80_FR_76978 80 FR 76741 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation

80 FR 76741 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 237 (December 10, 2015)

Page Range76741-76742
FR Document2015-31059

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2012 Fisker Karma passenger cars (PC) that were 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 that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2012 Fisker Karma PC) and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 80 Issue 237 (Thursday, December 10, 2015) 
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76741-76742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31059]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0107; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2012 Fisker Karma Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
model year (MY) 2012 Fisker Karma passenger cars (PC) that were 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 that 
were originally manufactured for sale in the United States and that 
were certified by their manufacturer as complying with the safety 
standards (the U.S.-certified version of the 2012 Fisker Karma PC) and 
they are capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is January 11, 
2016.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    How To Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

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 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.
    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

[[Page 76742]]

publishes this decision in the Federal Register.
    Wallace Environmental Testing Laboratories (WETL), Inc. of Houston, 
Texas (Registered Importer R-90-005) has petitioned NHTSA to decide 
whether nonconforming 2012 Fisker Karma PC's are eligible for 
importation into the United States. The vehicles which WETL believes 
are substantially similar are MY 2012 Fisker Karma PC's sold in the 
United States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2012 
Fisker Karma PC's to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified MY 2012 Fisker Karma PC's, as 
originally manufactured, conform to many applicable FMVSS in the same 
manner as their U.S.-certified counterparts, or are capable of being 
readily altered to conform to those standards. Specifically, the 
petitioner claims that the non U.S.-certified MY 2012 Fisker Karma 
PC's, as originally manufactured, conform to: Standard Nos. 102 
Transmission Shift Lever Sequence, Starter Interlock, and Transmission 
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 105 Hydraulic and Electric Brake 
Systems, 106 Brake Hoses, 113 Hood Latch System, 114 Theft Protection, 
116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, 
and Roof panel System, 124 Accelerator Control Systems, 126 Electronic 
Stability Control Systems, 138 Tire Pressure Monitoring Systems, 201 
Occupant Protection in Interior Impact, 202a Head Restraints, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door 
Locks and Door Retention Components, 207 Seating Systems, 210 Seat Belt 
Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
225 Child Restraint Anchorage Systems, 301 Fuel System Integrity, 302 
Flammability of Interior Materials, and 401 Interior Trunk Release.
    The petitioner also contends that the subject non-U.S certified 
vehicles are capable of being readily altered to meet the following 
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the 
speedometer with U.S. model components and addition of the brake 
warning indicator to fully comply with the standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the rear side markers with U.S.-conforming 
components.
    Standard No. 110 Tire Selection and Rims: Installation of the 
required tire information placard.
    Standard No. 111 Rearview Mirrors: Inscription of the required 
warning statement on the face of the passenger mirror.
    Standard No. 208 Occupant Crash Protection: Replacement of the 
passenger seatbelt assembly, passenger front airbag module, left knee 
bolster, right knee bolster, and the instrument cluster with U.S. model 
components.
    Standard No. 209 Seat Belt Assemblies: Replacement of the passenger 
seat belt assembly with U.S. model components.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar to 
meet the requirements of 49 CFR part 565.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above addresses both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-31059 Filed 12-9-15; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 76741 engine replacement. Alion concluded DEPARTMENT OF TRANSPORTATION to http://www.regulations.gov, including that the Voith propulsion units were any personal information provided. paired appropriately (in terms of National Highway Traffic Safety Please see the Privacy Act heading performance and cost) with the engines Administration below. manufactured domestically by Privacy Act: Anyone is able to search [Docket No. NHTSA–2015–0107; Notice 1] Caterpillar. the electronic form of all comments Notice of Receipt of Petition for received into any of our dockets by the With certain exceptions, FTA’s Buy Decision That Nonconforming Model name of the individual submitting the America requirements prevent FTA comment (or signing the comment, if from obligating an amount that may be Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation submitted on behalf of an association, appropriated to carry out its program for business, labor union, etc.). You may a project unless ‘‘the steel, iron, and AGENCY: National Highway Traffic review DOT’s complete Privacy Act manufactured goods used in the project Safety Administration, DOT. Statement in the Federal Register are produced in the United States.’’ 49 ACTION: Receipt of petition. published on April 11, 2000 (65 FR U.S.C. 5323(j)(1). If, however, FTA 19477–78). determines that ‘‘the steel, iron, and SUMMARY: This document announces How To Read Comments submitted to goods produced in the United States are receipt by the National Highway Traffic the Docket: You may read the comments not produced in a sufficient and Safety Administration (NHTSA) of a received by Docket Management at the reasonably available amount or are not petition for a decision that model year address and times given above. You may of a satisfactory quality,’’ then FTA may (MY) 2012 Fisker Karma passenger cars also view the documents from the issue a non-availability waiver. 49 (PC) that were not originally Internet at http://www.regulations.gov. U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). manufactured to comply with all Follow the online instructions for applicable Federal motor vehicle safety accessing the dockets. The docket ID FTA also conducted a scouting search standards (FMVSS), are eligible for number and title of this notice are through its Interagency Agreement with importation into the United States shown at the heading of this document the U.S. Department of Commerce’s because they are substantially similar to notice. Please note that even after the National Institute of Standards and vehicles that were originally comment closing date, we will continue Technology (NIST). The scouting search manufactured for sale in the United to file relevant information in the identified one domestic manufacturer as States and that were certified by their Docket as it becomes available. Further, a potential match for this opportunity, manufacturer as complying with the some people may submit late comments. Astro Manufacturing and Design in safety standards (the U.S.-certified Accordingly, we recommend that you Ohio. This manufacturer produces a version of the 2012 Fisker Karma PC) periodically search the Docket for new similar item to the Vertical Axis and they are capable of being readily material. Cycloidal Propeller and possesses the altered to conform to the standards. FOR FURTHER INFORMATION CONTACT: capabilities to produce the propeller. DATES: The closing date for comments George Stevens, Office of Vehicle Safety However, the U.S. manufacturer on the petition is January 11, 2016. Compliance, NHTSA (202–366–5308). identified does not currently produce ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION: the exact propeller that VDOT is the docket and notice numbers above seeking, as described in this Notice. and be submitted by any of the Background On Tuesday, September 29, 2015, and following methods: Under 49 U.S.C. 30141(a)(1)(A), a in accordance with 49 U.S.C. • Federal eRulemaking Portal: Go to motor vehicle that was not originally 5323(j)(3)(A), FTA published a notice in http://www.regulations.gov. Follow the manufactured to conform to all the Federal Register announcing the online instructions for submitting applicable FMVSS shall be refused VDOT Buy America waiver request (80 comments. admission into the United States unless FR 58530), seeking comment from all • Mail: Docket Management Facility: NHTSA has decided that the motor interested parties, including potential U.S. Department of Transportation, 1200 vehicle is substantially similar to a vendors and suppliers. The comment New Jersey Avenue SE., West Building motor vehicle originally manufactured period closed on Thursday, October 29, Ground Floor, Room W12–140, for importation into and sale in the Washington, DC 20590–0001 United States, certified under 49 U.S.C. 2015 and no comments were received. • Hand Delivery or Courier: West 30115, and of the same model year as Based on the representations from Building Ground Floor, Room W12–140, the model of the motor vehicle to be VDOT, the lack of any comments, and 1200 New Jersey Avenue SE., between compared, and is capable of being the fact that the NIST supplier scouting 9 a.m. and 5 p.m. ET, Monday through readily altered to conform to all search did not identify any domestically Friday, except Federal holidays. applicable FMVSS. made propulsion units utilizing a • Fax: 202–493–2251. Petitions for eligibility decisions may vertical axis cycloidal propeller, FTA is Instructions: Comments must be be submitted by either manufacturers or granting a non-availability waiver for written in the English language, and be importers who have registered with the procurement of Voith Turbo no greater than 15 pages in length, NHTSA pursuant to 49 CFR part 592. As Schneider Propeller GmbH (Voith) 21/ although there is no limit to the length specified in 49 CFR 593.7, NHTSA R5 propulsion units described above. of necessary attachments to the publishes notice in the Federal Register mstockstill on DSK4VPTVN1PROD with NOTICES Issued on: December 7, 2015. comments. If comments are submitted of each petition that it receives, and Dana Nifosi, in hard copy form, please ensure that affords interested persons an two copies are provided. If you wish to opportunity to comment on the petition. Deputy Chief Counsel. receive confirmation that your At the close of the comment period, [FR Doc. 2015–31154 Filed 12–9–15; 8:45 am] comments were received, please enclose NHTSA decides, on the basis of the BILLING CODE 4910–57–P a stamped, self-addressed postcard with petition and any comments that it has the comments. Note that all comments received, whether the vehicle is eligible received will be posted without change for importation. The agency then VerDate Sep<11>2014 19:33 Dec 09, 2015 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

76742 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices publishes this decision in the Federal components and addition of the brake BC 304.00, near Avison, Clinton County, Register. warning indicator to fully comply with Ill., to milepost BC 327.9, near Wallace Environmental Testing the standard. Caseyville, St. Clair County, Ill. (the Laboratories (WETL), Inc. of Houston, Standard No. 108 Lamps, Reflective Line). The Line traverses United States Texas (Registered Importer R–90–005) Devices and Associated Equipment: Postal Service Zip Codes 62232, 62208, has petitioned NHTSA to decide Replacement of the rear side markers 62269, 62254, 62293, and 62216. whether nonconforming 2012 Fisker with U.S.-conforming components. CSXT has certified that: (1) No freight Karma PC’s are eligible for importation Standard No. 110 Tire Selection and traffic has moved over the Line for at into the United States. The vehicles Rims: Installation of the required tire least two years; (2) no formal complaint which WETL believes are substantially information placard. filed by a user of rail service on the Line similar are MY 2012 Fisker Karma PC’s Standard No. 111 Rearview Mirrors: (or by a state or local government entity sold in the United States and certified Inscription of the required warning acting on behalf of such user) regarding by their manufacturer as conforming to statement on the face of the passenger cessation of service over the Line either all applicable FMVSS. mirror. is pending with the Surface The petitioner claims that it compared Standard No. 208 Occupant Crash Transportation Board or any U.S. non-U.S. certified MY 2012 Fisker Protection: Replacement of the District Court or has been decided in Karma PC’s to their U.S.-certified passenger seatbelt assembly, passenger favor of a complainant within the two- counterparts, and found the vehicles to front airbag module, left knee bolster, year period; and (3) the requirements at be substantially similar with respect to right knee bolster, and the instrument 49 CFR 1105.12 (newspaper compliance with most FMVSS. cluster with U.S. model components. publication), and 49 CFR 1152.50(d)(1) WETL submitted information with its Standard No. 209 Seat Belt (notice to governmental agencies) have petition intended to demonstrate that Assemblies: Replacement of the been met. non-U.S. certified MY 2012 Fisker passenger seat belt assembly with U.S. As a condition to this exemption, any Karma PC’s, as originally manufactured, model components. employee adversely affected by the conform to many applicable FMVSS in The petitioner additionally states that discontinuance shall be protected under the same manner as their U.S.-certified a vehicle identification plate must be Oregon Short Line Railroad— counterparts, or are capable of being affixed to the vehicle near the left Abandonment Portion Goshen Branch readily altered to conform to those windshield pillar to meet the Between Firth & Ammon, in Bingham & standards. Specifically, the petitioner requirements of 49 CFR part 565. Bonneville Counties, Idaho, 360 I.C.C. claims that the non U.S.-certified MY All comments received before the 91 (1979). To address whether this 2012 Fisker Karma PC’s, as originally close of business on the closing date condition adequately protects affected manufactured, conform to: Standard indicated above will be considered, and employees, a petition for partial Nos. 102 Transmission Shift Lever will be available for examination in the revocation under 49 U.S.C. 10502(d) Sequence, Starter Interlock, and docket at the above addresses both must be filed. Transmission Braking Effect, 103 before and after that date. To the extent Provided no formal expression of Windshield Defrosting and Defogging possible, comments filed after the intent to file an offer of financial Systems, 104 Windshield Wiping and closing date will also be considered. assistance (OFA) to subsidize continued Washing Systems, 105 Hydraulic and Notice of final action on the petition rail service has been received, this Electric Brake Systems, 106 Brake will be published in the Federal exemption will become effective on Hoses, 113 Hood Latch System, 114 Register pursuant to the authority January 9, 2016, unless stayed pending Theft Protection, 116 Motor Vehicle reconsideration. Petitions to stay that do indicated below. Brake Fluids, 118 Power-Operated not involve environmental issues and Window, Partition, and Roof panel Authority: 49 U.S.C. 30141(a)(1)(A), formal expressions of intent to file an System, 124 Accelerator Control (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation OFA to subsidize continued rail service of authority at 49 CFR 1.95 and 501.8. Systems, 126 Electronic Stability under 49 CFR 1152.27(c)(2) 1 must be Control Systems, 138 Tire Pressure Jeffrey M. Giuseppe, filed by December 21, 2015.2 Petitions Monitoring Systems, 201 Occupant Director, Office of Vehicle Safety Compliance. to reopen must be filed by December 30, Protection in Interior Impact, 202a Head [FR Doc. 2015–31059 Filed 12–9–15; 8:45 am] 2015, with the Surface Transportation Restraints, 204 Steering Control BILLING CODE 4910–59–P Board, 395 E Street, SW., Washington, Rearward Displacement, 205 Glazing DC 20423–0001. Materials, 206 Door Locks and Door A copy of any petition filed with the Retention Components, 207 Seating DEPARTMENT OF TRANSPORTATION Board should be sent to CSXT’s Systems, 210 Seat Belt Assembly representative: Louis E. Gitomer, Law Anchorages, 212 Windshield Mounting, Surface Transportation Board Offices of Louis E. Gitomer, 600 214 Side Impact Protection, 216 Roof Baltimore Avenue, Suite 301, Towson, [Docket No. AB 55 (Sub-No. 748X)] Crush Resistance, 219 Windshield Zone MD 21204. Intrusion, 225 Child Restraint CSX Transportation, Inc.— If the verified notice contains false or Anchorage Systems, 301 Fuel System Discontinuance of Service misleading information, the exemption Integrity, 302 Flammability of Interior Exemption—in St. Clair and Clinton is void ab initio. Materials, and 401 Interior Trunk Because there will be an Counties, Ill. Release. environmental review during an mstockstill on DSK4VPTVN1PROD with NOTICES The petitioner also contends that the CSX Transportation, Inc. (CSXT), filed abandonment, this discontinuance does subject non-U.S certified vehicles are a verified notice of exemption under 49 not require an environmental review. capable of being readily altered to meet CFR pt. 1152 subpart F—Exempt the following standards, in the manner Abandonments and Discontinuances of 1 Each OFA must be accompanied by the filing Service to discontinue service over an fee, which is currently set at $1,600. See 49 CFR indicated: 1002.2(f)(25). Standard No. 101 Controls and approximately 23.9-mile rail line on its 2 Because this is a discontinuance proceeding and Displays: Replacement of the Southern Region, Nashville Division, not an abandonment, interim trail use/rail banking speedometer with U.S. model Illinois Subdivision between milepost and public use conditions are not appropriate. VerDate Sep<11>2014 19:33 Dec 09, 2015 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1


Document Created: 2015-12-14 13:29:25
Document Modified: 2015-12-14 13:29:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is January 11, 2016.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation80 FR 76741 
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