81 FR 12562 - 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 81, Issue 46 (March 9, 2016)

Page Range		12562-12563
FR Document		2016-05164

This document announces a decision by the National Highway Traffic Safety Administration that certain model year (MY) 2012 Fisker Karma passenger cars (PCs) 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 originally manufactured for importation into and sale in the United States 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 81 Issue 46 (Wednesday, March 9, 2016)

[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12562-12563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05164]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0107, Notice 2]


Decision That Nonconforming Model Year 2012 Fisker Karma 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2012 Fisker 
Karma passenger cars (PCs) 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 originally manufactured for 
importation into and sale in the United States 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: This decision became effective on March 3, 2016.

ADDRESSES: 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

[[Page 12563]]

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 as required 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 publishes this decision in 
the Federal Register.
    Wallace Environmental Testing Laboratories Inc. (WETL) of Houston, 
Texas (Registered Importer R-90-005), petitioned NHTSA to decide 
whether MY 2012 Fisker Karma PCs are eligible for importation into the 
United States. NHTSA published a notice of the petition on December 10, 
2015 (80 FR 76741) to afford an opportunity for public comment. The 
reader is referred to that notice for a thorough description of the 
petition.

Comments

    On January 15, 2015, comments were received from Derek Nelson 
challenging the petition's representation that off-the-shelf U.S. model 
components are readily available to replace non-U.S. model components, 
including passenger seatbelt assemblies, passenger front airbag 
modules, left knee bolsters, right knee bolsters, and instrument 
clusters. Mr. Nelson further expressed the opinion that the MY 2012 
Fisker Karma passenger cars should be imported only for display or 
testing purposes, and that, upon completion of display or testing, the 
vehicles should be exported or destroyed.
    On February 9, 2016, David Strader of Karma Automotive, LLC, 
responded to Mr. Nelson's comments by stating that there are sufficient 
quantities of U.S. specification, off-the-shelf, safety and 
instrumentation components available to the general public from 
authorized service providers in the U.S. He also stated that the list 
of authorized service providers is available on the Web site 
www.karmaautomotive.com.

Comments and Conclusions

    NHTSA has reviewed the petition, the comments from Mr. Nelson and 
the response to those comments from Mr. Strader, and has concluded that 
the vehicles covered by the petition are capable of being readily 
altered to comply with all applicable FMVSS.
    However, NHTSA has additionally decided that any RI who imports or 
modifies one of these vehicles must include in the statement of 
conformity and associated documents (referred to as a ``conformity 
package'') it submits to NHTSA under 49 CFR 592.6(d) additional 
specific proof to confirm that the vehicle was manufactured to conform 
to, or was successfully altered to conform to, FMVSS No. 208 Occupant 
Protection. This proof must include detailed descriptions of all 
modifications made to achieve conformity with the standard, including a 
detailed description of the occupant protection system in place on the 
vehicle at the time was delivered to the RI and a similarly detailed 
description of the occupant protection system in place after the 
vehicle is altered, including photographs of all required labeling. The 
description must also include parts assembly diagrams and associated 
part numbers for all components that were removed from or installed on 
the vehicle, a description of how any computer programming changes were 
completed, and a description of how compliance was verified after 
alterations were completed. Photographs (e.g., monitor print screen 
captures) or report printouts, as practicable, must be submitted as 
proof that any computer reprogramming was carried out successfully.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that any 
changes it made in loading or reprogramming vehicle software to achieve 
conformity with each separate FMVSS did not cause the vehicle to fall 
out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2012 Fisker Karma passenger cars that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 2012 Fisker Karma PCs manufactured for importation into and/
or sale in the United States, and certified under 49 U.S.C. 30115, and 
are capable of being readily altered to conform to 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. 
VSP-577 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-05164 Filed 3-8-16; 8:45 am]
 BILLING CODE 4910-59-P

12562 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices

SAFETEA–LU, 49 U.S.C. 5310 note, displace any of its existing employees in separate document that makes the same
because federal funding is no longer order to satisfy such hiring preference; affirmation as on the Signature Page. In
available for those programs. and such a case, the Regional Office or the
l. We removed former Group 19, Low 3. That any increase in the cost of Headquarters Program Office must
or No Emission/Clean Fuels Grant labor, training, or delays resulting from attach the paper submission to TrAMS.
Programs, because the Certifications for the use of such hiring preference does For more information, you may
the Low or No Emission Vehicle not delay or displace any transportation contact the appropriate FTA Regional or
Deployment Program have been moved project in the applicable Statewide Metropolitan Office.
to re-numbered Category 13, the Buses Transportation Improvement Program or Authority. 49 U.S.C. chapter 53; the Fixing
and Bus Facilities Program, and there is Transportation Improvement Program. America’s Surface Transportation (FAST)
no longer federal funding for the Clean Act, Pub. L. 114–94, December 4, 2015, and;
6. How do you submit the Certifications
Fuels Grant Program, authorized under other federal laws administered by FTA; U.S.
and Assurances?
former 49 U.S.C. 5308. DOT and FTA regulations codified or to be
m. We have transferred former Group a. Electronic Submission. Except in codified in Title 49, Code of Federal
20, the Paul S. Sarbanes Transit in Parks rare circumstances and if permitted by Regulations; and FTA Circulars.
program to Category 22. FTA, you must submit your Applicant’s
Therese W. McMillan,
n. We have re-numbered former FY 2016 Certifications and Assurances
and your attorney’s Affirmation in Acting Administrator.
Group 21, the Certifications and
Assurances for the State Safety TrAMS. To submit the Certifications [FR Doc. 2016–05147 Filed 3–8–16; 8:45 am]
Oversight Grant Program, as Category and Assurances, you must be registered BILLING CODE P

18. in TrAMS. TrAMS contains fields for
o. We have re-numbered former individually selecting among the
Group 22, the Certifications and twenty-three (23) Categories of DEPARTMENT OF TRANSPORTATION
Assurances for the Public Certifications and Assurances that apply
to your Applicant and also a designated National Highway Traffic Safety
Transportation Emergency Relief
field for selecting all twenty-three (23) Administration
Program, as Category 19, and have
added a reference to FTA regulations, Categories, of which only the [Docket No. NHTSA–2015–0107, Notice 2]
‘‘Emergency Relief,’’ 49 CFR part 602. requirements that apply to you or your
p. We have re-numbered former Applicant will be enforced. Decision That Nonconforming Model
Group 23, the Certifications and As an authorized representative of the Year 2012 Fisker Karma Passenger
Assurances for the Expedited Project Applicant, you must enter your personal Cars Are Eligible for Importation
Delivery Pilot Program, as Category 20. identification number (PIN), which is
AGENCY: National Highway Traffic
These certifications are for the program your electronic signature, in TrAMS.
The Attorney must enter his or her PIN Safety Administration (NHTSA),
authorized by the FAST Act. We Department of Transportation (DOT).
removed the Certifications and in TrAMS, affirming your Applicant’s
legal authority to make and comply with ACTION: Grant of petition.
Assurances for the MAP–21 Expedited
Project Delivery Pilot Program because the Certifications and Assurances you SUMMARY: This document announces a
we have no funding for that program. have selected on its behalf. You may decision by the National Highway
q. We have re-numbered former enter your PIN in place of the Attorney’s Traffic Safety Administration that
Group 24, the Certifications and PIN, provided that your Applicant has certain model year (MY) 2012 Fisker
Assurances for the Infrastructure on file and uploads to TrAMS a similar Karma passenger cars (PCs) that were
Finance Programs, as Category 21. affirmation that has been written, dated, not originally manufactured to comply
r. We have added a new Group 23, the and signed by its Attorney in FY 2016. with all applicable Federal Motor
Certifications and Assurances for b. Paper Submission. Only in very
Vehicle Safety Standards (FMVSS) are
Construction Hiring Preferences. These limited circumstances may your
eligible for importation into the United
certifications are required by section Applicant submit its FY 2016
States because they are substantially
192 of division L, title I of the Certifications and Assurances on paper.
similar to vehicles originally
Consolidated Appropriations Act. 2016, For example if the Applicant has
manufactured for importation into and
Public Law 114–113, which requires demonstrated that it is unable to submit
sale in the United States that were
you, on behalf of your Applicant, to its Certifications and Assurances
certified by their manufacturer as
certify that if, in connection with any electronically in TrAMS or is a one-time
complying with the safety standards
third party contract for construction recipient, and if FTA has agreed in
(the U.S. certified version of the 2012
hiring financed under title 49 U.S.C. or writing to accept your Applicant’s
Fisker Karma PC), and they are capable
title 23 U.S.C., it uses a geographic, Certifications and Assurances on paper,
of being readily altered to conform to
economic, or any other hiring then your Applicant may indicating the
the standards.
preference not otherwise authorized by Categories of Certifications and
Assurances your Applicant is DATES: This decision became effective
law or prohibited under 2 CFR
200.319(b): submitting in typewritten hard copy on on March 3, 2016.
1. Except with respect to apprentices the Signature Pages. ADDRESSES: For further information
or trainees, a pool of readily available To do so, you may place a single mark contact George Stevens, Office of
but unemployed individuals possessing in the designated space to signify your Vehicle Safety Compliance, NHTSA
the knowledge, skill, and ability to Applicant’s agreement to comply with (202–366–5308).
Lhorne on DSK5TPTVN1PROD with NOTICES

perform the work that the third party all Categories of Certifications and SUPPLEMENTARY INFORMATION:
contract requires resides in the Assurances to the extent that they apply
to it, or select the specific Categories of Background
jurisdiction where the work will be
performed; Certifications and Assurances that apply Under 49 U.S.C. 30141(a)(1)(A), a
2. It will include appropriate to your Applicant and its Award. You motor vehicle that was not originally
provisions in its bid document ensuring must obtain your Attorney’s signature, manufactured to conform to all
that its third party contractor(s) do not whether on the Signature Page or on a applicable FMVSS shall be refused

VerDate Sep<11>2014 15:08 Mar 08, 2016 Jkt 238001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1

Document Created: 2016-03-09 00:13:23
Document Modified: 2016-03-09 00:13:23

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 petition.
Dates		This decision became effective on March 3, 2016.
FR Citation		81 FR 12562

81 FR 12562 - Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 46 (March 9, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration