82 FR 36184 - Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 148 (August 3, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36184-36185 | |
| FR Document | 2017-16384 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Notices] [Pages 36184-36185] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16384] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0060] Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration. 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 part 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then 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. Conclusions: For each vehicle identified in Appendix A, NHTSA has reviewed the respective petition and concluded that the vehicle is either substantially similar to its U.S. certified counterpart and capable of being readily altered to conform to all applicable FMVSS, or that it is capable of being altered to conform to conform to all applicable FMVSS. NHTSA has also concluded that each RI who imports and modifies a vehicle under one of the subject vehicle eligibility numbers for the first time must include in the statement of conformity and associated documents (``conformity package'') it submits to the NHTSA under 49 CFR part 592.6(d) explicit proof to confirm that the vehicle was, where applicable, originally manufactured to conform to, or was successfully altered to conform to, FMVSS No. 101 Controls and Displays, FMVSS No. 138, Tire Pressure Monitoring Systems, FMVSS No. 208, Occupant Crash Protection, and FMVSS No. 301 Fuel System Integrity. This proof must include detailed descriptions of all modifications made, including a detailed description of systems in place (if any) on the vehicle as delivered to the RI, and a similarly detailed description of alterations made to the vehicle and said systems, including photographs of all required labeling. The descriptions must also include parts assembly diagrams and associated part numbers for all components that were removed from or installed in the vehicle, an accounting of any computer programming modifications undertaken and a [[Page 36185]] description of how compliance was verified after alteration of the vehicle. 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-2014-0121 Nonconforming Vehicles: 2009 Jeep Compass Multipurpose Passenger Vehicles Substantially Similar U.S. Certified Vehicles: 2009 Jeep Compass Multipurpose Passenger Vehicles Notice of Petition Published at: 81 FR 64978 (September 21, 2016) Vehicle Eligibility Number: VSP-589 (effective date October 31, 2016) 2. Docket No. NHTSA-2015-0023 Nonconforming Vehicles: 2010 Chevrolet Camaro Passenger Cars Substantially Similar U.S. Certified Vehicles: 2010 Chevrolet Camaro Passenger Cars Notice of Petition Published at: 82 FR 17508 (April 11, 2017) Vehicle Eligibility Number: VSP-591 (effective date June 15, 2017) 3. Docket No. NHTSA-2016-0041 Nonconforming Vehicles: 2008 Chevrolet Silverado Trucks Substantially Similar U.S. Certified Vehicles: 2008 Chevrolet Silverado Trucks Notice of Petition Published at: 81 FR 71182 (October 14, 2016) Vehicle Eligibility Number: VSP-590 (effective date November 28, 2016) 4. Docket No. NHTSA-2016-0118 Nonconforming Vehicles: 2013 BMW R1200 GS Adventure Motorcycles Substantially Similar U.S. Certified Vehicles: 2013 BMW R1200 GS Adventure Motorcycles Notice of Petition Published at: 82 FR 17082 (April 7, 2017) Vehicle Eligibility Number: VSP-592 (effective date June 15, 2017) 5. Docket No. NHTSA-2016-0130 Nonconforming Vehicles: 2014 EMU Camper Trailer 4 x 4 Extreme Adventure Because there is no substantially similar U.S.-certified version, the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 82 FR 17068 (April 7, 2017) Vehicle Eligibility Number: VCP-63 (effective date June 15, 2017) [FR Doc. 2017-16384 Filed 8-2-17; 8:45 am] BILLING CODE 4910-59-P
![36184 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
showing that the installation of other DEPARTMENT OF TRANSPORTATION importers who have registered with
vehicle safety technologies mounted on NHTSA pursuant to 49 CFR part 592. As
the interior of the windshield has National Highway Traffic Safety specified in 49 CFR part 593.7, NHTSA
resulted in any degradation in safety. Administration publishes notice in the Federal Register
[Docket No. NHTSA–2017–0060]
of each petition that it receives, and
Terms and Conditions for the affords interested persons an
Exemption opportunity to comment on the petition.
Decision That Certain Nonconforming
The Agency hereby grants the Motor Vehicles Are Eligible for At the close of the comment period,
exemption for a 5-year period, Importation NHTSA decides, on the basis of the
beginning August 3, 2017 and ending petition and any comments that it has
August 3, 2022. During the temporary AGENCY: National Highway Traffic received, whether the vehicle is eligible
exemption period, motor carriers will be Safety Administration. for importation. The agency then
allowed to operate CMVs manufactured ACTION: Grant of petitions. publishes this decision in the Federal
by Hino equipped with AEB/LDW Register.
system cameras mounted in the SUMMARY: This document announces NHTSA received petitions from
approximate center of the windshield decisions by NHTSA that certain motor registered importers to decide whether
such that the bottom edge of the camera vehicles not originally manufactured to the vehicles listed in Annex A to this
is not more than 7 inches below the comply with all applicable Federal notice are eligible for importation into
upper edge of the windshield and Motor Vehicle Safety Standards the United States. To afford an
outside the driver’s sight lines to all (FMVSS) are eligible for importation opportunity for public comment,
mirrors, highway signs, signals, and into the United States because they are NHTSA published notice of these
view of the road ahead. The exemption substantially similar to vehicles petitions as specified in Annex A. The
will be valid for 5 years unless originally manufactured for sale in the reader is referred to those notices for a
rescinded earlier by FMCSA. The United States and certified by their thorough description of the petitions.
manufacturers as complying with the Comments: No substantive comments
exemption will be rescinded if: (1)
safety standards, and they are capable of were received in response to the
Motor carriers and/or commercial motor
being readily altered to conform to the petitions identified in Appendix A.
vehicles fail to comply with the terms Conclusions: For each vehicle
and conditions of the exemption; (2) the standards or because they have safety
features that comply with, or are identified in Appendix A, NHTSA has
exemption has resulted in a lower level reviewed the respective petition and
of safety than was maintained before it capable of being altered to comply with,
all applicable FMVSS. concluded that the vehicle is either
was granted; or (3) continuation of the substantially similar to its U.S. certified
exemption would not be consistent with DATES: These decisions became effective
on the dates specified in Annex A. counterpart and capable of being readily
the goals and objectives of 49 U.S.C. altered to conform to all applicable
31136(e) and 31315(b). ADDRESSES: For further information, FMVSS, or that it is capable of being
Interested parties possessing contact Mr. George Stevens, Office of altered to conform to conform to all
information that would demonstrate Vehicle Safety Compliance, NHTSA applicable FMVSS.
that motor carriers operating Hino (202–366–5308). NHTSA has also concluded that each
CMVs equipped with the AEB/LDW SUPPLEMENTARY INFORMATION: RI who imports and modifies a vehicle
system camera are not achieving the under one of the subject vehicle
Background
requisite statutory level of safety should eligibility numbers for the first time
immediately notify FMCSA. The Under 49 U.S.C. 30141(a)(1)(A), a must include in the statement of
Agency will evaluate any such motor vehicle that was not originally conformity and associated documents
information and, if safety is being manufactured to conform to all (‘‘conformity package’’) it submits to the
compromised or if the continuation of applicable FMVSS shall be refused NHTSA under 49 CFR part 592.6(d)
the exemption is not consistent with 49 admission into the United States unless explicit proof to confirm that the vehicle
U.S.C. 31136(e) and 31315(b), will take NHTSA has decided that the motor was, where applicable, originally
immediate steps to revoke the vehicle is substantially similar to a manufactured to conform to, or was
exemption. motor vehicle originally manufactured successfully altered to conform to,
for importation into and/or sale in the FMVSS No. 101 Controls and Displays,
Preemption United States, certified under 49 U.S.C. FMVSS No. 138, Tire Pressure
In accordance with 49 U.S.C. 30115, and of the same model year as Monitoring Systems, FMVSS No. 208,
31315(d), as implemented by 49 CFR the model of the motor vehicle to be Occupant Crash Protection, and FMVSS
381.600, during the period this compared, and is capable of being No. 301 Fuel System Integrity. This
exemption is in effect, no State shall readily altered to conform to all proof must include detailed
enforce any law or regulation applicable applicable FMVSS. descriptions of all modifications made,
to interstate commerce that conflicts Where there is no substantially including a detailed description of
with or is inconsistent with this similar U.S.-certified motor vehicle, 49 systems in place (if any) on the vehicle
exemption with respect to a firm or U.S.C. 30141(a)(1)(B) permits a as delivered to the RI, and a similarly
person operating under the exemption. nonconforming motor vehicle to be detailed description of alterations made
States may, but are not required to, admitted into the United States if its to the vehicle and said systems,
safety features comply with, or are including photographs of all required
mstockstill on DSK30JT082PROD with NOTICES
adopt the same exemption with respect
to operations in intrastate commerce. capable of being altered to comply with, labeling. The descriptions must also
all applicable FMVSS based on include parts assembly diagrams and
Issued on: July 26, 2017. destructive test data or such other associated part numbers for all
Daphne Jefferson, evidence as NHTSA decides to be components that were removed from or
Deputy Administrator. adequate. installed in the vehicle, an accounting
[FR Doc. 2017–16339 Filed 8–2–17; 8:45 am] Petitions for eligibility decisions may of any computer programming
BILLING CODE 4910–EX–P be submitted by either manufacturers or modifications undertaken and a
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![Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices 36185
description of how compliance was Substantially Similar U.S. Certified Vehicles: may personally inspect and photocopy
verified after alteration of the vehicle. 2013 BMW R1200 GS Adventure comments at the OCC, 400 7th Street
NHTSA Decision: Accordingly, on the Motorcycles SW., Washington, DC 20219. For
basis of the foregoing, NHTSA hereby Notice of Petition Published at: 82 FR 17082 security reasons, the OCC requires that
decides that each motor vehicle listed in (April 7, 2017)
Vehicle Eligibility Number: VSP–592
visitors make an appointment to inspect
Annex A to this notice, which was not (effective date June 15, 2017) comments. You may do so by calling
originally manufactured to comply with (202) 649–6700 or, for persons who are
all applicable FMVSS, is either 5. Docket No. NHTSA–2016–0130 deaf or hard of hearing, (202) 649–5597.
substantially similar to a motor vehicle Nonconforming Vehicles: 2014 EMU Camper Upon arrival, visitors will be required to
manufactured for importation into and/ Trailer 4 × 4 Extreme Adventure present valid government-issued photo
or sale in the United States, and Because there is no substantially similar identification and submit to security
certified under 49 U.S.C. 30115, as U.S.-certified version, the petitioner sought screening in order to inspect and
specified in Annex A, and is capable of import eligibility under 49 U.S.C. photocopy comments.
being readily altered to conform to all 30141(a)(1)(B).
All comments received, including
applicable FMVSS or has safety features Notice of Petition Published at: 82 FR 17068 attachments and other supporting
that comply with, or are capable of (April 7, 2017)
Vehicle Eligibility Number: VCP–63 (effective
materials, are part of the public record
being altered to comply with, all and subject to public disclosure. Do not
applicable Federal Motor Vehicle Safety date June 15, 2017)
include any information in your
Standards. [FR Doc. 2017–16384 Filed 8–2–17; 8:45 am]
comment or supporting materials that
Vehicle Eligibility Number for Subject BILLING CODE 4910–59–P
you consider confidential or
Vehicles: The importer of a vehicle inappropriate for public disclosure.
admissible under any final decision
must indicate on the form HS–7 FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE TREASURY
accompanying entry the appropriate Shaquita Merritt, OCC Clearance
vehicle eligibility number indicating Office of the Comptroller of the Officer, (202) 649–5490 or, for persons
that the vehicle is eligible for entry. Currency who are deaf or hard of hearing, (202)
Vehicle eligibility numbers assigned to 649–5597, Legislative and Regulatory
vehicles admissible under this decision Agency Information Collection Activities Division, Office of the
are specified in Annex A. Activities: Information Collection Comptroller of the Currency, 400 7th
Revision; Comment Request; Street SW., Washington, DC 20219.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
Comptroller’s Licensing Manual SUPPLEMENTARY INFORMATION: Under the
of authority at 49 CFR 1.95 and 501.8. AGENCY: Office of the Comptroller of the PRA (44 U.S.C. 3501–3520), federal
Currency (OCC), Treasury. agencies must obtain prior approval
Jeffrey M. Giuseppe,
from OMB for each collection of
Director, Office of Vehicle Safety Compliance. ACTION: Notice and request for comment.
information that they conduct or
Annex A—Nonconforming Motor SUMMARY: The OCC, as part of its sponsor. ‘‘Collection of information’’ is
Vehicles Decided To Be Eligible for continuing effort to reduce paperwork defined in 44 U.S.C. 3502(3) and 5 CFR
Importation and respondent burden, invites the 1320.3(c) to include agency requests or
general public and other federal requirements that members of the public
1. Docket No. NHTSA–2014–0121
agencies to take this opportunity to submit reports, keep records, or provide
Nonconforming Vehicles: 2009 Jeep Compass information to a third party. Section
Multipurpose Passenger Vehicles comment on an information collection
Substantially Similar U.S. Certified Vehicles: revision, as required by the Paperwork 3506(c)(2)(A) of title 44 requires federal
2009 Jeep Compass Multipurpose Reduction Act of 1995 (PRA). agencies to publish a 60-day notice in
Passenger Vehicles An agency may not conduct or the Federal Register concerning each
Notice of Petition Published at: 81 FR 64978 sponsor, and a respondent is not proposed collection of information,
(September 21, 2016) required to respond to, an information including each proposed extension or
Vehicle Eligibility Number: VSP–589 collection unless it displays a currently revision of an existing collection of
(effective date October 31, 2016) information, before submitting the
valid Office of Management and Budget
2. Docket No. NHTSA–2015–0023 (OMB) control number. collection to OMB for approval. To
Nonconforming Vehicles: 2010 Chevrolet The OCC is soliciting comment comply with this requirement, the OCC
Camaro Passenger Cars concerning a revision to its information is publishing notice of this revised
Substantially Similar U.S. Certified Vehicles: collection titled, ‘‘Comptroller’s collection of information.
2010 Chevrolet Camaro Passenger Cars Licensing Manual.’’ The changes to this information
Notice of Petition Published at: 82 FR 17508 collection include revisions to four
(April 11, 2017) DATES: You should submit written
comments by October 2, 2017. interagency forms,1 which are being
Vehicle Eligibility Number: VSP–591
(effective date June 15, 2017) made in conjunction with the Board of
ADDRESSES: Because paper mail in the
Governors of the Federal Reserve
3. Docket No. NHTSA–2016–0041 Washington, DC area and at the OCC is
System and the Federal Deposit
Nonconforming Vehicles: 2008 Chevrolet
subject to delay, commenters are
Insurance Corporation. Those agencies
Silverado Trucks encouraged to submit comments by
will issue a separate joint Federal
Substantially Similar U.S. Certified Vehicles: email, if possible. Comments may be
Register notice before or shortly after
2008 Chevrolet Silverado Trucks sent to: Legislative and Regulatory
mstockstill on DSK30JT082PROD with NOTICES
Notice of Petition Published at: 81 FR 71182
this notice. The OCC is issuing its own
Activities Division, Office of the
(October 14, 2016) notice so that it may renew its entire
Comptroller of the Currency, Attention:
Vehicle Eligibility Number: VSP–590 collection.
1557–0014, 400 7th Street SW., Suite
(effective date November 28, 2016)
3E–218, Washington, DC 20219. In 1 Interagency Bank Merger Act, Interagency
4. Docket No. NHTSA–2016–0118 addition, comments may be sent by fax Biographical and Financial Report, Interagency
Nonconforming Vehicles: 2013 BMW R1200 to (571) 465–4326 or by electronic mail Notice of Change in Control, and Interagency Notice
GS Adventure Motorcycles to regs.comments@occ.treas.gov. You of Change in Director or Senior Executive Officer.
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Document Created: 2017-08-03 07:25:00
Document Modified: 2017-08-03 07:25:00
| 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 | 82 FR 36184 |
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