[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42153-42155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16792]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0074]


Decision That Certain Nonconforming Motor Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petitions.

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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

[[Page 42154]]

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.
    Comments: No substantive comments were received in response to 16 
of the 17 petitions identified in Appendix A. In response to the 
remaining petition, which covers 2004 model year Ford F-150 Crew Cab 
trucks that were manufactured for the Mexican Market (Docket No NHTSA-
2012-0162), the Ford Motor Company stated in pertinent part:

    Vehicles that are designed and manufactured for export to 
markets outside of the United States are not necessarily tested for 
compliance to all FMVSS requirements, unless the particular export 
markets have entirely equivalent safety standards. Therefore, Ford 
can neither confirm nor deny that a 2004 F-150 Crew Cab manufactured 
for sale in the Mexican Market would have complied with FMVSS No. 
208 at the time it was manufactured.

    The petitioner, Mesa Auto Wholesalers, responded in pertinent part:

    We at Mesa auto wholesalers have carefully looked at both a 2004 
Ford F-150 that was sold for the American market and the subject 
vehicle, in our research we discovered that both vehicles were 
exactly the same and therefore conformed to the standard FMVSS No. 
208 both units had factory installed airbags and seatbelts for all 
seating positions including outward and center seat positions in 
both the front seat and the rear seat.

    NHTSA believes this response fully addresses the comment. The 
agency also notes that the comment lacks sufficient specificity to 
provide a basis for the denial of the petition.
    NHTSA 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 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 
has safety features that comply with, or are capable of being altered 
to comply with, all applicable Federal Motor Vehicle Safety Standards.
    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.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49 
CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.7.

    Issued on: July 2, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

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

1. Docket No. NHTSA-2013-0032

Nonconforming Vehicles: 2005, 2006 & 2007 BMW 5 Series Passenger 
Cars Manufactured before September 1, 2006
Substantially Similar U.S. Certified Vehicles: 2005, 2006 & 2007 BMW 
5 Series Passenger Cars Manufactured before September 1, 2006
Notice of Petition
    Published at: 78 FR 24463 (April 25, 2013)
Vehicle Eligibility Number: VSP-555 (effective date June 7, 2013)

2. Docket No. NHTSA-2013-0031

Nonconforming Vehicles: 1991 Volkswagen Transporter Multipurpose 
Passenger Vehicles

Substantially Similar U.S. Certified Vehicles: 1991 Volkswagen 
Transporter Multipurpose Passenger Vehicles
Notice of Petition
    Published at: 78 FR 22944 (April 17, 2013)
Vehicle Eligibility Number: VSP-554 (effective date June 7, 2013)

3. Docket No. NHTSA-2013-0022

Nonconforming Vehicles: 2010 BMW Z4 Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2010 BMW Z4 Passenger 
Cars
Notice of Petition
    Published at: 78 FR 20385 (April 4, 2013)
Vehicle Eligibility Number: VSP-553 (effective date May 28, 2013)

4. Docket No. NHTSA-2013-0015

Nonconforming Vehicles: 2012 Porsche GT3 RS Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2012 Porsche GT3 RS 
Passenger Cars
Notice of Petition
    Published at: 78 FR 20386 (April 4, 2013)
Vehicle Eligibility Number: VSP-552 (effective date May 21, 2013)

5. Docket No. NHTSA-2012-0164

Nonconforming Vehicles: 2007 Ford Escape Multipurpose Passenger 
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: Ford Escape 
Multipurpose Passenger Vehicles
Notice of Petition
    Published at: 78 FR 20388 (April 4, 2013)
Vehicle Eligibility Number: VSP-551 (effective date May 20, 2013)

6. Docket No. NHTSA-2013-0016

Nonconforming Vehicles: 1992, 1993 & 1994 BMW 3 Series Passenger 
Cars
Substantially Similar U.S. Certified Vehicles: 1992, 1993 & 1994 BMW 
3 Series Passenger Cars
Notice of Petition
    Published at: 78 FR 19364 (March 29, 2013)
Vehicle Eligibility Number: VSP-550 (effective date May 6, 2013)

7. Docket No. NHTSA-2013-0012

Nonconforming Vehicles: 2005 Mercedes-Benz G Class (463 chassis) 
Long-Wheelbase (LWB) Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Mercedes-Benz G 
Class (463 chassis) Long-Wheelbase (LWB) Multipurpose Passenger 
Vehicles
Notice of Petition
    Published at: 78 FR 10686 (February 14, 2013)
Vehicle Eligibility Number: VSP-549 (effective date April 22, 2013)

8. Docket No. NHTSA-2012-0162

Nonconforming Vehicles: 2004 Ford F-150 Crew Cab Trucks Manufactured 
for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2004 Ford F-150 Crew 
Cab Trucks
Notice of Petition
    Published at: 78 FR 13754 (February 28, 2013)
Vehicle Eligibility Number: VSP-548 (effective date April 17, 2013)

9. Docket No. NHTSA-2012-0161

Nonconforming Vehicles: 2003 Jeep Wrangler Multipurpose Passenger 
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2003 Jeep Wrangler 
Multipurpose

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Passenger Vehicles
Notice of Petition
    Published at: 78 FR 13755 (February 28, 2013)
Vehicle Eligibility Number: VSP-547 (effective date April 17, 2013)

10. Docket No. NHTSA-2013-0014

Nonconforming Vehicles: 1992 Porsche Carrera (964 Series) Passenger 
Cars
Substantially Similar U.S. Certified Vehicles: 1992 Porsche Carrera 
(964 Series) Passenger Cars
Notice of Petition
    Published at: 78 FR 10687 (February 14, 2013)
Vehicle Eligibility Number: VSP-546 (effective date March 26, 2013)

11. Docket No. NHTSA-2012-0163

Nonconforming Vehicles: 2005 Ferrari 612 Scaglietti Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Ferrari 612 
Scaglietti Passenger Cars
Notice of Petition
    Published at: 77 FR 76599 (December 28, 2012)
Vehicle Eligibility Number: VSP-545 (effective date February 12, 
2013)

12. Docket No. NHTSA-2012-0151

Nonconforming Vehicles: 2007 Chevrolet Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2007 Chevrolet 
Corvette Passenger Cars
Notice of Petition
    Published at: 77 FR 69539 (November 19, 2012)
Vehicle Eligibility Number: VSP-544 (effective date January 16, 
2013)

13. Docket No. NHTSA-2012-0150

Nonconforming Vehicles: 2009 Porsche Cayenne S Multipurpose 
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2009 Porsche Cayenne 
S Multipurpose Passenger Vehicles
Notice of Petition
    Published at: 77 FR 67732 (November 13, 2012)
Vehicle Eligibility Number: VSP-543 (effective date January 16, 
2013)

14. Docket No. NHTSA-2012-0160

Nonconforming Vehicles: 2009 Porsche 911 (997) Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2009 Porsche 911 
(997) passenger cars
Notice of Petition
    Published at: 77 FR 70541 (November 26, 2012)
Vehicle Eligibility Number: VSP-542 (effective date January 16, 
2013)

15. Docket No. NHTSA-2012-0095

Nonconforming Vehicles: 2005 Chevrolet Suburban Multipurpose 
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Chevrolet 
Suburban Multipurpose Passenger Vehicles
Notice of Petition
    Published at: 77 FR 46803 (August 6, 2012)
Vehicle Eligibility Number: VSP-541 (effective date November 27, 
2012)

16. Docket No. NHTSA-2013-0035

Nonconforming Vehicles: 2011 Thule 3008 BL Boat Trailer
Because there are no substantially similar U.S.-certified version 
2011 Thule 3008 BL Boat Trailer the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition:
    Published at: 78 FR 24464 (April 25, 2013)
Vehicle Eligibility Number: VCP-52 (effective date June 7, 2013)

17. Docket No. NHTSA-2012-0148

Nonconforming Vehicles: 1991 Mercedes-Benz G Class (463 chassis) 
Multipurpose Passenger Vehicles
Because there are no substantially similar U.S.-certified version 
1991 Mercedes-Benz G Class (463 chassis) Multipurpose Passenger 
Vehicles the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
Notice of Petition
    Published at: 77 FR 65444 (October 26, 2012)
Vehicle Eligibility Number: VCP-51 (effective date December 11, 
2012)

[FR Doc. 2013-16792 Filed 7-12-13; 8:45 am]
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