80 FR 50921 - Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 162 (August 21, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50921-50922 | |
| FR Document | 2015-20667 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Notices] [Pages 50921-50922] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20667] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0077] Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petitions. ----------------------------------------------------------------------- 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. ADDRESSES: For further information contact Mr. 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 petitions identified in Appendix 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 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 are 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 593.7; delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. ANNEX A--Nonconforming Motor Vehicles Decided To Be Eligible for Importation 1. Docket No. NHTSA-2014-0048 Nonconforming Vehicles: 2011-2014 Harley-Davidson FX, FL, XL, and VR Series Motorcycles Substantially Similar U.S. Certified Vehicles: 2011-2014 Harley- Davidson FX, FL, XL, and VR Series Motorcycles Notice of Petition Published at: 79 FR 26804 (May 9, 2014) Vehicle Eligibility Number: VSP-567 (effective date June 24, 2014) 2. Docket No. NHTSA-2014-0098 Nonconforming Vehicles: 2002 BMW Z3 Passenger Cars Substantially Similar U.S. Certified Vehicles: 2002 BMW Z3 Passenger Cars Notice of Petition Published at: 79 FR 56851 (September 23, 2014) Vehicle Eligibility Number: VSP-568 (effective date November 5, 2014) 3. Docket No. NHTSA-2014-0120 Nonconforming Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Substantially Similar U.S. Certified Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Notice of Petition Published at: 80 FR 36404 (June 24, 2015) Vehicle Eligibility Number: VSP-572 (effective date July 31, 2015) 4. Docket No. NHTSA-2014-0097 Nonconforming Vehicles: 1991 BMW M3 Convertible Passenger Cars [[Page 50922]] Because there are no substantially similar U.S.-certified version 1991 BMW M3 Convertible Passenger Cars the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 80 FR 30761 (May 29, 2015) Vehicle Eligibility Number: VCP-60 (effective date August 6, 2015) [FR Doc. 2015-20667 Filed 8-20-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50921
United States, it does not produce ADDRESSES: For further information manufactured for importation into and/
detachable tramways like the one used contact Mr. George Stevens, Office of or sale in the United States, and
by Mountain Village. Additionally, parts Vehicle Safety Compliance, NHTSA certified under 49 U.S.C. 30115, as
for the remainder of the tramway are of (202–366–5308). specified in Annex A, and is capable of
a different design and are not SUPPLEMENTARY INFORMATION: being readily altered to conform to all
interchangeable with those used on applicable FMVSS or has safety features
other gondola systems. Background that comply with, or are capable of
On Wednesday, July 22, 2015, and in Under 49 U.S.C. 30141(a)(1)(A), a being altered to comply with, all
accordance with 49 U.S.C. 5323(j)(3)(A), motor vehicle that was not originally applicable Federal Motor Vehicle Safety
FTA published a notice in the Federal manufactured to conform to all Standards.
Register announcing the Colorado applicable FMVSS shall be refused Vehicle Eligibility Number for Subject
Department of Transportation Buy admission into the United States unless Vehicles: The importer of a vehicle
America waiver request made on behalf NHTSA has decided that the motor admissible under any final decision
of Mountain Village (80 FR 43552), vehicle is substantially similar to a must indicate on the form HS–7
seeking comment from all interested motor vehicle originally manufactured accompanying entry the appropriate
parties, including potential vendors and for importation into and/or sale in the vehicle eligibility number indicating
suppliers. The comment period closed United States, certified under 49 U.S.C. that the vehicle is eligible for entry.
on August 5, 2015, and no comments 30115, and of the same model year as Vehicle eligibility numbers assigned to
were received. the model of the motor vehicle to be vehicles admissible under this decision
Based on the representations from the compared, and is capable of being are specified in Annex A.
Colorado Department of Transportation readily altered to conform to all
and the Colorado Passenger Tramway Authority: 49 U.S.C. 30141(a)(1)(A),
applicable FMVSS. (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
Safety Board, and the lack of any Where there is no substantially of authority at 49 CFR 1.95 and 501.8.
comments opposing the waiver, FTA is similar U.S.-certified motor vehicle, 49
granting a non-availability waiver for U.S.C. 30141(a)(1)(B) permits a Jeffrey M. Giuseppe,
replacement gondola components, nonconforming motor vehicle to be Director, Office of Vehicle Safety Compliance.
limited to the parts procured by admitted into the United States if its
Mountain Village for the gondola ANNEX A—Nonconforming Motor
safety features comply with, or are
refurbishment projects described above. capable of being altered to comply with, Vehicles Decided To Be Eligible for
all applicable FMVSS based on Importation
Issued on August 17, 2015.
Dana C. Nifosi, destructive test data or such other 1. Docket No. NHTSA–2014–0048
Acting Chief Counsel.
evidence as NHTSA decides to be Nonconforming Vehicles: 2011–2014
adequate. Harley-Davidson FX, FL, XL, and VR
[FR Doc. 2015–20662 Filed 8–20–15; 8:45 am]
Petitions for eligibility decisions may Series Motorcycles
BILLING CODE 4910–57–P be submitted by either manufacturers or Substantially Similar U.S. Certified
importers who have registered with Vehicles: 2011–2014 Harley-Davidson
NHTSA pursuant to 49 CFR part 592. As FX, FL, XL, and VR Series
DEPARTMENT OF TRANSPORTATION specified in 49 CFR 593.7, NHTSA Motorcycles
National Highway Traffic Safety publishes notice in the Federal Register Notice of Petition Published at: 79 FR
Administration of each petition that it receives, and 26804 (May 9, 2014)
affords interested persons an Vehicle Eligibility Number: VSP–567
[Docket No. NHTSA–2015–0077] opportunity to comment on the petition. (effective date June 24, 2014)
At the close of the comment period,
Decision That Certain Nonconforming NHTSA decides, on the basis of the 2. Docket No. NHTSA–2014–0098
Motor Vehicles Are Eligible for petition and any comments that it has
Importation Nonconforming Vehicles: 2002 BMW Z3
received, whether the vehicle is eligible Passenger Cars
AGENCY: National Highway Traffic for importation. The agency then Substantially Similar U.S. Certified
Safety Administration, DOT. publishes this decision in the Federal Vehicles: 2002 BMW Z3 Passenger
ACTION: Grant of Petitions. Register. Cars
NHTSA received petitions from Notice of Petition Published at: 79 FR
SUMMARY: This document announces registered importers to decide whether 56851 (September 23, 2014)
decisions by NHTSA that certain motor the vehicles listed in Annex A to this Vehicle Eligibility Number: VSP–568
vehicles not originally manufactured to notice are eligible for importation into (effective date November 5, 2014)
comply with all applicable Federal the United States. To afford an
Motor Vehicle Safety Standards opportunity for public comment, 3. Docket No. NHTSA–2014–0120
(FMVSS) are eligible for importation NHTSA published notice of these Nonconforming Vehicles: 2008 Cadillac
into the United States because they are petitions as specified in Annex A. The Escalade Multipurpose Passenger
substantially similar to vehicles reader is referred to those notices for a Vehicles
originally manufactured for sale in the thorough description of the petitions. Substantially Similar U.S. Certified
United States and certified by their Comments: No substantive comments Vehicles: 2008 Cadillac Escalade
manufacturers as complying with the were received in response to the Multipurpose Passenger Vehicles
safety standards, and they are capable of petitions identified in Appendix A. Notice of Petition Published at: 80 FR
rmajette on DSK7SPTVN1PROD with NOTICES
being readily altered to conform to the NHTSA Decision: Accordingly, on the 36404 (June 24, 2015)
standards or because they have safety basis of the foregoing, NHTSA hereby Vehicle Eligibility Number: VSP–572
features that comply with, or are decides that each motor vehicle listed in (effective date July 31, 2015)
capable of being altered to comply with, Annex A to this notice, which was not
all applicable FMVSS. originally manufactured to comply with 4. Docket No. NHTSA–2014–0097
DATES: These decisions became effective all applicable FMVSS, is either Nonconforming Vehicles: 1991 BMW
on the dates specified in Annex A. substantially similar to a motor vehicle M3 Convertible Passenger Cars
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![50922 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
Because there are no substantially requirements at 49 CFR 1105.7(c) Federal Information Relay Service
similar U.S.–certified version 1991 (environmental report), 49 CFR 1105.11 (FIRS) at (800) 877–8339. Comments on
BMW M3 Convertible Passenger Cars (transmittal letter), 49 CFR 1105.12 environmental and historic preservation
the petitioner sought import eligibility (newspaper publication), and 49 CFR matters must be filed within 15 days
under 49 U.S.C. 30141(a)(1)(B). 1152.50(d)(1) (notice to government after the EA becomes available to the
Notice of Petition Published at: 80 FR agencies) have been met. public.
30761 (May 29, 2015) As a condition to this exemption, any Environmental, historic preservation,
Vehicle Eligibility Number: VCP–60 employee adversely affected by the public use, or trail use/rail banking
(effective date August 6, 2015) abandonment shall be protected under conditions will be imposed, where
[FR Doc. 2015–20667 Filed 8–20–15; 8:45 am] Oregon Short Line Railroad— appropriate, in a subsequent decision.
BILLING CODE 4910–59–P Abandonment Portion Goshen Branch Pursuant to the provisions of 49 CFR
Between Firth & Ammon, in Bingham & 1152.29(e)(2), V&S shall file a notice of
Bonneville Counties, Idaho, 360 I.C.C. consummation with the Board to signify
DEPARTMENT OF TRANSPORTATION 91 (1979). To address whether this that it has exercised the authority
condition adequately protects affected granted and fully abandoned the
Surface Transportation Board employees, a petition for partial Towner Line. If consummation has not
revocation under 49 U.S.C. 10502(d) been effected by filing of a notice of
[Docket No. AB 603 (Sub-No. 4X)]
must be filed. consummation by August 21, 2016, and
V and S Railway, LLC—Abandonment Provided no formal expression of there are no legal or regulatory barriers
Exemption—in Pueblo, Crowley, and intent to file an offer of financial to consummation, the authority to
Kiowa Counties, Colo. assistance (OFA) has been received, this abandon will automatically expire.
exemption will be effective on Board decisions and notices are
V and S Railway, LLC (V&S) has filed September 20, 2015, unless stayed available on our Web site at
a verified notice of exemption under 49 pending reconsideration. Petitions to www.stb.dot.gov.
CFR part 1152 subpart F—Exempt stay that do not involve environmental Decided: August 18, 2015.
Abandonments to abandon a line of issues,2 formal expressions of intent to By the Board, Rachel D. Campbell,
railroad extending between milepost file an OFA under 49 CFR Director, Office of Proceedings.
747.5 near Towner and milepost 869.4 1152.27(c)(2),3 and interim trail use/rail Jeffrey Herzig,
near NA Junction, a distance of 121.9 banking requests under 49 CFR 1152.29 Clearance Clerk.
miles in Pueblo, Crowley, and Kiowa must be filed by August 31, 2015. [FR Doc. 2015–20718 Filed 8–20–15; 8:45 am]
Counties, Colo. (the Towner Line). The Petitions to reopen or requests for
Towner Line traverses United States BILLING CODE 4915–01–P
public use conditions under 49 CFR
Postal Service Zip Codes 81022, 80125, 1152.28 must be filed by September 10,
81062, 81033, 81063, 81076, 81021, 2015, with the Surface Transportation DEPARTMENT OF TRANSPORTATION
81045, 81036, and 81071. Board, 395 E Street SW., Washington,
V&S has certified that: (1) No local DC 20423–0001. Surface Transportation Board
traffic has moved over the Towner Line A copy of any petition filed with the
for at least two years; (2) any overhead [Docket No. FD 35938]
Board should be sent to applicant’s
traffic on the Towner Line can be representative: Fritz R. Kahn, Fritz R.
rerouted over other lines; (3) no formal New England Central Railroad, Inc.—
Kahn, P.C., 1919 M Street NW., 7th Acquisition and Operation
complaint filed by a user of rail service Floor, Washington, DC 20036.
on the Towner Line (or by a state or Exemption—Claremont Concord
If the verified notice contains false or Railroad Corp.
local government entity acting on behalf misleading information, the exemption
of such user) regarding cessation of is void ab initio. New England Central Railroad, Inc.
service over the Towner Line is either V&S has filed a combined (NECR), a Class III rail carrier, has filed
pending with the Surface environmental and historic report that a verified notice of exemption under 49
Transportation Board (Board) or with addresses the effects, if any, of the CFR 1150.41 to acquire from Claremont
any U.S. District Court or has been abandonment on the environment and Concord Railroad Corp. (CCRR) its
decided in favor of a complainant historic resources. OEA will issue an rights in a line of railroad between
within the two-year period; 1 and (4) the environmental assessment (EA) by milepost 0.29 and milepost 2.1 in
August 28, 2015. Interested persons may Claremont, Sullivan County, N.H., and
1 In Docket No. NOR 42140, the Colorado Wheat
obtain a copy of the EA by writing to its rights in a line of railroad between
Administrative Committee, the Colorado milepost 141.00 +/¥ and milepost
Association of Wheat Growers, the Colorado Wheat
OEA (Room 1100, Surface
Research Foundation, and KCVN, LLC (collectively, Transportation Board, Washington, DC 142.78+/¥ 1 in West Lebanon, Graton
the Colorado Interests) filed a complaint alleging 20423–0001) or by calling OEA at (202) County, N.H.2
that V&S has violated 49 U.S.C. 11101 and 10903 245–0305. Assistance for the hearing The transaction is expected to be
by removing certain track and related assets from consummated on or after September 8,
a segment of the Towner Line over which the Board
impaired is available through the
had previously permitted V&S to discontinue
2015.
2 The Board will grant a stay if an informed
service. See V&S Ry.—Discontinuance of Serv.
Exemption—in Pueblo, Crowley, & Kiowa Cntys., decision on environmental issues (whether raised 1 CCRR has recently obtained authority to
Colo., AB 603 (Sub-No. 2X) (STB served June 28, by a party or by the Board’s Office of Environmental discontinue service over 0.97 miles of rail line
2012). This segment of the Towner Line, known as Analysis (OEA) in its independent investigation) between approximately milepost 140 and milepost
rmajette on DSK7SPTVN1PROD with NOTICES
the Western Segment, extends between milepost cannot be made before the exemption’s effective 141. See Claremont Concord R.R.—Discontinuance
808.3 near Haswell, Colo., and milepost 868.5. The date. See Exemption of Out-of-Serv. Rail Lines, 5 of Serv. Exemption—in Grafton Cnty., N.H., AB
Board granted the joint petition of V&S and the I.C.C. 2d 377 (1989). Any request for a stay should 1120 (Sub-No. 1X) et al. (STB served Feb. 12, 2015).
Colorado Interests asking that the agency stay that be filed as soon as possible so that the Board may NECR is not acquiring any rights with respect to the
complaint proceeding so that V&S could file for the take appropriate action before the exemption’s portion of the rail line over which service is being
abandonment exemption it seeks here. See Colo. effective date. discontinued.
Wheat Admin. Comm. v. V&S Ry., NOR 42140 (STB 3 Each OFA must be accompanied by the filing 2 CCRR owns the line in Claremont and leases the
served July 17, 2015). Based on these facts, the fee, which is currently set at $1,600. See 49 CFR line in West Lebanon from the State of New
certification is accurate. 1002.2(f)(25). Hampshire’s Department of Transportation.
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Document Created: 2018-02-23 11:00:41
Document Modified: 2018-02-23 11:00:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of Petitions. | |
| Dates | These decisions became effective on the dates specified in Annex A. | |
| FR Citation | 80 FR 50921 |
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