Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation, 61825-61826 [E6-17454]

Download as PDF Federal Register / Vol. 71, No. 202 / Thursday, October 19, 2006 / Notices including: (1) Whether the proposed collection is necessary for FMCSA’s performance including its utility in fostering assessment of the portal; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Issued on: October 13, 2006. John H. Hill, Administrator. [FR Doc. E6–17455 Filed 10–18–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26072] Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation National Highway Traffic Safety Administration, (NHTSA), Department of Transportation. ACTION: Notice of decision by NHTSA that certain nonconforming motor vehicles are eligible for importation. cprice-sewell on PROD1PC66 with NOTICES AGENCY: 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 VerDate Aug<31>2005 14:50 Oct 18, 2006 Jkt 211001 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 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. 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 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 61825 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: October 13, 2006. Claude H. Harris, Director, Office of Vehicle Safety Compliance. Annex A—Nonconforming Motor Vehicles Decided to Be Eligible for Importation 1. Docket No. NHTSA–2006–25398 Nonconforming Vehicles: 1999–2006 Suzuki GXS1300R Motorcycles. Substantially Similar U.S.-Certified Vehicles: 1999–2006 Suzuki GXS1300R Motorcycles. Notice of Petition Published at: 71 FR 41067 (July 19, 2006). Vehicle Eligibility Number: VSP–484 (effective date August 29, 2006). 2. Docket No. NHTSA–2006–25516 Nonconforming Vehicles: 1998 Bentley Azure (Left-Hand and Right-Hand Drive) Passenger Cars. Substantially Similar U.S.-Certified Vehicles: 1998 Bentley Azure (Left-hand drive) Passenger Cars (Note: Manufacturer confirmed in writing that non-U.S. certified RHD vehicles are substantially similar to U.S. certified LHD model). Notice of Petition Published at: 71 FR 45104 (August 8, 2006). Vehicle Eligibility Number: VSP–485 (effective date September 14, 2006). 3. Docket No. NHTSA–2006–25515 Nonconforming Vehicles: 2004 Mercedes Benz Maybach Passenger Cars. Substantially Similar U.S.-Certified Vehicles: 2004 Mercedes Benz Maybach Passenger Cars. Notice of Petition Published at: 71 FR 45103 (August 8, 2006). Vehicle Eligibility Number: VSP–486 (effective date September 14, 2006). 4. Docket No. NHTSA–2006–24965 Nonconforming Vehicles: 2006 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose Passenger Vehicles Manufactured Before September 1, 2006. Because there are no substantially similar U.S.-certified versions of the 2006 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose Passenger Vehicles Manufactured Before September 1, E:\FR\FM\19OCN1.SGM 19OCN1 61826 Federal Register / Vol. 71, No. 202 / Thursday, October 19, 2006 / Notices 2006, the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 71 FR 34994 (June 16, 2006). Vehicle Eligibility Number: VCP–35 (effective date July 24, 2006). [FR Doc. E6–17454 Filed 10–18–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26010] Notice of Receipt of Petition for Decision That Nonconforming 2003 and 2004 BMW 3 Series Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2003 and 2004 BMW 3 Series passenger cars are eligible for importation. cprice-sewell on PROD1PC66 with NOTICES AGENCY: SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2003 and 2004 BMW 3 Series passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) They are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is November 20, 2006. ADDRESSES: Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL–401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). VerDate Aug<31>2005 14:50 Oct 18, 2006 Jkt 211001 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 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. 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. Sunshine Car Import (‘‘SCI’’) of Ft. Myers, Florida, (Registered Importer 01– 289) has petitioned NHTSA to decide whether nonconforming 2003 and 2004 BMW 3 Series passenger cars are eligible for importation into the United States. The vehicles which SCI believes are substantially similar are 2003 and 2004 BMW 3 Series passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer, Bayerische Motoren Werke, A.G. (BMW), as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S.-certified 2003 and 2004 BMW 3 Series passenger cars to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. SCI submitted information with its petition intended to demonstrate that non-U.S.-certified 2003 and 2004 BMW 3 Series passenger cars, as originally manufactured, conform to many FMVSS in the same manner as their U.S.certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S.-certified 2003 and 2004 BMW 3 Series passenger cars are identical to their U.S.-certified counterparts with PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint Anchorage Systems, 302 Flammability of Interior Materials, and 401 Interior Trunk Release. With regard to compliance with the Bumper Standard found in 49 CFR Part 581, the petitioner claims that the vehicles are equipped with bumpers and support structures identical to those used on U.S. certified models. The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: (a) Inscription of the word ‘‘brake’’ on the dash in place of the international ECE warning symbol; (b) replacement of the speedometer with a unit reading in miles per hour; and (c) installation of U.S.-model software in the vehicle’s computer system. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: installation of U.S.-model headlamps, front sidemarker lamps, and a high mounted stop lamp if not already so equipped. Standard No. 110 Tire Selection and Rims: installation of a tire information placard. Standard No. 111 Rearview Mirror: replacement of the passenger side rearview mirror with a U.S.-model component, or inscription of the required warning statement on that mirror. Standard No. 114 Theft Protection: reprogramming of the vehicle to actuate the appropriate safety systems during conversion of the dash. Standard No. 118 Power Window Systems: alteration of the power window system to operate the required defeat device during reprogramming of the lights and dash. The petitioner states that most vehicles have the required defeat devices as standard equipment. Standard No. 208 Occupant Crash Protection: Petitioner states that the E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61825-61826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17454]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26072]


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.

-----------------------------------------------------------------------

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 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.
    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: October 13, 2006.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

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

1. Docket No. NHTSA-2006-25398

    Nonconforming Vehicles: 1999-2006 Suzuki GXS1300R Motorcycles.
    Substantially Similar U.S.-Certified Vehicles: 1999-2006 Suzuki 
GXS1300R Motorcycles.
    Notice of Petition Published at: 71 FR 41067 (July 19, 2006).
    Vehicle Eligibility Number: VSP-484 (effective date August 29, 
2006).

2. Docket No. NHTSA-2006-25516

    Nonconforming Vehicles: 1998 Bentley Azure (Left-Hand and Right-
Hand Drive) Passenger Cars.
    Substantially Similar U.S.-Certified Vehicles: 1998 Bentley 
Azure (Left-hand drive) Passenger Cars (Note: Manufacturer confirmed 
in writing that non-U.S. certified RHD vehicles are substantially 
similar to U.S. certified LHD model).
    Notice of Petition Published at: 71 FR 45104 (August 8, 2006).
    Vehicle Eligibility Number: VSP-485 (effective date September 
14, 2006).

3. Docket No. NHTSA-2006-25515

    Nonconforming Vehicles: 2004 Mercedes Benz Maybach Passenger 
Cars.
    Substantially Similar U.S.-Certified Vehicles: 2004 Mercedes 
Benz Maybach Passenger Cars.
    Notice of Petition Published at: 71 FR 45103 (August 8, 2006).
    Vehicle Eligibility Number: VSP-486 (effective date September 
14, 2006).

4. Docket No. NHTSA-2006-24965

    Nonconforming Vehicles: 2006 Mercedes Benz Type 463 Short Wheel 
Base Gelaendewagen Multipurpose Passenger Vehicles Manufactured 
Before September 1, 2006.
    Because there are no substantially similar U.S.-certified 
versions of the 2006 Mercedes Benz Type 463 Short Wheel Base 
Gelaendewagen Multipurpose Passenger Vehicles Manufactured Before 
September 1,

[[Page 61826]]

2006, the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
    Notice of Petition Published at: 71 FR 34994 (June 16, 2006).
    Vehicle Eligibility Number: VCP-35 (effective date July 24, 
2006).

[FR Doc. E6-17454 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-59-P