1. The authority citation for part 593 continues to read as
follows:
Authority: 49 U.S.C. 322 and 30141(b); delegation of authority
at 49 CFR 1.50.
2. In Sec. 593.4, revise the definition of ``Model Year'' to read
as follows:
Sec. 593.4 Definitions.
* * * * *
Model year means the year used by a manufacturer to designate a
discrete vehicle model irrespective of the calendar year in which the
vehicle was actually produced, or the model year as designated by the
vehicle's country of origin, or, if neither the manufacturer nor the
country of origin has made such a designation, the calendar year (i.e.,
January 1 through December 31) in which manufacturing operations are
completed on the vehicle at its place of main assembly.
* * * * *
3. In Sec. 593.5, revise paragraph (b)(2) to read as follows:
Sec. 593.5 Petitions for eligibility determinations.
* * * * *
(b) * * *
(2) Be headed with the words ``Petition for Import Eligibility
Determination'' and submitted in three copies to: Director, Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, Fourth Floor, Room W43-481, Mail Code NVS-220, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
* * * * *
4. In Sec. 593.6, revise paragraph (b)(1) of to read as follows:
Sec. 593.6 Basis for petition.
* * * * *
(b) * * *
(1) Identification of the model and model year of the vehicle for
which a determination is sought, as well as the gross vehicle weight
rating (GVWR) and type classification of the vehicle, as defined by
Sec. 571.3 of this chapter, (e.g., passenger car, multipurpose
passenger vehicle, bus, truck, motorcycle, trailer, low-speed vehicle).
* * * * *
Issued on: December 20, 2010.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2011-295 Filed 1-13-11; 8:45 am]
BILLING CODE 4910-59-P