National Highway Traffic Safety Administration
Office of Vehicle Safety Compliance
REGISTERED IMPORTER NEWSLETTER No. 3
May 27, 1994
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1993 EDITION OF CODE OF FEDERAL REGULATIONS NOW AVAILABLE The latest revision of the Code of Federal Regulations (CFR), Title 49, Transportation, Parts 400 to 999, containing the complete and revised text for all NHTSA regulations including the FMVSS in effect as of Oct 1, 1993, was recently released. Copies may be purchased from the Government Printing Office (GPO) for $33.80. To minimize the potential of costly errors due to reliance on outdated revisions of the CFR that contain the FMVSS and other NHTSA regulations, we strongly recommend that you purchase a copy of the latest revision. Such errors could result in expensive recalls, civil penalties and lawsuits. As you know, your facility, unreleased vehicles and records are subject to inspection by NHTSA officials at any time. GUIDELINES FOR The legal requirements of 49 CFR 593 involves many sequential steps which take a long time even if everything is optimal. As you know, each RI's petition is published in the Federal Register twice, as a minimum. Each notice must be reviewed and approved by the chain of command up to top management of both the Enforcement and Chief Counsel organizations before it is sent to the Federal Register. If a petition is incomplete or erroneous when it is submitted to NHTSA, the process takes much longer. Many RIs have asked what they can do to receive their determinations sooner. The best way for you to expedite your petition is to make sure it is done right in the first place. To assist you in this respect, we offer the following supplemental guidelines. Petition should be dated and signed by the responsible RI. Make sure that petition is truly responsive to Section 593.6(a)(1) thru (5) or 593.6(b)(1) and (2). Identification and substantiation statements must be specific, not broad generalities. Attach applicable fee per current revision of 49 CFR 594. Technical data must be accurate and unambiguous (for example, don't petition to replace European headlamps with "sealed beam" headlamps when the manufacturer uses the replaceable bulb type in its U.S. certified model). Avoid assumptions about what is required and what is not (for example, FMVSS 203 is not applicable when a vehicle conforms to Section 5.1 of FMVSS 208). Obtain current standards and use them. If petition relies on testing, attach a summary test report but maintain all test data, film, etc. for submission if requested. Attachments of unidentified photographs, voluminous Xerox and/or computer printout copies are superfluous. One petition may cover more than one model and/or model year if you can justify their inclusion (if Mercedes-Benz, this also means model ID). Some petitions have been received which suggest that they were prepared by persons who did not know or understand |
NHTSA standards and regulations. You
must check your employees' work
carefully so that mistakes and
inconsistencies are corrected promptly.
Beware of boilerplate text taking
segments from some other petition which
are not appropriate. Substantiation must
consist of specific data, views and
arguments. The agency will no longer
critique petitions and instruct you on how
to correct them on a line by line basis.
It is not necessary to have a candidate vehicle or substantially similar vehicle in hand at the time a petition is submitted. However, if you do not, then your petition must not claim you have compared vehicles. Substantiation of such petitions must include reference to verifiable documentation. When you do make physical comparisons, your petition must include make, model and VIN of both vehicles. Upon receipt of such petition we will verify that you did transmit a copy of your RI contract within 5 days after signature as required. Remember, if your petition is denied or dismissed as incomplete and you decide to replace it with a corrected version, another petition fee must be submitted with the new petition. ELIGIBILITY UPDATE Information is attached to update your records as to all makes, models and model years which have been determined to be eligible for importation by RIs or by individuals who have contracts with RIs. The cover sheet for this attachment is dated May 13, 1994. It includes a reprint of the agency's 2nd Annual Eligibility List, additional determinations based on petitions from RIs which were granted and published in the Federal Register by May 5, 1994, and a summary of eligibility fees applicable to importation of vehicles entered in Fiscal Year 1994. The 2nd Annual Eligibility List reprint corrects three typographical errors which have been found in the original Federal Register notice dated Feb 23, 1994. In addition, the format has been improved for ease of reading such as expansion of space allowed for definition of the blanket eligibility determination (VSA-1) covering most Canadian vehicles to one full page. The attached revision is printed on one side of the paper only to facilitate your ready reference. The HS-7 Declaration form for every vehicle imported under the terms and conditions of Box 3 should have respective eligibility number (or the word "petition" if the RI intends to submit a petition) in the space provided. New eligibility numbers are issued at irregular intervals. A RI who wishes current information on import eligibility numbers issued or petitions in process may call 202-366-5308. For your further understanding of the eligibility numbering system, the following code letters are used in the prefix: VS Vehicle substantially similar to a U.S. certified model and readily modifiable VC Vehicle capable of being modified to comply with U.S. Federal motor vehicle safety standards A Administrator made the determination on his or her own initiative P Petition from RI or manufacturer All questions concerning this newsletter should be directed to George Entwistle, 202-366-5306. |