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, Federal Motor Vehicle Safety Standards
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David L. Strickland
Federal Register
August 25, 2011
[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53072-53080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21595]
[[Page 53072]]
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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 2]
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: Final rule.
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SUMMARY: This document amends NHTSA's regulations pertaining to
registered importers (``RIs'') of motor vehicles not originally
manufactured to comply with all applicable Federal motor vehicle
safety. The agency is amending RI application and renewal requirements
to enable the agency to deny applications for registration from
entities that have been convicted of a crime related to the
importation, purchase, or sale of a motor vehicle or motor vehicle
equipment and to revoke existing registrations held by such entities.
Another amendment will require an RI to certify that it destroyed or
exported nonconforming motor vehicle equipment removed from a vehicle
during conformance modifications. The agency is also establishing 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 adopts
several amendments to the RI regulations that add citations to
provisions that can be used as a basis for the non-automatic suspension
of an RI registration, deletes redundant text from another provision,
and revises several sections to include the agency's current mailing
address.
DATES: The amendments established by this final rule will become
effective September 26, 2011. Petitions for reconsideration must be
received by NHTSA not later than October 11, 2011.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice numbers identified above and should be
submitted to: Administrator, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., West Building, Washington,
DC 20590. It is requested, but not required, that 10 copies of the
petition be submitted. The petition must be received not later than 45
days after publication of this final rule in the Federal Register.
Petitions filed after that time will be considered petitions filed by
interested persons to initiate rulemaking pursuant to 49 U.S.C. Chapter
301.
The petition must contain a brief statement of the complaint and an
explanation as to why compliance with the final rule is not
practicable, is unreasonable, or is not in the public interest. Unless
otherwise specified in the final rule, the statement and explanation
together may not exceed 15 pages in length, but necessary attachments
may be appended to the submission without regard to the 15-page limit.
If it is requested that additional facts be considered, the petitioner
must state the reason why they were not presented to the Administrator
within the prescribed time. The Administrator does not consider
repetitious petitions and unless the Administrator otherwise provides,
the filing of a petition does not stay the effectiveness of the final
rule.
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 and the Imported Vehicle
Safety Compliance Act of 1988
B. Previous Regulatory Actions
1. The 2000 Notice of Proposed Rulemaking
2. The 2004 Final Rule
C. The 2011 Proposal To Amend the RI Regulations
II. Amendments to the RI Regulations
A. The Agency May Deny Registration to, or Revoke Registrations
Held by 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 Vehicle Weight Rating (``GVWR'') of the
Subject Vehicles
III. Technical Corrections
A. Identifying a Violation of Regulations in Part 592 as a Basis
for the Non-Automatic Suspension or Revocation of an RI Registration
B. Deletion of Redundant Text From 49 CFR 592.5(a) Identifying
Contents of the RI Application
C. Revisions to Certain Provisions To Reflect the Agency's
Current Street Address
IV. Effective Date
V. Rulemaking Analyses and Notices Regulatory Text
I. Background of This Rulemaking Action
A. The 1968 Importation Regulations and the Imported Vehicle Safety
Compliance Act of 1988
The National Traffic and Motor Vehicle Safety Act of 1966 as
amended (``the Safety Act''), now codified at 49 U.S.C. chapter 301,
requires imported vehicles to meet Federal motor vehicle safety
standards (``FMVSS''). Effective January 10, 1968, a regulation jointly
issued by NHTSA and the United States Customs Service (``Customs''), 19
CFR 12.80, allowed permanent importation of motor vehicles not
originally manufactured to meet applicable FMVSS if, within 120 days
from the date of entry, 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
demonstrated 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
[[Page 53073]]
applicable FMVSS. See generally, 49 U.S.C. 30141-30147.
B. Previous Regulatory Actions
1. The 2000 Notice of Proposed Rulemaking
As mandated by the 1988 Act, the agency issued regulations covering
the RI program (49 CFR parts 591 through 594) that superseded those in
19 CFR 12.80. See 54 FR 40069, Sept. 29, 1989.
After nearly 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
After considering the comments to the NPRM, the agency published a
final rule amending the importation regulations on August 24, 2004. 69
FR 52070. These amendments established new requirements for RI
applicants and further delineated the duties of RIs. The amendments
also revised the provisions for suspending or revoking RI
registrations.
C. The 2011 Proposal To Amend the RI Regulations
Nearly seven years have passed since the agency last amended the RI
regulations in 2004. During those years, the agency has looked closely
at the RI program and determined the need for further amendments to the
regulations to improve the program. As discussed in the NPRM, 76 FR
2631, Jan. 14, 2011, these amendments are needed to protect the
integrity of the RI program and to clarify RI requirements. In
reviewing RI regulations, the agency determined that RI regulations did
not give the agency the ability to prevent a person convicted of a
crime related to the importation of a motor vehicle from becoming or
remaining as an RI. Allowing such a convicted person to become or
remain as an RI threatens the integrity of the RI program. Similarly,
the agency has discovered that nonconforming equipment removed during
conformance modifications, such as headlights, has been offered for
sale in the United States on Internet auction sites. To prevent these
threats to the RI program's integrity, the agency is amending RI
regulations. Also, the agency will require RIs to certify that the
information provided in the annual renewal statement they submit under
49 CFR 592.5(f) is true and correct.
The agency also identified the need to clarify regulations related
to import eligibility petitions. RIs seeking import eligibility for a
nonconforming motor vehicle may need to import a vehicle for the
purpose of preparing an import eligibility petition. In the past, the
agency has permitted entry of these vehicles on an ad hoc basis. This
final rule formalizes and clarifies the protocol for bringing in a very
limited number of vehicles for the purpose of preparing an eligibility
petition. Also related to the import eligibility petitions, the agency
is adopting a clearer definition of the term ``Model Year'' and
requiring that import eligibility petitions identify the type
classification and gross vehicle weight rating (``GVWR'') of the
subject vehicle.
The agency is also making technical corrections to the regulations.
These corrections will identify violations of the regulations in part
592 as a basis for the non-automatic suspension or revocation of an RI
registration, delete redundant text, and update the agency's mailing
address.
As noted above, the agency published a notice of proposed
rulemaking (NPRM) on January 14, 2011 to solicit public comments on
these amendments. No comments were received in response to the NPRM.
II. Amendments to the RI Regulations
A. The Agency May Deny Registration to, 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 authorized NHTSA to establish procedures and requirements
for registering Registered Importers. Congress did not delineate all
the requirements in the statute, but instead required NHTSA to issue
rules. 49 U.S.C. 30141(c). The statute includes a non-exhaustive list
of requirements that NHTSA should adopt, which would promote integrity
in the RI program. These include record keeping requirements, records
and facilities inspection authority, and the establishment of technical
and financial requirements. In addition, the statute required NHTSA to
establish procedures for revoking or suspending an RI registration for
not complying with a requirement of 49 U.S.C. Chapter 301 Subchapter
III, or any of sections 30112, 30115, 30117-30122, 30125(c), 30127, or
30166 of title 49 U.S. Code or regulations promulgated under Chapter
301 Subchapter III or any of the preceding sections, as well as
automatic suspensions. 49 U.S.C. 30141(c)(4).
Because RIs hold positions of public trust, we are amending the RI
regulations to prevent persons or entities convicted of a crime related
to the importation, purchase, or sale of a motor vehicle or motor
vehicle equipment from gaining or maintaining RI status.
We are 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. The amendments 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 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 final rule, 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 the U.S. or in foreign
jurisdictions.
[[Page 53074]]
We are also amending the regulations to allow the agency to deny
registration renewal to RIs who have 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
motor vehicle-related crime.
The integrity of the RI program is undermined when an entity, after
becoming an RI, is convicted of a motor vehicle-related crime. A
convicted entity, possessing a 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 that waiting
until the end of the fiscal year to deny registration renewal to a
convicted entity poses an unacceptable risk to the public. To protect
the program from this risk, we are 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 Renewals 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 under 49 CFR 592.5(f) and 592.6(k) in support of
that request. Existing RIs, however, are not currently required to
certify that the renewal request is truthful. To address this
shortcoming, we are amending 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. During conformance modification of
nonconforming vehicles, RIs often must remove the nonconforming motor
vehicle equipment items from these vehicles 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. The final
disposition of this equipment is a concern for the agency because the
Safety Act prohibits the sale of nonconforming equipment.
To prevent nonconforming equipment from being sold in the United
States, NHTSA has previously directed RIs to destroy or export the
noncompliant equipment removed from a vehicle during conformance
modifications. NHTSA has also directed RIs to certify in the statements
of conformity submitted for the modified vehicle that all nonconforming
equipment has been destroyed or exported.
Despite these efforts, nonconforming equipment removed from
vehicles by RIs has been offered for sale on the Internet. To ensure
that this noncompliant equipment does not enter interstate commerce, we
are amending Sec. 592.6(d) to require RIs to certify that all
nonconforming equipment on an imported vehicle has been destroyed or
exported. This certification must be made in the statement of
conformity the RI submits 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
also may subject the RI to the suspension or revocation of its
registration and to civil penalties.
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).
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). 49 U.S.C. 30141(a)(1)(A). 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. 49 U.S.C. 30141(a)(1)(B). In the latter category,
proof of compliance is based on dynamic test data or evidence that
NHTSA decides adequately demonstrates compliance. Id. 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 or conduct other tests or analyses to demonstrate the
vehicle's compliance with 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. Because formal
regulations do not address these allowances, the agency has made these
decisions on an ad hoc basis.
In May 2006, NHTSA amended the HS-7 Declaration form by including a
new Box 13 to provide for the entry of nonconforming vehicles by RIs
for the purpose of preparing an import eligibility petition. When the
agency amended the form, however, we did not make corresponding
amendments to 49 CFR part 591 to reflect the new contents of the HS-7
Declaration form. In order to harmonize the HS-7 Declaration form and
the corresponding import regulations under Sec. 591.5, the agency is
amending Sec. 591.5 to provide a regulatory basis for the importation
of
[[Page 53075]]
vehicles for the purpose of preparing an import eligibility petition.
In the NPRM, the agency requested comments regarding whether
importing one vehicle is sufficient for the purpose of preparing an
import eligibility petition for a vehicle that has a substantially
similar U.S.-certified counterpart and whether importing two vehicles
is sufficient where destructive crash test data is required to
establish compliance with all applicable FMVSS. The agency received no
comments on these issues and we are adopting the amendments as
proposed. See 76 FR 2633, Jan. 14, 2011.
Accordingly, for an import eligibility petition covering a vehicle
that is substantially similar to a U.S.-certified vehicle, RIs may
import one vehicle in order to prepare the petition. For an import
eligibility petition covering a vehicle that does not have a
substantially similar U.S.-certified counterpart but is capable of
being altered to comply, RIs may import up to two vehicles in order to
prepare the petition.
These importations to prepare a petition will be subject to certain
conditions to prevent abuse. An RI seeking to import a vehicle in
support of a petition must inform NHTSA that it will, or has,
petitioned the agency for an import eligibility decision. The RI will
need NHTSA's written permission to import the vehicle. RIs must follow
this procedure and may 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 HS-7 Declaration
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). Such a violation would subject the RI to
the suspension or revocation of its registration (see 49 CFR
592.7(b)(1)) as well as civil penalties.
Vehicles imported for the purpose of preparing an import
eligibility petition will be authorized to remain in the United States
for only a limited time. The importing RI must file an import
eligibility petition with the agency within 180 days of the vehicle's
entry date. The RI must declare on the HS-7 Declaration form (Box 13)
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 vehicle must be 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 must
submit to NHTSA documentary proof of the vehicle's destruction,
exportation, or abandonment within 15 days from the date of such
action.
An RI will not need to obtain a DOT conformance bond when importing
a nonconforming vehicle for the purpose of preparing an import
eligibility petition. These conformance bonds are needed when NHTSA has
determined that a particular vehicle is capable of being modified to
meet U.S. standards. For vehicles imported to prepare a petition, the
final rule provides for 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.
Under these amendments, if the agency grants the import eligibility
petition the RI must do one of the following: furnish a DOT conformance
bond for the vehicle, export the vehicle, abandon the vehicle to the
United States, or destroy the vehicle. If the RI intends to bring the
vehicle into compliance, the RI must submit a complete conformance
package 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 are reflected in the text that the
agency is adding to Sec. 591.5.
E. Adopting a Clearer Definition of the Term ``Model Year'' for the
Purpose of Import Eligibility Decisions
Vehicles manufactured for sale in the United States are typically
assigned model year designations for marketing and other 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 under 49 U.S.C. Chapter 301 subchapter III 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 567.4(g)(2) and 49 CFR 571.7. 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 United States 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).
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 vehicles in the United
States, these dates have limited relevance, if any, to vehicles that
are produced for sale abroad.
As discussed above, vehicles not manufactured to conform to FMVSS
may be imported into the U.S. by an RI if the agency has determined the
vehicle is eligible. The agency may make this determination based on an
import eligibility petition or on the agency's own initiative. 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) provides for the agency to make the eligibility decision
on a model and model year basis. Because many European manufacturers do
not use a model year designation, RIs have a difficult time determining
whether a particular vehicle has a substantially similar U.S.-certified
counterpart of the same model year.
Consequently, the agency will amend the definition of ``model
year'' in 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.'' The deleted
text will be replaced with the following: ``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.'' The new
language is consistent with how manufacturers must identify the date of
manufacture in the vehicle's certification label. See 49 CFR
567.4(g)(2). This change will eliminate much of the confusion now
[[Page 53076]]
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 are
amending 49 CFR 567.4(k)(4)(i) to reflect the new definition of model
year that will be added to 49 CFR 593.4.
F. Requiring Import Eligibility Petitions To Identify the Type
Classification and Gross Vehicle Weight Rating (``GVWR'') of the
Subject Vehicles
In making import eligibility decisions, the agency determines the
safety standards applicable to a particular vehicle by, among other
things, taking account of the model, model year (if assigned), date of
manufacture, 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
manufacturer. 49 CFR 571.3.
The agency has access to the type classification and GVWR of 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(g)(7). 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 require some work. The agency may expend considerable
time and effort ascertaining this information, thereby delaying the
processing of the petition.
To rectify this situation, NHTSA is adopting a requirement that all
import eligibility petitions under 49 CFR 593.6(a) must include the
type classification and the GVWR of the vehicle. The final rule will
amend 49 CFR 593.6(a) and (b) by adding language to require
identification of the vehicle's type classification as defined in 49
CFR 571.3. If the petition is or will be submitted under 49 CFR
593.6(a), on the basis that the vehicle is substantially similar to a
vehicle which was originally manufactured for importation into and sale
in the United States, and which was certified by its manufacturer
pursuant to 49 CFR part 567, then the RI must use the type
classification of the vehicle's U.S.-certified counterpart. If the
petition is or will be submitted under 593.6(b), on the basis that the
vehicle's safety features comply with, or are capable of being modified
to comply with, all applicable FMVSS, then the RI must identify the
vehicle's type classification consistent with 49 CFR 571.3.
The final rule will also amend 49 CFR 593.6(a) and (b) by adding
language to require identification of the vehicle's GVWR. If the
petition is or will be submitted under 49 CFR 593.6(a), on the basis
that the vehicle is substantially similar to a vehicle which was
originally manufactured for importation into and sale in the United
States, and which was certified by its manufacturer pursuant to 49 CFR
part 567, then the RI must use the GVWR of the vehicle's U.S.-certified
counterpart.
If the petition is or will be submitted under 593.6(b), on the
basis that the vehicle's safety features comply with, or are capable of
being modified to comply with, all applicable FMVSS, then the RI must
identify the GVWR consistent with certification requirements of 49 CFR
567.4(g)(3) and 49 CFR 571.3. Pursuant to 49 CFR 593.7, the agency may
accept or reject the GVWR identified in the petition.
The agency notes that if the vehicle is ultimately certified to
meet applicable FMVSS, the GVWR must be included in the certification
label required by 49 CFR part 567. Per the certification requirements,
the GVWR shall not be less than the sum of the unloaded vehicle weight
(as defined by Sec. 571.3), the rated cargo load, and 150 pounds
multiplied by the number of designated seating positions. 49 CFR
567.4(g)(3). Of course, compliance with a number of FMVSS is predicated
on testing at the GVWR.
III. Technical Corrections
A. 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 that, if violated,
provide grounds for the suspension or revocation of an RI registration.
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. We are amending Sec. 592.7(b) to
add part 592.
B. 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 are deleting the text at Sec. 592.5(a)(4)(v). This
does not eliminate a requirement.
C. Revisions to Certain Provisions To Reflect the Agency's Current
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 identify the agency's address. The agency will amend these sections
to reflect the agency's current street address.
IV. Effective Date
The amendments adopted in this notice will become effective 30 days
after issuance of this final rule.
V. Rulemaking Analyses and Notices Regulatory Text
A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, 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 this rulemaking is not
[[Page 53077]]
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 rule does not involve any substantial public
interest or controversy. It has no substantial effect upon State and
local governments. It has 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
The agency has considered the effects of this rulemaking under the
Regulatory Flexibility Act, and certifies that the adopted amendments
will 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 adopted amendments will
primarily affect entities that are currently modifying nonconforming
vehicles and which are small businesses within the meaning of the
Regulatory Flexibility Act. At present, 65 such entities are registered
with NHTSA. The adopted amendments will not significantly increase
operating costs for any of these entities or impose any additional
financial burden upon them.
Small governmental jurisdictions will 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 final rule 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
this final rule will not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. This final rule will 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,'' the
agency has considered whether the amendments adopted in this final rule
would have any retroactive or preemptive effect. NHTSA concludes that
these amendments will not have any such 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 this final rule will 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. 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. This final rule
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, which was based on a submission that accounted for the
minor increase in the collection of information that will result from
the final rule, is valid through January 31, 2014.
H. 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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, (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 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
final rule.
J. Privacy Act
Anyone is able to search the electronic form of all submissions
received into any of our dockets by the name of the individual
submitting the comment or petition (or signing the comment or petition,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).
[[Page 53078]]
K. 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.
In consideration of the foregoing, NHTSA is amending 49 CFR parts
567, 591, 592, and 593 as follows:
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 amends parts 567,
591, 592, and 593, in Title 49 of the Code of Federal Regulations as
follows:
PART 567--CERTIFICATION
0
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.
0
2. In Sec. 567.4, revise paragraph (k)(4)(i) to read as follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
* * * * *
(k) * * *
(4) * * *
(i) Model year (if applicable) or year of manufacture and line of
the vehicle, as reported by the manufacturer that produced or assembled
the vehicle. ``Model year'' is used as defined in Sec. 593.4 of this
chapter. ``Line'' is used as defined in Sec. 541.4 of this chapter.
* * * * *
PART 591--IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL
SAFETY, BUMPER AND THEFT PREVENTION STANDARDS
0
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.
0
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:
(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 in writing 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.
0
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). A Registered Importer 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), date of manufacture, and
VIN. 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.
0
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 (with destruction
documented by proof), 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
0
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.
[[Page 53079]]
0
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.
* * * * *
0
3. In Sec. 592.5, revise paragraph (a)(1), amend paragraph (a)(4)(iv)
by adding ``and'' after the last semicolon, remove paragraph (a)(4)(v),
redesignate paragraph (a)(4)(vi) as paragraph (a)(4)(v), revise
paragraph (e)(1) and 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 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.
0
4. In Sec. 592.6, revise paragraphs (d) introductory text, (d)(1) and
(k) to read as follows:
Sec. 592.6 Duties of a registered importer.
* * * * *
(d) For each motor vehicle imported pursuant to part 591.5(f) of
this chapter, certify to the Administrator:
(1) Within 120 days of the importation that it has brought the
motor vehicle into conformity with all applicable Federal motor vehicle
safety and bumper standards in effect at the time the vehicle was
manufactured by the fabricating manufacturer. Such certification shall
state verbatim either that ``I know that the vehicle that I am
certifying conforms with all applicable Federal motor vehicle safety
and bumper standards because I personally witnessed each modification
performed on the vehicle to effect compliance,'' or that ``I know that
the vehicle I am certifying conforms with all applicable Federal motor
vehicle safety and bumper standards because the person who performed
the necessary modifications to the vehicle is an employee of [RI name]
and has provided full documentation of the work that I have reviewed,
and I am satisfied that the vehicle as modified complies.'' 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. The Registered Importer shall also certify,
as appropriate, that either:
* * * * *
(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).
* * * * *
0
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,
[[Page 53080]]
573, 577, 591, 592, 593, and 594 of this chapter.
* * * * *
0
6. In Sec. 592.8, revise the third sentence of paragraph (b) 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
0
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.
0
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.
* * * * *
0
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.
* * * * *
0
4. In Sec. 593.6, revise paragraph (a)(1) and paragraph (b)(1) to read
as follows:
Sec. 593.6 Basis for petition.
(a) * * *
(1) Identification of the original manufacturer, model, and model
year of the vehicle for which a determination is sought, as well as the
type classification, as defined by Sec. 571.3 of this chapter, (e.g.,
passenger car, multipurpose passenger vehicle, bus, truck, motorcycle,
trailer, low-speed vehicle) and the gross vehicle weight rating (GVWR)
of the substantially similar vehicle which was originally manufactured
for importation into and sale in the United States, and which was
certified by its manufacturer pursuant to part 567 of this chapter,
upon which the petition is based.
* * * * *
(b) * * *
(1) Identification of the model and model year of the vehicle for
which a determination is sought, as well as the 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) and the vehicle's gross vehicle weight rating (GVWR)
as identified by the Registered Importer consistent with parts 567 and
571 of this chapter.
* * * * *
Issued on: August 18, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011-21595 Filed 8-24-11; 8:45 am]
BILLING CODE 4910-59-P