[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 51044-51045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-153]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0135]
Decision that Certain Nonconforming Motor Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of decision by NHTSA that certain nonconforming motor
vehicles are eligible for importation.
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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: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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 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 substantive 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 FMVSS, is either
(1) 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 (2) has safety
features that comply with, or are capable of being altered to comply
with, all applicable Federal motor vehicle safety standards.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49
CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: August 25, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA-2007-0023
Nonconforming Vehicles: 2001 Chevrolet Tahoe multipurpose passenger
vehicles.
Substantially Similar U.S. Certified Vehicles: 2001 Chevrolet Tahoe
multipurpose passenger vehicles.
Notice of Petition Published at: 72 FR 63651 (November 9, 2007).
Vehicle Eligibility Number: VSP-501 (effective date January 16, 2008).
2. Docket No. NHTSA-2007-0022
Nonconforming Vehicles: 2005 Volkswagen Golf passenger cars.
Substantially Similar U.S. Certified Vehicles: 2005 Volkswagen Golf
passenger cars.
Notice of Petition Published at: 72 FR 63229 (November 8, 2007).
Vehicle Eligibility Number: VSP-502 (effective date January 16, 2008).
3. Docket No. NHTSA-2008-0051
Nonconforming Vehicles: 2000 Chevrolet Tahoe multipurpose passenger
vehicle.
[[Page 51045]]
Substantially Similar U.S. Certified Vehicles: 2000 Chevrolet Tahoe
multipurpose passenger vehicle.
Notice of Petition Published at: 73 FR 16960 (March 31, 2008).
Vehicle Eligibility Number: VSP-504 (effective date May 19, 2008).
4. Docket No. NHTSA-2008-0062
Nonconforming Vehicles: 2005 Jeep Liberty multipurpose passenger
vehicle.
Substantially Similar U.S. Certified Vehicles: 2005 Jeep Liberty
multipurpose passenger vehicle.
Notice of Petition Published at: 73 FR 19135 (April 8, 2008).
Vehicle Eligibility Number: VSP-505 (effective date June 2, 2008).
5. Docket No. NHTSA-2008-0092
Nonconforming Vehicles: 2007 Harley Davidson FX, FL, XL, & VR Series
motorcycles.
Substantially Similar U.S. Certified Vehicles: 2007 Harley Davidson FX,
FL, XL, & VR Series motorcycles.
Notice of Petition Published at: 73 FR 27025 (May 12, 2008).
Vehicle Eligibility Number: VSP-506 (effective date June 25, 2008).
6. Docket No. NHTSA-2008-0110
Nonconforming Vehicles: 2004-2005 Ferrari 575 passenger cars.
Substantially Similar U.S. Certified Vehicles: 2004-2005 Ferrari 575
passenger cars.
Notice of Petition Published at: 73 FR 32784 (June 10, 2008).
Vehicle Eligibility Number: VSP-507 (effective date July 16, 2008).
7. Docket No. NHTSA-2008-0117
Nonconforming Vehicles: 2006 Lamborghini Gallardo Roadster passenger
cars manufactured between January 1, 2006 and August 31, 2006.
Substantially Similar U.S. Certified Vehicles: 2006 Lamborghini
Gallardo Roadster passenger cars manufactured between January 1, 2006
and August 31, 2006.
Notice of Petition Published at: 73 FR 36375 (June 26, 2008).
Vehicle Eligibility Number: VSP-508 (effective date August 4, 2008).
8. Docket No. NHTSA-2008-0120
Nonconforming Vehicles: 2004 Land Rover Range Rover multipurpose
passenger vehicles.
Substantially Similar U.S. Certified Vehicles: 2004 Land Rover Range
Rover multipurpose passenger vehicles.
Notice of Petition Published at: 73 FR 36373 (June 26, 2008).
Vehicle Eligibility Number: VSP-509 (effective date August 4, 2008).
9. Docket No. NHTSA-2008-0094
Nonconforming Vehicles: 1988-1994 Alpina B12 5.0 Sedan passenger cars.
Because there are no substantially similar U.S.-certified version 1988-
1994 Alpina B12 5.0 Sedan passenger cars, the petitioner sought import
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 73 FR 27890 (May 14, 2008).
Vehicle Eligibility Number: VCP-41 (effective date June 25, 2008).
[FR Doc. E8-20062 Filed 8-28-08; 8:45 am]
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