Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

Claude H. Harris
National Highway Traffic Safety Administration
September 7, 2012

[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Notices]
[Pages 55267-55268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22034]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0105]


Decision That Certain Nonconforming Motor Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation.

ACTION: Grant of Petitions.

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SUMMARY: This document announces decisions by NHTSA that certain motor 
vehicles not originally manufactured to comply with all applicable 
Federal Motor Vehicle Safety Standards (FMVSS) are eligible for 
importation into the United States because they are substantially 
similar to vehicles originally manufactured for sale in the United 
States and certified by their manufacturers as complying with the 
safety standards, and they are capable of being readily altered to 
conform to the standards or because they have safety features that 
comply with, or are capable of being altered to comply with, all 
applicable FMVSS.

DATES: These decisions became effective on the dates specified in Annex 
A.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided that 
the motor vehicle is substantially similar to a motor vehicle 
originally manufactured for importation into and/or sale in the United 
States, certified under 49 U.S.C. 30115, and of the same model year as 
the model of the motor vehicle to be compared, and is capable of being 
readily altered to conform to all applicable FMVSS.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being altered to comply with, all applicable 
FMVSS based on destructive test data or such other evidence as NHTSA 
decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    NHTSA received petitions from registered importers to decide 
whether the vehicles listed in Annex A to this notice are eligible for 
importation into the United States. To afford an opportunity for public 
comment, NHTSA published notice of these petitions as specified in 
Annex A. The reader is referred to those notices for a thorough 
description of the petitions.
    Comments: No substantive comments were received in response to the 
subject petitions.
    NHTSA Decision: Accordingly, on the basis of the foregoing, NHTSA 
hereby decides that each motor vehicle listed in Annex A to this 
notice, which was not originally manufactured to comply with all 
applicable FMVSS, is either substantially similar to a motor vehicle 
manufactured for importation into and/or sale in the United States, and 
certified under 49 U.S.C. 30115, as specified in Annex A, and is 
capable of being readily altered to conform to all applicable FMVSS or 
has safety features that comply with, or is capable of being altered to 
comply with, all applicable Federal Motor Vehicle Safety Standards.
    Vehicle Eligibility Number for Subject Vehicles: The importer of a 
vehicle admissible under any final decision must indicate on the form 
HS-7 accompanying entry the appropriate vehicle eligibility number 
indicating that the vehicle is eligible for entry. Vehicle eligibility 
numbers assigned to vehicles admissible under this decision are 
specified in Annex A.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49 
CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: August 30, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

ANNEX A

Nonconforming Motor Vehicles Decided to be Eligible for Importation

1. Docket No. NHTSA-2011-0181

    Nonconforming Vehicles: 1999 Volkswagen Bora Passenger Car.
    Substantially Similar U.S. Certified Vehicles: 1999 Volkswagen 
New Jetta Passenger Car.

Notice of Petition

    Published at: 77 FR 5303 (February 2, 2012).
    Vehicle Eligibility Number: VSP-540 (effective date August 8, 
2012).

2. Docket No. NHTSA-2012-0035

    Nonconforming Vehicles: 1999-2006 Toyota Land Cruiser IFS 100 
Series Multipurpose Passenger Vehicles Manufactured prior to 
September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 1999-2006 Toyota 
Land Cruiser IFS 100 Series Multipurpose Passenger Vehicles 
Manufactured prior to September 1, 2006.

Notice of Petition

    Published at: 77 FR 20485 (April 4, 2012).
    Vehicle Eligibility Number: VSP-539 (effective date July 27, 
2012).

3. Docket No. NHTSA-2012-0040

    Nonconforming Vehicles: 2006 Left-Hand Drive Land Rover Range 
Rover Multipurpose Passenger Vehicles Manufactured prior to 
September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2006 Left-Hand 
Drive Land Rover Range Rover Multipurpose Passenger Vehicles 
Manufactured prior to September 1, 2006.

[[Page 55268]]

Notice of Petition

    Published at: 77 FR 24264 (April 23, 2012).
    Vehicle Eligibility Number: VSP-538 (effective date August 8, 
2012).

4. Docket No. NHTSA-2011-0182

    Nonconforming Vehicles: 2000-2003 Kawasaki ZR750 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2000-2003 
Kawasaki ZR750 Motorcycles.

Notice of Petition

    Published at: 76 FR 82039 (December 29, 2011).
    Vehicle Eligibility Number: VSP-537 (effective date February 22, 
2012).

5. Docket No. NHTSA-2011-0158

    Nonconforming Vehicles: 2002 Jaguar XJ8 Passenger Cars 
Manufactured for Sale in the Kuwaiti Market.
    Substantially Similar U.S. Certified Vehicles: 2002 Jaguar XJ8 
Passenger Cars.

Notice of Petition

    Published at: 76 FR 69796 (November 9, 2011).
    Vehicle Eligibility Number: VSP-536 (effective date December 20, 
2011).

6. Docket No. NHTSA-2011-0113

    Nonconforming Vehicles: 2009 Dodge RAM 1500 Laramie Crew Cab 
Trucks Manufactured for the Mexican Market.
    Substantially Similar U.S. Certified Vehicles: 2009 Dodge RAM 
1500 Laramie Crew Cab Trucks.

Notice of Petition

    Published at: 76 FR 49834 (August 11, 2011).
    Vehicle Eligibility Number: VSP-535 (effective date September 
21, 2011).

7. Docket No. NHTSA-2012-0031

    Nonconforming Vehicles: Right-Hand Drive 2000-2003 Jeep Wrangler 
Multi-Purpose Passenger Vehicles.
    Because there are no substantially similar U.S.-certified 
version Right-Hand Drive 2000-2003 Jeep Wrangler Multi-Purpose 
Passenger Vehicles the petitioner sought import eligibility under 49 
U.S.C. 30141(a)(1)(B).

Notice of Petition

    Published at: 77 FR 17567 (March 26, 2012).
    Vehicle Eligibility Number: VCP-50 (effective date July 27, 
2012).

8. Docket No. NHTSA-2012-0030

    Nonconforming Vehicles: 2005 Ifor Williams LM85G Trailers.
    Because there are no substantially similar U.S.-certified 
version 2005 Ifor Williams LM85G Trailers the petitioner sought 
import eligibility under 49 U.S.C. 30141(a)(1)(B).

Notice of Petition

    Published at: 77 FR 17568 (March 26, 2012).
    Vehicle Eligibility Number: VCP-49 (effective date May 7, 2012).

9. Docket No. NHTSA-2011-0157

    Nonconforming Vehicles: 1987-1994 ALPINA Burkard Bovensiepen 
GmbH B11 Sedan Model Passenger Cars.
    Because there are no substantially similar U.S.-certified 
version 1987-1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model 
Passenger Cars the petitioner sought import eligibility under 49 
U.S.C. 30141(a)(1)(B).

Notice of Petition

    Published at: 76 FR 69323 (November 8, 2011).
    Vehicle Eligibility Number: VCP-48 (effective date December 19, 
2011).

[FR Doc. 2012-22034 Filed 9-6-12; 8:45 am]
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