[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2395-2396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-917]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-14211]


Decision that Certain Nonconforming Motor Vehicles are Eligible 
for Importation

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

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 are eligible for importation 
into the United States because they are either (1) substantially 
similar to vehicles originally manufactured for importation into and/or 
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 (2) they have safety 
features that comply with, or are capable of being altered to comply 
with, all such standards.

DATES: These decisions are effective as of the date of their 
publication in the Federal Register.

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 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.
    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 
Federal motor vehicle safety standards 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 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 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 Federal motor vehicle safety standards 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: January 10, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.

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

1. Docket No. NHTSA-2002-13533
Nonconforming Vehicle: 1995-2002 Harley Davidson Buell. Motorcycles 
(All Models).
Substantially similar
    U.S.-certified vehicle: 1995-2002 Harley Davidson Buell. 
Motorcycles (All Models).
Notice of Petition
    Published at: 67 FR 65833 (October 28, 2002).
Vehicle Eligibility Number: VSP-399.
2. Docket No. NHTSA-2002-13534
Nonconforming Vehicles: 1989-1993 Honda VFR 400 and RVF 400 
Motorcycles.

    Because there are no substantially similar U.S.-certified versions 
of the 1989-1993 Honda VFR 400 and RVF 400, the petition sought import

[[Page 2396]]

eligibility under 49 U.S.C. 30141(a)(1)(B).

Notice of Petition
    Published at: 67 FR 65835 (October 28, 2002).
Vehicle Eligibility Number: VCP-24.
3. Docket No. NHTSA-2002-13539
Nonconforming Vehicle: 1989-1994 Honda CBR 250 Motorcycles.

    Because there are no substantially similar U.S.-certified versions 
of the 1989-1994 Honda CBR 250, the petition sought import eligibility 
under 49 U.S.C. 30141(a)(1)(B).

Notice of Petition
    Published at: 67 FR 65836 (October 28, 2002).
    Vehicle Eligibility Number: VCP-22.
4. Docket No. NHTSA-2002-13538
Nonconforming Vehicles: 2002 Yamaha FJR 1300 Motorcycles.

    Because there are no substantially similar U.S.-certified versions 
of the 2002 Yamaha FJR 1300 Motorcycles, the petition sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).

Notice of Petition
    Published at: 67 FR 65834 (October 28, 2002).
    Vehicle Eligibility Number: VCP-23.

[FR Doc. 03-917 Filed 1-15-03; 8:45 am]
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