81_FR_71381 81 FR 71182 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008 Chevrolet Silverado Trucks are Eligible for Importation

81 FR 71182 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008 Chevrolet Silverado Trucks are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71182-71183
FR Document2016-24855

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2008 Chevrolet Silverado trucks 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 2008 Chevrolet Silverado truck) and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71182-71183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24855]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0041; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2008 Chevrolet Silverado Trucks are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (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) 2008 Chevrolet Silverado trucks 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 2008 Chevrolet Silverado 
truck) and they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is November 14, 
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 https://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

[[Page 71183]]

received will be posted without change to https://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 https://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 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 2008 Chevrolet Silverado trucks are eligible for 
importation into the United States. The vehicles which WETL believes 
are substantially similar are MY 2008 Chevrolet Silverado trucks 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 2008 
Chevrolet Silverado trucks 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 2008 Chevrolet Silverado trucks, 
as originally manufactured, conform with 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 2008 Chevrolet 
Silverado trucks, 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, 106 Brake Hoses, 
108 Lamps, reflective devices, and associated equipment, 111 Rear 
visibility, 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, 135 Light vehicle brake systems, 138 Tire Pressure 
Monitoring Systems, 201 Occupant Protection in Interior Impact, 202a 
Head Restraints, 203 Impact Protection for the Driver from the Steering 
Control System, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 208 Occupant Crash Protection, 210 Seat Belt Assembly 
Anchorages, 212 Windshield Mounting, 213 Child Restraint Systems, 214 
Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone 
Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System 
Integrity, and 302 Flammability of Interior Materials.
    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: Addition of the brake 
warning indicator to fully comply with the standard.
    Standard No. 110 Tire Selection and Rims: Installation of the 
required tire information placard.
    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. 2016-24855 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-59-P



                                               71182                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               and 31315, each of the 11 applicants has                  The exemptions are extended subject                 DEPARTMENT OF TRANSPORTATION
                                               satisfied the conditions for obtaining an               to the following conditions: (1) Each
                                               exemption from the Epilepsy and                         driver must remain seizure-free and                   National Highway Traffic Safety
                                               Seizure Disorder requirements and were                  maintain a stable treatment during the                Administration
                                               published in the Federal Register (79                   two-year exemption period; (2) each                   [Docket No. NHTSA–2016–0041; Notice 1]
                                               FR 70917; 79 FR 73690; 79 FR 23054).                    driver must submit annual reports from
                                               In addition, for Commercial Driver’s                    their treating physicians attesting to the            Notice of Receipt of Petition for
                                               License (CDL) holders, the Commercial                   stability of treatment and that the driver            Decision That Nonconforming Model
                                               Driver’s License information System                     has remained seizure-free; (3) each                   Year 2008 Chevrolet Silverado Trucks
                                               (CDLIS) and the Motor Carrier                           driver must undergo an annual medical                 are Eligible for Importation
                                               Management Information System                           examination by a certified Medical
                                               (MCMIS) are searched for crash and                                                                            AGENCY:  National Highway Traffic
                                                                                                       Examiner, as defined by 49 CFR 390.5;                 Safety Administration (NHTSA),
                                               violation data. For non-CDL holders, the
                                                                                                       and (4) each driver must provide a copy               Department of Transportation (DOT).
                                               Agency reviews the driving records
                                                                                                       of the annual medical certification to
                                               from the State Driver’s Licensing                                                                             ACTION: Receipt of petition.
                                               Agency (SDLA). These factors provide                    the employer for retention in the
                                               an adequate basis for predicting each                   driver’s qualification file, or keep a copy           SUMMARY:    This document announces
                                               driver’s ability to continue to safely                  of his/her driver’s qualification file if             receipt by the National Highway Traffic
                                               operate a CMV in interstate commerce.                   he/she is self-employed. The driver                   Safety Administration (NHTSA) of a
                                                  The 11 drivers in this notice remain                 must also have a copy of the exemption                petition for a decision that model year
                                               in good standing with the Agency, have                  when driving, for presentation to a duly              (MY) 2008 Chevrolet Silverado trucks
                                               maintained their medical monitoring                     authorized Federal, State, or local                   that were not originally manufactured to
                                               and have not exhibited any medical                      enforcement official. The exemption                   comply with all applicable Federal
                                               issues that would compromise their                      will be rescinded if: (1) The person fails            motor vehicle safety standards
                                               ability to safely operate a CMV during                  to comply with the terms and                          (FMVSS), are eligible for importation
                                               the previous two-year exemption                         conditions of the exemption; (2) the                  into the United States because they are
                                               period. FMCSA has concluded that                        exemption has resulted in a lower level               substantially similar to vehicles that
                                               renewing the exemptions for each of                     of safety than was maintained before it               were originally manufactured for sale in
                                               these applicants is likely to achieve a                 was granted; or (3) continuation of the               the United States and that were certified
                                               level of safety equal to that existing                  exemption would not be consistent with                by their manufacturer as complying
                                               without the exemption. Therefore,                       the goals and objectives of 49 U.S.C.                 with the safety standards (the U.S.-
                                               FMCSA has decided to renew each                         31136(e) and 31315.                                   certified version of the 2008 Chevrolet
                                               exemption for a two-year period. In                                                                           Silverado truck) and they are capable of
                                               accordance with 49 U.S.C. 31136(e) and                  IV. Preemption                                        being readily altered to conform to the
                                               31315, each driver has received a                                                                             standards.
                                                                                                          During the period the exemption is in
                                               renewed exemption.                                                                                            DATES: The closing date for comments
                                                  As of April 8, 2016, the following four              effect, no State shall enforce any law or
                                                                                                                                                             on the petition is November 14, 2016.
                                               individuals have satisfied the renewal                  regulation that conflicts with this
                                                                                                                                                             ADDRESSES: Comments should refer to
                                               conditions for obtaining an exemption                   exemption with respect to a person
                                                                                                                                                             the docket and notice numbers above
                                               from the Epilepsy and Seizure Disorders                 operating under the exemption.
                                                                                                                                                             and be submitted by any of the
                                               prohibition in 49 CFR 391.41(b)(8), from                V. Conclusion                                         following methods:
                                               driving CMVs in interstate commerce                                                                              • Federal eRulemaking Portal: Go to
                                               (79 FR 70917; 79 FR 23054): Jeffrey                       Based upon its evaluation of the 11                 https://www.regulations.gov. Follow the
                                               Ballweg (WI); Michael Ranalli (PA);                     exemption applications, FMCSA renews                  online instructions for submitting
                                               Lonnie Reicker (IL); and Jay Whitehead                  the exemptions of the aforementioned                  comments.
                                               (NY). These drivers were included in                    drivers from the Epilepsy and Seizure                    • Mail: Docket Management Facility:
                                               FMCSA–2011–0389; and FMCSA–2012–                        Disorders requirement in 49 CFR 391.41                U.S. Department of Transportation, 1200
                                               0294; FMCSA–2013–0109. The                              (b)(8). In accordance with 49 U.S.C.                  New Jersey Avenue SE., West Building
                                               exemptions were effective on April 8,                   31136(e) and 31315, each exemption                    Ground Floor, Room W12–140,
                                               2016, and will expire on April 8, 2018.                 will be valid for two years unless                    Washington, DC 20590–0001.
                                                  As of April 23, 2016, the following                  revoked earlier by FMCSA.                                • Hand Delivery or Courier: West
                                               seven individuals have satisfied the                                                                          Building Ground Floor, Room W12–140,
                                               renewal conditions for obtaining an                       Issued on: October 7, 2016.
                                                                                                                                                             1200 New Jersey Avenue SE., between
                                               exemption from the Epilepsy and                         Larry W. Minor,                                       9 a.m. and 5 p.m. ET, Monday through
                                               Seizure Disorders prohibition in 49 CFR                 Associate Administrator for Policy.                   Friday, except Federal holidays.
                                               391.41(b)(8), from driving CMVs in                      [FR Doc. 2016–24967 Filed 10–13–16; 8:45 am]             • Fax: 202–493–2251.
                                               interstate commerce (79 FR 73690):                      BILLING CODE 4910–EX–P                                   Instructions: Comments must be
                                               Charles Blood (NY)                                                                                            written in the English language, and be
                                               Raymond Lobo (NJ)                                                                                             no greater than 15 pages in length,
                                               Randy Pinto (PA)                                                                                              although there is no limit to the length
                                               Brent Robinson (NC)                                                                                           of necessary attachments to the
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                                               James Spece (PA)                                                                                              comments. If comments are submitted
                                               Douglas Teigland (MN)                                                                                         in hard copy form, please ensure that
                                               Joseph Thomas (MD)                                                                                            two copies are provided. If you wish to
                                                  These drivers were included in                                                                             receive confirmation that your
                                               FMCSA–2013–0442. The exemptions                                                                               comments were received, please enclose
                                               were effective on April 23, 2016, and                                                                         a stamped, self-addressed postcard with
                                               will expire on April 23, 2018.                                                                                the comments. Note that all comments


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                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                               71183

                                               received will be posted without change                  for importation. The agency then                         The petitioner also contends that the
                                               to https://www.regulations.gov,                         publishes this decision in the Federal                subject non-U.S certified vehicles are
                                               including any personal information                      Register.                                             capable of being readily altered to meet
                                               provided. Please see the Privacy Act                      Wallace Environmental Testing                       the following standards, in the manner
                                               heading below.                                          Laboratories (WETL), Inc. of Houston,                 indicated:
                                                 Privacy Act: Anyone is able to search                 Texas (Registered Importer R–90–005)                     Standard No. 101 Controls and
                                               the electronic form of all comments                     has petitioned NHTSA to decide                        Displays: Addition of the brake warning
                                               received into any of our dockets by the                 whether nonconforming 2008 Chevrolet                  indicator to fully comply with the
                                               name of the individual submitting the                   Silverado trucks are eligible for                     standard.
                                               comment (or signing the comment, if                     importation into the United States. The                  Standard No. 110 Tire Selection and
                                               submitted on behalf of an association,                  vehicles which WETL believes are                      Rims: Installation of the required tire
                                               business, labor union, etc.). You may                   substantially similar are MY 2008                     information placard.
                                               review DOT’s complete Privacy Act                       Chevrolet Silverado trucks sold in the                   The petitioner additionally states that
                                               Statement in the Federal Register                       United States and certified by their                  a vehicle identification plate must be
                                               published on April 11, 2000 (65 FR                      manufacturer as conforming to all                     affixed to the vehicle near the left
                                               19477–78).                                              applicable FMVSS.                                     windshield pillar to meet the
                                                 How to Read Comments Submitted to                       The petitioner claims that it compared              requirements of 49 CFR part 565.
                                               the Docket: You may read the comments                   non-U.S. certified MY 2008 Chevrolet                     All comments received before the
                                               received by Docket Management at the                    Silverado trucks to their U.S.-certified              close of business on the closing date
                                               address and times given above. You may                  counterparts, and found the vehicles to               indicated above will be considered, and
                                               also view the documents from the                        be substantially similar with respect to              will be available for examination in the
                                               Internet at https://www.regulations.gov.                compliance with most FMVSS.                           docket at the above addresses both
                                               Follow the online instructions for                        WETL submitted information with its                 before and after that date. To the extent
                                               accessing the dockets. The docket ID                    petition intended to demonstrate that                 possible, comments filed after the
                                               number and title of this notice are                     non-U.S. certified MY 2008 Chevrolet                  closing date will also be considered.
                                               shown at the heading of this document                   Silverado trucks, as originally                       Notice of final action on the petition
                                               notice. Please note that even after the                 manufactured, conform with many                       will be published in the Federal
                                               comment closing date, we will continue                  applicable FMVSS in the same manner                   Register pursuant to the authority
                                               to file relevant information in the                     as their U.S.-certified counterparts, or              indicated below.
                                               Docket as it becomes available. Further,                are capable of being readily altered to                  Authority: 49 U.S.C. 30141(a)(1)(A),
                                               some people may submit late comments.                   conform to those standards.                           (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
                                               Accordingly, we recommend that you                      Specifically, the petitioner claims that              of authority at 49 CFR 1.95 and 501.8.
                                               periodically search the Docket for new                  the non U.S.-certified MY 2008                        Jeffrey M. Giuseppe,
                                               material.                                               Chevrolet Silverado trucks, as originally             Director, Office of Vehicle Safety Compliance.
                                               FOR FURTHER INFORMATION CONTACT:                        manufactured, conform to: Standard                    [FR Doc. 2016–24855 Filed 10–13–16; 8:45 am]
                                               George Stevens, Office of Vehicle Safety                Nos. 102 Transmission Shift Lever
                                                                                                                                                             BILLING CODE 4910–59–P
                                               Compliance, NHTSA (202–366–5308).                       Sequence, Starter Interlock, and
                                               SUPPLEMENTARY INFORMATION:                              Transmission Braking Effect, 103
                                                                                                       Windshield Defrosting and Defogging                   DEPARTMENT OF TRANSPORTATION
                                               Background                                              Systems, 104 Windshield Wiping and
                                                  Under 49 U.S.C. 30141(a)(1)(A), a                    Washing Systems, 106 Brake Hoses, 108                 Office of the Secretary
                                               motor vehicle that was not originally                   Lamps, reflective devices, and
                                               manufactured to conform to all                          associated equipment, 111 Rear                        [Docket No. DOT–OST–2016–0194]
                                               applicable FMVSS shall be refused                       visibility, 113 Hood Latch System, 114                Notice of Rights and Protections
                                               admission into the United States unless                 Theft Protection, 116 Motor Vehicle                   Available Under the Federal
                                               NHTSA has decided that the motor                        Brake Fluids, 118 Power-Operated                      Antidiscrimination and Whistleblower
                                               vehicle is substantially similar to a                   Window, Partition, and Roof Panel                     Protection Laws
                                               motor vehicle originally manufactured                   System, 124 Accelerator Control
                                               for importation into and sale in the                    Systems, 126 Electronic Stability                     AGENCY: Office of the Secretary,
                                               United States, certified under 49 U.S.C.                Control Systems, 135 Light vehicle brake              Department of Transportation.
                                               30115, and of the same model year as                    systems, 138 Tire Pressure Monitoring                 ACTION: No FEAR Act Notice.
                                               the model of the motor vehicle to be                    Systems, 201 Occupant Protection in
                                               compared, and is capable of being                       Interior Impact, 202a Head Restraints,                SUMMARY:    This Notice implements Title
                                               readily altered to conform to all                       203 Impact Protection for the Driver                  II of the Notification and Federal
                                               applicable FMVSS.                                       from the Steering Control System, 204                 Employee Antidiscrimination and
                                                  Petitions for eligibility decisions may              Steering Control Rearward                             Retaliation Act of 2002 (No FEAR Act of
                                               be submitted by either manufacturers or                 Displacement, 205 Glazing Materials,                  2002). It is the annual obligation for
                                               importers who have registered with                      206 Door Locks and Door Retention                     Federal agencies to notify all employees,
                                               NHTSA pursuant to 49 CFR part 592. As                   Components, 207 Seating Systems, 208                  former employees, and applicants for
                                               specified in 49 CFR 593.7, NHTSA                        Occupant Crash Protection, 210 Seat                   Federal employment of the rights and
                                               publishes notice in the Federal Register                Belt Assembly Anchorages, 212                         protections available to them under the
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                                               of each petition that it receives, and                  Windshield Mounting, 213 Child                        Federal Anti-discrimination and
                                               affords interested persons an                           Restraint Systems, 214 Side Impact                    Whistleblower Protection Laws.
                                               opportunity to comment on the petition.                 Protection, 216 Roof Crush Resistance,                FOR FURTHER INFORMATION CONTACT:
                                               At the close of the comment period,                     219 Windshield Zone Intrusion, 225                    Yvette Rivera, Associate Director of
                                               NHTSA decides, on the basis of the                      Child Restraint Anchorage Systems, 301                Equal Employment Opportunity
                                               petition and any comments that it has                   Fuel System Integrity, and 302                        Programs Division (S–32), Departmental
                                               received, whether the vehicle is eligible               Flammability of Interior Materials.                   Office of Civil Rights, Office of the


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Document Created: 2016-10-14 00:01:28
Document Modified: 2016-10-14 00:01:28
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 November 14, 2016.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation81 FR 71182 

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