[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Notices]
[Pages 36605-36606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10061]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-25071]


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 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 because they have safety 
features that comply with, or are capable of being altered to comply 
with, all applicable Federal motor vehicle safety standards.

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 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 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 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

[[Page 36606]]

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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

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

1. Docket No. NHTSA-2005-23433

Nonconforming Vehicles: 2000-2005 Komet Standard, Classic and 
Eurolite Trailers
Substantially Similar U.S.--Certified Vehicles: 2000-2005 Komet 
Standard, Classic and Eurolite Trailers
Notice of Petition Published at: 70 FR 77450 (December 30, 2005)
Vehicle Eligibility Number: VSP-477 (effective date February 7, 
2006)

2. Docket No. NHTSA-2006-23698

Nonconforming Vehicles: 2002-2005 Mercedes Benz CLK-Class (209) 
Passenger Cars
Substantially Similar U.S.--Certified Vehicles: 2002-2005 Mercedes 
Benz CLK-Class (209) Passenger Cars
Notice of Petition Published at: 71 FR 5113 (January 31, 2006)
Vehicle Eligibility Number: VSP-478 (effective date March 8, 2006)

3. Docket No. NHTSA-2006-23699

Nonconforming Vehicles: 2005 and 2006 Ferrari F430 Passenger Cars 
Manufactured Before September 1, 2006
Substantially Similar U.S.--Certified Vehicles: 2005 and 2006 
Ferrari F430 Passenger Cars Manufactured Before September 1, 2006
Notice of Petition Published at: 71 FR 5114 (January 31, 2006)
Vehicle Eligibility Number: VSP-479 (effective date March 10, 2006)

4. Docket No. NHTSA-2006-24071

Nonconforming Vehicles: 1995 Pontiac Firebird Trans Am Passenger 
Cars
Substantially Similar U.S.--Certified Vehicles: 1995 Pontiac 
Firebird Trans Am Passenger Cars
Notice of Petition Published at: 71 FR 11702 (March 8, 2006)
Vehicle Eligibility Number: VSP-481 (effective date April 17, 2006)

5. Docket No. NHTSA-2006-24310

Nonconforming Vehicles: 2005 Mini Cooper Convertible Passenger Cars 
Manufactured for the European Market
Substantially Similar U.S.--Certified Vehicles: 2005 Mini Cooper 
Convertible Passenger Cars
Notice of Petition Published at: 71 FR 17955 (April 7, 2006)
Vehicle Eligibility Number: VSP-482 (effective date May 18, 2006)

6. Docket No. NHTSA-2006-24491

Nonconforming Vehicles: 1999 BMW Z3 Passenger Cars Manufactured for 
the European Market
Substantially Similar U.S.--Certified Vehicles: 1999 BMW Z3 
Passenger Cars
Notice of Petition Published at: 71 FR 20158 (April 19, 2006)
Vehicle Eligibility Number: VSP-483 (effective date May 26, 2006)

7. Docket No. NHTSA-2005-23434

Nonconforming Vehicles: 2005 Heku 750kg Boat Trailers
Because there are no substantially similar U.S.-certified versions 
of the 2005 Heku 750kg Boat Trailers, the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 70 FR 77246 (December 29, 2005)
Vehicle Eligibility Number: VCP-33 (effective date February 7, 2006)

8. Docket No. NHTSA-2005-23391

Nonconforming Vehicles: 2006 Smart Car Passion, Pulse, and Pure 
(Coupe and Cabriolet) Passenger Cars Manufactured Prior to September 
1, 2006
Because there are no substantially similar U.S.-certified versions 
of the 2006 Smart Car Passion, Pulse, and Pure (Coupe and Cabriolet) 
Passenger Cars Manufactured Prior to September 1, 2006, the 
petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 70 FR 77245 (December 29, 2005)
Vehicle Eligibility Number: VCP-34 (effective date February 7, 2006)

[FR Doc. E6-10061 Filed 6-26-06; 8:45 am]
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