[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Notices]
[Page 59107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23756]



  Federal Register / Vol. 67, No. 182 / Thursday, September 19, 2002 / 
Notices  

[[Page 59107]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-12937, Notice 2]


Final Decision That Certain Nonconforming Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Final decision that certain nonconforming vehicles are eligible 
for importation.

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SUMMARY: This document announces a final decision by the National 
Highway Traffic Safety Administration (NHTSA) that certain vehicles 
that do not comply with all applicable Federal motor vehicle safety 
standards, but that are certified by their original manufacturer as 
complying with all applicable Canadian motor vehicle safety standards, 
are eligible for importation into the United States. The vehicles in 
question either (1) are substantially similar to vehicles that were 
certified by their manufacturers as complying with the U.S. safety 
standards and are capable of being readily altered to conform to those 
standards, or (2) have safety features that comply with, or are capable 
of being altered to comply with, all U.S. safety standards.

DATE: This decision is effective on September 19, 2002.

FOR FURTHER INFORMATION CONTACT: Luke Loy, 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 Federal motor 
vehicle safety standards (FMVSS) shall be refused admission into the 
United States unless NHTSA has decided, either pursuant to a petition 
from the manufacturer or registered importer or on its own initiative, 
that the motor vehicle (1) is substantially similar to a motor vehicle 
of the same model year that was originally manufactured for importation 
into and sale in the United States and certified by its manufacturer as 
complying with all applicable FMVSS, and (2) 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.
    On August 6, 2002, NHTSA published a notice in the Federal Register 
at 67 FR 50979 announcing that it had made a tentative decision that 
certain motor vehicles that do not comply with all applicable FMVSS, 
but that are certified by their original manufacturers as complying 
with all applicable Canadian motor vehicle safety standards, are 
eligible for importation into the United States. The notice identified 
these vehicles as:

    (a) All passenger cars manufactured on or after September 1, 
2002 and before September 1, 2007, that, as originally manufactured, 
are equipped with an automatic restraint system that complies FMVSS 
No. 208, and that comply with FMVSS No. 201, 214, 225, and 401; and
    (b) All multipurpose passenger vehicles, trucks and buses with a 
gross vehicle weight rating (GVWR) of 4,535 kg (10,000 lb) or less 
that were manufactured on or after September 1, 2002, and before 
September 1, 2007, and that, as originally manufactured, comply with 
FMVSS Nos. 201, 202, 208, 214, and 216, and, insofar as it is 
applicable, with FMVSS No. 225.

    The reader is referred to the August 6 notice for a full discussion 
of the factors leading to the tentative decision. In accordance with 49 
U.S.C. 30141(b), the notice solicited public comments on the tentative 
decision. No comments were submitted in response to the notice. 
Accordingly, we are adopting the tentative decision as a final 
decision.

Final Decision

    In consideration of the foregoing, the Administrator of NHTSA 
hereby decides that:

    (a) All passenger cars manufactured on or after September 1, 
2002 and before September 1, 2007, that, as originally manufactured, 
are equipped with an automatic restraint system that complies with 
FMVSS No. 208, and that comply with FMVSS No. 201, 214, 225, and 
401; and (b) All multipurpose passenger vehicles, trucks and buses 
with a GVWR of 4,535 kg (10,000 lb) or less that were manufactured 
on or after September 1, 2002, and before September 1, 2007, and 
that, as originally manufactured, comply with FMVSS Nos. 201, 202, 
208, 214, and 216, and, insofar as it is applicable, with FMVSS No. 
225;

that are certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards, are eligible for 
importation into the United States on the basis that either:

    1. they are substantially similar to vehicles of the same make, 
model, and model year originally manufactured for importation into 
and sale in the United States, or originally manufactured in the 
United States for sale therein, and certified as complying with all 
applicable FMVSS, and are capable of being readily altered to 
conform to all applicable FMVSS, or
    2. they have safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS.

Vehicle Eligibility Number

    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. All passenger cars admissible under this decision are 
eligible for entry under vehicle eligibility number VSA-80, and all 
MPVs, trucks, and buses admissible under this decision are eligible 
for entry under vehicle eligibility number VSA-81.

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

    Issued on: September 13, 2002.
Annette M. Sandberg,
Deputy Administrator.
[FR Doc. 02-23756 Filed 9-18-02; 8:45 am]
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