83_FR_32844 83 FR 32709 - Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

83 FR 32709 - Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range32709-32710
FR Document2018-15027

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.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018)
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32709-32710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15027]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0068]


Decision That Certain Nonconforming Motor Vehicles Are Eligible 
for Importation

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

ACTION: Grant of petitions.

-----------------------------------------------------------------------

SUMMARY: This document announces decisions by NHTSA that certain motor 
vehicles not originally manufactured to comply with all applicable 
Federal Motor Vehicle Safety Standards (FMVSS) are eligible for 
importation into the United States because they are substantially 
similar to vehicles originally manufactured for sale in the United 
States and certified by their manufacturers as complying with the 
safety standards, and they are capable of being readily altered to 
conform to the standards or because they have safety features that 
comply with, or are capable of being altered to comply with, all 
applicable FMVSS.

DATES: These decisions became effective on the dates specified in Annex 
A.

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 notifies the petitioner of 
its decision by letter and publishes public notification of the 
decision in the Federal Register.
    NHTSA received petitions from registered importers to decide 
whether the vehicles listed in Annex A to this

[[Page 32710]]

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 Annex A.
    NHTSA Decision: Accordingly, on the basis of the foregoing, NHTSA 
hereby decides that each motor vehicle listed in Annex A to this 
notice, which was not originally manufactured to comply with all 
applicable FMVSS, is either substantially similar to a motor vehicle 
manufactured for importation into and/or sale in the United States, and 
certified under 49 U.S.C. 30115, as specified in Annex A, and is 
capable of being readily altered to conform to all applicable FMVSS or 
has safety features that comply with, or are capable of being altered 
to comply with, all applicable Federal Motor Vehicle Safety Standards.
    Vehicle Eligibility Number for Subject Vehicles: When importing a 
vehicle admissible under any final decision a registered importer, or a 
person who has a contract with a registered importer to bring the 
vehicle into compliance with all applicable FMVSS following importation 
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.

Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.

ANNEX A

Nonconforming Motor Vehicles Decided To Be Eligible for Importation

1. Docket No. NHTSA-2016-0061
    Nonconforming Vehicles: 2010 Jeep Wrangler Multipurpose Passenger 
Vehicles manufactured for the Mexican domestic market.
    Substantially Similar U.S. Certified Vehicles: 2010 Jeep Wrangler 
Multipurpose Passenger Vehicles.
    Notice of Petition Published at: 82 FR 17514 (April 11, 2017).
    Vehicle Eligibility Number: VSP-593 (effective date September 13, 
2017).
2. Docket No. NHTSA-2017-0056
    Nonconforming Vehicles: 2007 Jeep Wrangler Multipurpose Passenger 
Vehicles manufactured before September 1, 2007 for the Mexican and 
other foreign Markets.
    Substantially Similar U.S. Certified Vehicles: 2007 Jeep Wrangler 
Multipurpose Passenger Vehicles.
    Notice of Petition Published at: 83 FR 9083 (March 2, 2018).
    Vehicle Eligibility Number: VSP-596 (effective date May 10, 2018).
3. Docket No. NHTSA-2017-0102
    Nonconforming Vehicles: 2006 Penman Lightweight GS Cargo Trailers.
    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: 83 FR 5827 (February 9, 2018).
    Vehicle Eligibility Number: VCP-64 (effective date March 30, 2018).
4. Docket No. NHTSA-2018-0006
    Nonconforming Vehicles: 2017 Ukang FT-200 Trailers.
    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: 83 FR 5826 (February 9, 2018).
    Vehicle Eligibility Number: VCP-65 (effective date March 30, 2018).
5. Docket No. NHTSA-2018-0012
    Nonconforming Vehicles: 2013-2014 Victory Hammer 8-Ball 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2013-2014 Victory 
Hammer 8-Ball Motorcycles.
    Notice of Petition Published at: 83 FR 12460 (March 21, 2018).
    Vehicle Eligibility Number: VSP-597 (effective date May 11, 2018).

[FR Doc. 2018-15027 Filed 7-12-18; 8:45 am]
BILLING CODE 4910-59-P



                                                                                 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices                                           32709

                                                counterparts, and found the vehicles to                  warning buzzer, or activation of the                  comply with all applicable Federal
                                                be substantially similar with respect to                 U.S.-version software to meet the                     Motor Vehicle Safety Standards
                                                compliance with most FMVSS.                              requirements of this standard.                        (FMVSS) are eligible for importation
                                                  WETL submitted information with its                       Standard No. 208 Occupant Crash                    into the United States because they are
                                                petition intended to demonstrate that                    Protection: Replacement of the front and              substantially similar to vehicles
                                                non-U.S.-certified MY 2014 BMW X3                        rear upper seatbelt assemblies, front                 originally manufactured for sale in the
                                                MPVs, as originally manufactured,                        driver and passenger air bag modules,                 United States and certified by their
                                                conform to many applicable FMVSS in                      front knee pad air bag module, front                  manufacturers as complying with the
                                                the same manner as their U.S.-certified                  passenger adapter cable, and front                    safety standards, and they are capable of
                                                counterparts, or are capable of being                    passenger classification sensor. Removal              being readily altered to conform to the
                                                readily altered to conform to those                      of the passenger air bag deactivation                 standards or because they have safety
                                                standards.                                               switch and reprogramming of the                       features that comply with, or are
                                                  Specifically, the petitioner claims that               Advanced Crash Safety Module (ACSM)                   capable of being altered to comply with,
                                                the non U.S.-certified MY 2014 BMW                       with U.S.-version software.                           all applicable FMVSS.
                                                X3 MPVs, as originally manufactured,                        Standard No. 209 Seat Belt                         DATES: These decisions became effective
                                                conform to: Standard Nos. 102                            Assemblies: Replacement of seat belt                  on the dates specified in Annex A.
                                                Transmission Shift Position Sequence,                    assemblies with U.S.-certified                        FOR FURTHER INFORMATION CONTACT: Mr.
                                                Starter Interlock, and Transmission                      components as previously stated under
                                                Braking Effect, 103 Windshield                                                                                 George Stevens, Office of Vehicle Safety
                                                                                                         FMVSS No. 208.                                        Compliance, NHTSA (202–366–5308).
                                                Defrosting and Defogging Systems, 104                       Standard No. 301 Fuel System
                                                Windshield Wiping and Washing                                                                                  SUPPLEMENTARY INFORMATION:
                                                                                                         Integrity: Installation of a rollover valve
                                                Systems, 106 Brake Hoses, 113 Hood                       in the fuel tank vent line to meet the                Background
                                                Latch System, 116 Motor Vehicle Brake                    requirements of this standard.
                                                Fluids, 118 Power-Operated Window,                                                                                Under 49 U.S.C. 30141(a)(1)(A), a
                                                                                                            The petitioner additionally states that            motor vehicle that was not originally
                                                Partition, and Roof panel Systems, 124                   a vehicle identification plate must be
                                                Accelerator Control Systems, 126                                                                               manufactured to conform to all
                                                                                                         affixed to the vehicle near the left                  applicable FMVSS shall be refused
                                                Electronic Stability Control Systems for                 windshield pillar to meet the
                                                Light Vehicles, 135 Light Vehicle Brake                                                                        admission into the United States unless
                                                                                                         requirements of 49 CFR part 565.                      NHTSA has decided that the motor
                                                Systems, 138 Tire Pressure Monitoring                       III. Comments: All comments received
                                                Systems, 201 Occupant Protection in                                                                            vehicle is substantially similar to a
                                                                                                         before the close of business on the                   motor vehicle originally manufactured
                                                Interior Impact, 202a Head Restraints,                   closing date indicated above will be
                                                204 Steering Control Rearward                                                                                  for importation into and/or sale in the
                                                                                                         considered, and will be available for                 United States, certified under 49 U.S.C.
                                                Displacement, 205 Glazing Materials,                     examination in the docket at the above
                                                206 Door Locks and Door Retention                                                                              30115, and of the same model year as
                                                                                                         addresses both before and after that                  the model of the motor vehicle to be
                                                Components, 207 Seating Systems, 210                     date. To the extent possible, comments
                                                Seat Belt Assembly Anchorages, 212                                                                             compared, and is capable of being
                                                                                                         filed after the closing date will also be             readily altered to conform to all
                                                Windshield Mounting, 214 Side Impact                     considered. Notice of final action on the
                                                Protection, 216 Roof Crush Resistance,                                                                         applicable FMVSS.
                                                                                                         petition will be published in the                        Where there is no substantially
                                                219 Windshield Zone Intrusion, 225                       Federal Register pursuant to the
                                                Child Restraint Anchorage Systems, and                                                                         similar U.S.-certified motor vehicle, 49
                                                                                                         authority indicated below.                            U.S.C. 30141(a)(1)(B) permits a
                                                302 Flammability of Interior Materials.
                                                   The petitioner also contends that the                    Authority: 49 U.S.C. 30141(a)(1)(A),               nonconforming motor vehicle to be
                                                subject non-U.S.-certified vehicles are                  (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation       admitted into the United States if its
                                                                                                         of authority at 49 CFR 1.95 and 501.8.                safety features comply with, or are
                                                capable of being readily altered to meet
                                                the following standards, in the manner                   Michael A. Cole,                                      capable of being altered to comply with,
                                                indicated:                                               Acting Director, Office of Vehicle Safety
                                                                                                                                                               all applicable FMVSS based on
                                                   Standard No. 101 Controls and                         Compliance.                                           destructive test data or such other
                                                Displays: Replacement of the                             [FR Doc. 2018–15026 Filed 7–12–18; 8:45 am]
                                                                                                                                                               evidence as NHTSA decides to be
                                                speedometer and brake warning                                                                                  adequate.
                                                                                                         BILLING CODE 4910–59–P
                                                indicator with the U.S.-model                                                                                     Petitions for eligibility decisions may
                                                components as described in the petition.                                                                       be submitted by either manufacturers or
                                                   Standard No. 108 Lamps, Reflective                    DEPARTMENT OF TRANSPORTATION                          importers who have registered with
                                                Devices and Associated Equipment:                                                                              NHTSA pursuant to 49 CFR part 592. As
                                                Replacement of the headlamps,                            National Highway Traffic Safety                       specified in 49 CFR part 593.7, NHTSA
                                                taillamps, and front and rear side                       Administration                                        publishes notice in the Federal Register
                                                markers with U.S.-model components.                                                                            of each petition that it receives, and
                                                                                                         [Docket No. NHTSA–2018–0068]                          affords interested persons an
                                                   Standard No. 110 Tire Selection and
                                                Rims and Motor Home/Recreation                           Decision That Certain Nonconforming                   opportunity to comment on the petition.
                                                Vehicle Trailer Load Carrying Capacity                   Motor Vehicles Are Eligible for                       At the close of the comment period,
                                                Information for Motor Vehicles With a                    Importation                                           NHTSA decides, on the basis of the
                                                GVWR of 4,536 Kilograms (10,000                                                                                petition and any comments that it has
sradovich on DSK3GMQ082PROD with NOTICES




                                                Pounds) or Less: Installation of the                     AGENCY: National Highway Traffic                      received, whether the vehicle is eligible
                                                required tire information placard.                       Safety Administration (NHTSA),                        for importation. The agency then
                                                   Standard No. 111 Rear Visibility:                     Department of Transportation (DOT).                   notifies the petitioner of its decision by
                                                Inscription of the required warning                      ACTION: Grant of petitions.                           letter and publishes public notification
                                                statement on the face of the passenger                                                                         of the decision in the Federal Register.
                                                mirror.                                                  SUMMARY:  This document announces                        NHTSA received petitions from
                                                   Standard No. 114 Theft Protection:                    decisions by NHTSA that certain motor                 registered importers to decide whether
                                                Installation of a supplemental key                       vehicles not originally manufactured to               the vehicles listed in Annex A to this


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                                                32710                            Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices

                                                notice are eligible for importation into                 Vehicles manufactured before                          comments on its intent to request from
                                                the United States. To afford an                          September 1, 2007 for the Mexican and                 the Office of Management and Budget
                                                opportunity for public comment,                          other foreign Markets.                                (OMB) a revision to form PHMSA F
                                                NHTSA published notice of these                             Substantially Similar U.S. Certified               7000–1.1—Annual Report for Hazardous
                                                petitions as specified in Annex A. The                   Vehicles: 2007 Jeep Wrangler                          Liquid Pipeline Systems, which is
                                                reader is referred to those notices for a                Multipurpose Passenger Vehicles.                      currently collected under OMB Control
                                                thorough description of the petitions.                      Notice of Petition Published at: 83 FR             number 2137–0614.
                                                   Comments: No substantive comments                     9083 (March 2, 2018).                                 DATES: Interested parties are invited to
                                                were received in response to the                            Vehicle Eligibility Number: VSP–596                submit comments on or before
                                                petitions identified in Annex A.                         (effective date May 10, 2018).                        September 11, 2018.
                                                   NHTSA Decision: Accordingly, on the                                                                         ADDRESSES: Comments may be
                                                                                                         3. Docket No. NHTSA–2017–0102
                                                basis of the foregoing, NHTSA hereby                                                                           submitted in the following ways:
                                                decides that each motor vehicle listed in                   Nonconforming Vehicles: 2006
                                                                                                                                                                  E-Gov website: http://
                                                Annex A to this notice, which was not                    Penman Lightweight GS Cargo Trailers.
                                                                                                                                                               www.regulations.gov. This site allows
                                                originally manufactured to comply with                      Because there is no substantially
                                                                                                                                                               the public to enter comments on any
                                                all applicable FMVSS, is either                          similar U.S.-certified version, the
                                                                                                                                                               Federal Register notice issued by any
                                                substantially similar to a motor vehicle                 petitioner sought import eligibility
                                                                                                                                                               agency.
                                                manufactured for importation into and/                   under 49 U.S.C. 30141(a)(1)(B).
                                                                                                                                                                  Fax: 1–202–493–2251.
                                                or sale in the United States, and                           Notice of Petition Published at: 83 FR                Mail: Docket Management Facility;
                                                certified under 49 U.S.C. 30115, as                      5827 (February 9, 2018).                              U.S. Department of Transportation
                                                specified in Annex A, and is capable of                     Vehicle Eligibility Number: VCP–64
                                                                                                                                                               (DOT), 1200 New Jersey Avenue SE,
                                                being readily altered to conform to all                  (effective date March 30, 2018).
                                                                                                                                                               West Building, Room W12–140,
                                                applicable FMVSS or has safety features                  4. Docket No. NHTSA–2018–0006                         Washington, DC 20590–0001.
                                                that comply with, or are capable of                                                                               Hand Delivery: Room W12–140 on the
                                                being altered to comply with, all                           Nonconforming Vehicles: 2017 Ukang
                                                                                                                                                               ground level of DOT, West Building,
                                                applicable Federal Motor Vehicle Safety                  FT–200 Trailers.
                                                                                                            Because there is no substantially                  1200 New Jersey Avenue SE,
                                                Standards.                                                                                                     Washington, DC, between 9:00 a.m. and
                                                   Vehicle Eligibility Number for Subject                similar U.S.-certified version, the
                                                                                                         petitioner sought import eligibility                  5:00 p.m., Monday through Friday,
                                                Vehicles: When importing a vehicle                                                                             except Federal holidays.
                                                admissible under any final decision a                    under 49 U.S.C. 30141(a)(1)(B).
                                                                                                                                                                  Instructions: Identify the docket
                                                registered importer, or a person who has                    Notice of Petition Published at: 83 FR
                                                                                                                                                               number, PHMSA–2018–0072, at the
                                                a contract with a registered importer to                 5826 (February 9, 2018).
                                                                                                            Vehicle Eligibility Number: VCP–65                 beginning of your comments. Note that
                                                bring the vehicle into compliance with                                                                         all comments received will be posted
                                                all applicable FMVSS following                           (effective date March 30, 2018).
                                                                                                                                                               without change to http://
                                                importation must indicate on the form                    5. Docket No. NHTSA–2018–0012                         www.regulations.gov, including any
                                                HS–7 accompanying entry the                                                                                    personal information provided. You
                                                appropriate vehicle eligibility number                      Nonconforming Vehicles: 2013–2014
                                                                                                         Victory Hammer 8–Ball Motorcycles.                    should know that anyone is able to
                                                indicating that the vehicle is eligible for                                                                    search the electronic form of all
                                                entry. Vehicle eligibility numbers                          Substantially Similar U.S. Certified
                                                                                                         Vehicles: 2013–2014 Victory Hammer                    comments received into any of our
                                                assigned to vehicles admissible under                                                                          dockets by the name of the individual
                                                this decision are specified in Annex A.                  8–Ball Motorcycles.
                                                                                                            Notice of Petition Published at: 83 FR             submitting the comment (or signing the
                                                   Authority: 49 U.S.C. 30141(a)(1)(A),                  12460 (March 21, 2018).                               comment, if submitted on behalf of an
                                                (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations                                                                association, business, labor union, etc.).
                                                                                                            Vehicle Eligibility Number: VSP–597
                                                of authority at 49 CFR 1.95 and 501.8.                                                                         Therefore, you may want to review
                                                                                                         (effective date May 11, 2018).
                                                Michael A. Cole,                                                                                               DOT’s complete Privacy Act Statement
                                                                                                         [FR Doc. 2018–15027 Filed 7–12–18; 8:45 am]
                                                Acting Director, Office of Vehicle Safety                                                                      in the Federal Register published on
                                                                                                         BILLING CODE 4910–59–P
                                                Compliance.                                                                                                    April 11, 2000, (65 FR 19477) or visit
                                                                                                                                                               http://www.regulations.gov before
                                                ANNEX A                                                                                                        submitting any such comments.
                                                                                                         DEPARTMENT OF TRANSPORTATION
                                                Nonconforming Motor Vehicles Decided                                                                              Docket: For access to the docket or to
                                                To Be Eligible for Importation                           Pipeline and Hazardous Materials                      read background documents or
                                                                                                         Safety Administration                                 comments, go to http://
                                                1. Docket No. NHTSA–2016–0061                                                                                  www.regulations.gov at any time or to
                                                                                                         [PHMSA–2018–0072]                                     Room W12–140 on the ground level of
                                                   Nonconforming Vehicles: 2010 Jeep
                                                Wrangler Multipurpose Passenger                                                                                DOT, West Building, 1200 New Jersey
                                                                                                         Pipeline Safety: Information Collection
                                                Vehicles manufactured for the Mexican                                                                          Avenue SE, Washington, DC, between
                                                                                                         Activities, Revision of the Hazardous
                                                domestic market.                                                                                               9:00 a.m. and 5:00 p.m., Monday
                                                                                                         Liquid Annual Report
                                                   Substantially Similar U.S. Certified                                                                        through Friday, except Federal holidays.
                                                Vehicles: 2010 Jeep Wrangler                             AGENCY: Pipeline and Hazardous                        If you wish to receive confirmation of
                                                Multipurpose Passenger Vehicles.                         Materials Safety Administration                       receipt of your written comments,
                                                                                                                                                               please include a self-addressed,
sradovich on DSK3GMQ082PROD with NOTICES




                                                   Notice of Petition Published at: 82 FR                (PHMSA), DOT.
                                                17514 (April 11, 2017).                                  ACTION: Notice and request for                        stamped postcard with the following
                                                   Vehicle Eligibility Number: VSP–593                   comments.                                             statement: ‘‘Comments on PHMSA–
                                                (effective date September 13, 2017).                                                                           2018–0072.’’ The Docket Clerk will date
                                                                                                         SUMMARY:  In accordance with the                      stamp the postcard prior to returning it
                                                2. Docket No. NHTSA–2017–0056                            Paperwork Reduction Act of 1995, the                  to you via the U.S. mail. Please note that
                                                 Nonconforming Vehicles: 2007 Jeep                       Pipeline and Hazardous Materials Safety               due to delays in the delivery of U.S.
                                                Wrangler Multipurpose Passenger                          Administration (PHMSA) invites                        mail to Federal offices in Washington,


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Document Created: 2018-07-13 01:04:38
Document Modified: 2018-07-13 01:04:38
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
ActionGrant of petitions.
DatesThese decisions became effective on the dates specified in Annex A.
ContactMr. George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation83 FR 32709 

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