Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation

Background

Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable Federal motor vehicle safety standards 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 Federal motor vehicle safety standards. 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. 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. No comments were received in response to these notices. Based on its review of the information submitted by the petitioners, NHTSA has decided to grant the petitions.

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.

Final 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 Federal motor vehicle safety standards, is 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 Federal motor vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: December 10, 1999. Marilynne Jacobs, Director, Office of Vehicle Safety Compliance.

Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for Importation

1. Docket No. NHTSA-99-5503 Nonconforming Vehicle: 1998-1999 Lexus RX300 Substantially similar U.S.-certified vehicle: 1998-1999 Lexus RX300 Notice of Petition published at: 64 FR 19212 (April 19, 1999) Vehicle Eligibility Number: VSP-307 2. Docket No. NHTSA-99-5580 Nonconforming Vehicles: 1990-1992 Acura Legend Substantially similar U.S.-certified vehicles: 1990-1992 Acura Legend Notice of Petition published at: 64 FR 23896 (May 4, 1999) Vehicle Eligibility Number: VSP-305 3. Docket No. NHTSA-99-5733 Nonconforming Vehicles: 1995-1998 Toyota Avalon Substantially similar U.S.-certified vehicles: 1995-1998 Toyota Avalon Notice of Petition published at: 64 FR 29937 (June 3, 1999) Vehicle Eligibility Number: VSP-308 4. Docket No. NHTSA-99-5736 Nonconforming Vehicles: 1994-1997 Honda Prelude Substantially similar U.S.-certified vehicles: 1994-1997 Honda Prelude Notice of Petition published at: 64 FR 29941 (June 3, 1999) Vehicle Eligibility Number: VSP-309 5. Docket No. NHTSA-99-5908 Nonconforming Vehicles: 1998-1999 BMW 5 Series Substantially similar U.S.-certified vehicles: 1998-1999 BMW 5 Series Notice of Petition published at: 64 FR 36957 (July 8, 1999) Vehicle Eligibility Number: VSP-314 6. Docket No. NHTSA-99-5909 Nonconforming Vehicle: 1995-1999 Triumph Thunderbird Motorcycles Substantially similar U.S.-certified vehicle: 1995-1999 Triumph Thunderbird Motorcycles Notice of Petition published at: 64 FR 36959 (July 8, 1999) Vehicle Eligibility Number: VSP-311 7. Docket No. NHTSA-99-5910 Nonconforming Vehicles: 1995-1999 BMW 7 Series Substantially similar U.S.-certified vehicles: 1995-1999 BMW 7 Series Notice of Petition published at: 64 FR 36959 (July 8, 1999) Vehicle Eligibility Number: VSP-313 8. Docket No. NHTSA-99-5911 Nonconforming Vehicles: 1987-1999 Kawasaki ZX6, ZX7, ZX9, ZX10, and ZX11 Motorcycles Substantially similar U.S.-certified vehicles: 1987-1999 Kawasaki ZX6, ZX7, ZX9, ZX10, and ZX11 Motorcycles Notice of Petition published at: 64 FR 36961 (July 8, 1999) Vehicle Eligibility Number: VSP-312 9. Docket No. NHTSA-99-5912 Nonconforming Vehicles: 1991-1997 Honda VFR 750 and 1998-1999 Honda VFR 800 Motorcycles Substantially similar U.S.-certified vehicles: 1991-1997 Honda VFR 750 and 1998-1999 Honda VFR 800 Motorcycles Notice of Petition published at: 64 FR 36791 (July 7, 1999) Vehicle Eligibility Number: VSP-315 10. Docket No. NHTSA-99-5913 Nonconforming Vehicles: 1993 Mercedes-Benz 320CE Substantially similar U.S.-certified vehicles: 1993 Mercedes- Benz 320CE Notice of Petition published at: 64 FR 36740 (July 7, 1999) Vehicle Eligibility Number: VSP-310

[FR Doc. 99-32563 Filed 12-16-99; 8:45 am] BILLING CODE 4910-59-P