[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35542-35543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12545]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28533]


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 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 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.

[[Page 35543]]

    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: June 22, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

Annex A--Nonconforming Motor Vehicles Decided To BeEligible for 
Importation

1. Docket No. NHTSA-2006-26010
    Nonconforming Vehicles: 2003 and 2004 BMW 3 Series Passenger 
Cars
    Substantially Similar
    U.S.--Certified Vehicles: 2003 and 2004 BMW 3 Series Passenger 
Cars
    Notice of Petition
    Published at: 71 FR 61826 (October 19, 2006)
    Vehicle Eligibility Number: VSP-487(effective date November 27, 
2006)
2. Docket No. NHTSA-2007-27376
    Nonconforming Vehicles: 2004 Volkswagen Passat Sedan and Wagon 
Model Passenger Cars
    Substantially Similar
    2004 Volkswagen Passat Sedan and Wagon Model Passenger Cars
    Notice of Petition
    Published at: 72 FR 9999 (March 6, 2007)
    Vehicle Eligibility Number: VSP-488 (effective date April 12, 
2007)
3. Docket No. NHTSA-2007-26995
    Nonconforming Vehicles: 1996 BMW K75 Motorcycles
    Because there are no substantially similar U.S.--certified 
version 1995 BMW K75 Motorcycles, the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
    Notice of Petition
    Published at: 72 FR 3911 (January 26, 2007)
    Vehicle Eligibility Number: VCP-36(effective date March 13, 
2007)
4. Docket No. NHTSA-2007-27337
    Nonconforming Vehicles: 2006-2007 Carrocerias Alcides Cimarron 
Trailers
    Because there are no substantially similar U.S.--certified 
version 2006-2007 Carrocerias Alcides Cimarron Trailers, the 
petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B).
    Notice of Petition
    Published at: 72 FR 9074 (February 28, 2007)
    Vehicle Eligibility Number: VCP-37(effective date April 12, 
2007)
5. Docket No. NHTSA-2007-27774
    Nonconforming Vehicles: 2007 Smart Car Passion, Pulse, and Pure 
(ForTwo Coupe and Cabriolet) Passenger Cars Manufactured Prior to 
September 1, 2006
    Because there are no substantially similar U.S.--certified 
version 2007 Smart Car Passion, Pulse, and Pure (ForTwo Coupe and 
Cabriolet) Passenger Cars, the petitioner sought import eligibility 
under 49 U.S.C. 30141(a)(1)(B).
    Notice of Petition
    Published at: 72 FR 17985 (April 10, 2007)
    Vehicle Eligibility Number: VCP-39(effective date May 23, 2007)

 [FR Doc. E7-12545 Filed 6-27-07; 8:45 am]
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