Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation |
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Michael A. Cole
National Highway Traffic Safety Administration
11 March 2019
[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Pages 8782-8783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04371]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0005]
Decision That Certain Nonconforming Motor Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
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 are capable of being readily altered to conform
to the standards.
DATES: These decisions became applicable on the dates specified in
Annex A.
FOR FURTHER INFORMATION CONTACT: Neil Thurgood, Office of Vehicle
Safety Compliance, NHTSA (202-366-0712).
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 part 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 notifies the petitioner of
its decision by letter and publishes public notification of the
decision in the Federal Register.
NHTSA received petitions from registered importers (RIs) 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
petitions identified in Annex A.
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 substantially similar to a motor vehicle
manufactured for importation into and/or sale in the United States and
certified by its manufacturer under 49 U.S.C. 30115, as specified in
Annex A, and is capable of being readily altered to conform to all
applicable FMVSS.
NHTSA has also concluded that each RI who imports and modifies a
vehicle under one of the subject vehicle eligibility numbers for the
first time must include in the statement of conformity and associated
documents (``conformity package'') it submits to the NHTSA under 49 CFR
part 592.6(d) explicit proof to confirm that the vehicle was, where
applicable, originally manufactured to conform to, or was successfully
altered to conform to, FMVSS No. 101, Controls and Displays, FMVSS No.
138, Tire Pressure Monitoring Systems, FMVSS No. 208, Occupant Crash
Protection, and FMVSS No. 301, Fuel System Integrity. This proof must
include detailed descriptions of all modifications made, including a
detailed description of systems in place (if any) on the vehicle as
delivered to the RI, and a similarly detailed description of
alterations made to the vehicle and said systems, including photographs
of all required labeling. The descriptions must also include parts
assembly diagrams and associated part numbers for all components that
were removed from or installed in the vehicle, an accounting of any
computer programming modifications undertaken, and a description of how
compliance was verified after alteration of the vehicle.
Vehicle Eligibility Number for Subject Vehicles: In order to import
a vehicle made admissible under any final decision, the importer must
indicate to U.S. Customs and Border Protection that the vehicle has
been determined eligible for importation. This is done by indicating
the eligibility number, published under that final decision, on DOT
declaration form HS-7. 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 593.7; delegations of authority at 49 CFR 1.95 and 501.8.
Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.
Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA-2017-0029
Nonconforming Vehicles: 2014 BMW X3 Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2014 BMW X3
Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 32708 (July 13, 2018)
Vehicle Eligibility Number: VSP-598 (effective date September 7,
2018)
[[Page 8783]]
2. Docket No. NHTSA-2017-0074
Nonconforming Vehicles: 2012 Mercedes Benz CLS 63 AMG Passenger
Cars, manufactured for the Mexican market
Substantially Similar U.S. Certified Vehicles: 2012 Mercedes Benz
CLS 63 AMG Passenger Cars
Notice of Petition Published at: 83 FR 31033 (July 2, 2018)
Vehicle Eligibility Number: VSP-599 (effective date September 7,
2018)
3. Docket No. NHTSA-2018-0011
Nonconforming Vehicles: 2013 Porsche Panamera Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2013 Porsche Panamera
Passenger Cars
Notice of Petition Published at: 83 FR 35053 (July 24, 2018)
Vehicle Eligibility Number: VSP-600 (effective date September 7,
2018)
4. Docket No. NHTSA-2018-0007
Nonconforming Vehicles: 2016 Mercedes-Benz GL500 Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2016 Mercedes-Benz
GL500 Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61719 (November 30, 2018)
Vehicle Eligibility Number: VSP-601 (effective date February 22,
2019)
5. Docket No. NHTSA-2018-0008
Nonconforming Vehicles: 2016 Chevrolet Equinox Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2016 Chevrolet
Equinox Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61713 (November 30, 2018)
Vehicle Eligibility Number: VSP-602 (effective date February 22,
2019)
6. Docket No. NHTSA-2018-0029
Nonconforming Vehicles: 2015 Chevrolet Silverado Trucks
Substantially Similar U.S. Certified Vehicles: 2015 Chevrolet
Silverado Trucks
Notice of Petition Published at: 83 FR 61714 (November 30, 2018)
Vehicle Eligibility Number: VSP-603 (effective date February 22,
2019)
7. Docket No. NHTSA-2018-0014
Nonconforming Vehicles: 2005 Chevrolet Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Chevrolet
Corvette Passenger Cars
Notice of Petition Published at: 83 FR 61711 (November 30, 2018)
Vehicle Eligibility Number: VSP-604 (effective date February 22,
2019)
8. Docket No. NHTSA-2018-0013
Nonconforming Vehicles: 2015 Bentley Continental Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2015 Bentley
Continental Passenger Cars
Notice of Petition Published at: 83 FR 61710 (November 30, 2018)
Vehicle Eligibility Number: VSP-605 (effective date February 22,
2019)
9. Docket No. NHTSA-2018-0069
Nonconforming Vehicles: 2008 Jeep Grand Cherokee Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2008 Jeep Grand
Cherokee Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61715 (November 30, 2018)
Vehicle Eligibility Number: VSP-606 (effective date February 22,
2019)
10. Docket No. NHTSA-2018-0070
Nonconforming Vehicles: 2011 Mercedes-Benz GL550 Multipurpose
Passenger Vehicles (CMVSS Certified)
Substantially Similar U.S. Certified Vehicles: 2011 Mercedes-Benz
GL550 Multipurpose Passenger Vehicles
Notice of Petition Published at: 83 FR 61718 (November 30, 2018)
Vehicle Eligibility Number: VSP-607 (effective date February 22,
2019)
11. Docket No. NHTSA-2018-0088
Nonconforming Vehicles: 2015 Ferrari 458 Speciale Aperta Passenger
Cars
Substantially Similar U.S. Certified Vehicles: 2015 Ferrari 458
Speciale Aperta Passenger Cars
Notice of Petition Published at: 83 FR 61717 (November 30, 2018)
Vehicle Eligibility Number: VSP-608 (effective date February 22,
2019)
[FR Doc. 2019-04371 Filed 3-8-19; 8:45 am]
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