National Highway Traffic Safety Administration
Office of Vehicle Safety Compliance
REGISTERED IMPORTER NEWSLETTER No. 8
January 3, 1996
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SPEEDING UP PROCESSING OF
REGISTERED IMPORTER (RI)
PETITIONS, APPLICATIONS, AND
COMPLIANCE PACKAGES NHTSA has set up a special MAIL STOP for receiving import documents. Please address your mail, both overnight mail or other, to the following (includes mail for George Entwistle, David Coleman, Barbara Gray, John Lewis, Luke Loy, Dick Merritt and Roy Shannon): USDOT/NHTSA MAIL CODE: NSA-3202 400 7TH ST SW, Room 6115 WASHINGTON DC 20590 BACKGROUND INFORMATION FOR REGISTERED IMPORTER (RI) PROGRAM
NO SUBCONTRACTING In the course of the rulemaking to establish Part 592, the agency proposed that the RI application contain a statement of whether the RI would modify the vehicles for which it furnishes certificates of conformity, and if not, to provide the names and addresses of all agents who would be the actual modifiers. The concept that an RI could delegate actual conformance work was opposed by Mercedes-Benz and The Dealer Action Association (TDAA). Both commenters argued that this did not fulfill the statutory purpose of increased accountability for conversion, and cited statements from the Congressional Record in support of their position. In Mercedes' opinion, NHTSA would open an area of potential dispute when the object of the 1988 Act was to clarify NHTSA's jurisdiction. Mercedes contended that conformance operations must be carried out by RIs, their employees, or subsidiaries, because the legal line between an "agent" and an "independent contractor" is not always clear, raising the possibility that an RI might structure a relationship to avoid acts of a modifier, including fraud. NHTSA carefully considered these comments. It believed that the provisions of the 1988 Act were complex enough that regulations should not be adopted that open additional avenues of potential dispute or complications with RIs that might dilute the responsibility imposed by the 1988 Act, and which might result in less than full achievement of the intent of Congress when these approaches have not been specifically directed by Congress. Therefore, it agreed with the comments of Mercedes and TDAA, and did not adopt those aspects of the proposal that countenanced delegation of conformance responsibilities to an agent. A RI must be capable of bringing vehicles into compliance and this means no work can be contracted out. This is a matter of public record, and contained in the preamble adopting Part 592 (Sept. 29, 1989). All RIs are being notified of this requirement which was explained in the preamble. Subsequent to receiving this letter, if modification work is contracted out, the RI may have its registration revoked. RI MUST CERTIFY Under 49 CFR 592.6(d), an RI must certify that the vehicles conform. It performs the required modifications and then installs its certification label on the vehicle. Only the RI is allowed to apply its certification label. Section 592.6 requires that an RI "permanently affix to each motor vehicle, upon completion of modifications," a certification label that identifies the RI, and attests to the fact that the vehicle has been brought into conformity with all applicable Federal motor vehicle safety standards. The label shall only be applied after all the needed modifications have been performed. If all modifications have not been performed before the certification label is applied, it would be a false certification and may make the RI liable for a penalty. CHANGE OF ADDRESS This office requires the RI application to identify the address for the applicant's office, maintenance facility, and storage lot. Vehicles must be stored at a specific location and available for inspection. Section 592.5(f) requires an RI to notify the Administrator in writing of any change that occurs in the information which is submitted in its application, no later than the end of the 30th calendar day after such change. If an RI is in violation of this requirement, action may be taken against the RI depending on the circumstance. If an RI has a facility other than those identified in its application, it must notify our office of the address immediately. ALSO, EACH RI MUST REAFFIRM BY FAX OR LETTER ITS TELEPHONE NUMBERS AND FAX NUMBERS FOR EACH LOCATION SINCE MANY AREA CODES HAVE BEEN RECENTLY CHANGED.
MODIFICATION FACILITY All RIs are required to have a maintenance facility with a person capable of performing modifications needed to bring vehicles into conformity with the applicable standards and regulations. Any RI without such a facility or personnel will have its registration revoked. VEHICLE ENTRY BONDS On Nov. 24, 1995 (60 FR 57953) (copy attached), NHTSA published amendments to Part 591 concerning the bond requirement to accompany the permanent importation of nonconforming motor vehicles to ensure their eventual compliance with the FMVSS. There are now two options for the bond. A single bond form can be used for either of the options which must be in an amount of 150 percent of the dutiable value of each vehicle: Option 1 - "Bond for the Entry of a Single Vehicle," Appendix A, Section 591.5(f), shows the form for a single vehicle bond. Option 2 - "Bond for the Entry of More Than a Single Vehicle," Appendix B, Section 591.5(f), shows the form for a bond for single entry of multiple vehicles through a single port with the attachment of U.S. Customs Service Form CF 7501. |
REFERENCE INFORMATION
FMVSSs 101- Controls and Displays (Inspection) 102- Transmission Shift Lever Sequences, etc. (Inspection) 103- Windshield Defrosting and Defogging 104- Windshield Wiping and Washing 105- Hydraulic Brake System 106- Brake Hoses 107- Reflecting Surfaces (Inspection) 108- Lamps, etc. 109- Passenger Car (PC) New Pneumatic Tires 110- PC Tire Selection and Rims 111- Rearview Mirrors 112- Headlamp Concealment Devices (Inspection) 113- Hood Latch Systems (Inspection) 114- Theft Protection (Inspection) 115- Vehicle Identification Number (VIN) (Inspection) 116- Hydraulic Brake Fluids 117- Retreaded Pneumatic Tires (Inspection) 118- Power-Operated Window Systems 119- Truck/Bus New Pneumatic Tires 120- Truck/Bus Tire Selection & Rims 121- Air Brake Systems 122- Motorcycle Brake Systems 123- Motorcycle Controls and Displays (Inspection) 124- Accelerator Control Systems 125- Warning Devices 126- Truck-Camper Loading 129- Pass. Car New Non-Pneumatic Tires 131- School Bus Pedestrian Safety Devices 135- Pass. Car Brake Systems 201- Occupant Protection in Interior Impact 202- Head Restraints 203- Impact Protection for the Driver from Steering Control 204- Steering Control Rearward Displacement 205- Glazing Materials (Inspection) 206- Door Locks and Door Retention Components 207- Seating Systems 208- Occupant Crash Protection 209- Seat Belt Assemblies 210- Seat Belt Assembly Anchorages 211- Wheel Nuts, Wheel Discs, and Hub Caps (Inspection) 212- Windshield Mounting 213- Child Restraint Systems 214- Side Impact Protection 216- Roof Crush Resistance 217- Bus Window Retention and Release 218- Motorcycle Helmets 219- Windshield Zone Intrusion 301- Fuel System Integrity 302- Flammability of Interior Materials 303- Fuel System Integrity of CNG Vehicles 304- CNG Fuel Container Integrity REGULATIONS P541- Theft Prevention Standard P565- VIN Content Requirements P566- Manufacturer Identification P567- Certification Regulation P568- Vehicles Manufactured in Two or More Stages P569- Regrooved Tires P572- Anthropomorphic Test Dummies P573- Defect and Noncompliance Reports P574- Tire Identification P575.103- Truck-Camper Loading P575.104- Uniform Tire Quality Grading Standards (UTQG) P577- Defect and Noncompliance Notification P579- Defect and Noncompliance Responsibility P581- Bumper Standard P591- Importation of Vehicles & Equipment Subject to FMVSS P592- Registered Importers P593- Determination for Eligibility for Importation of Vehicles P594- Registered Importer Fee Schedule All questions concerning this newsletter should be directed to George Entwistle, 202-366-5306. |