Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation, 35542-35543 [E7-12545]

Download as PDF mstockstill on PROD1PC66 with NOTICES 35542 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices 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. Barry W. Taylor Enterprises, Inc., of Richmond, California (‘‘BTE’’) (Registered Importer 01–280) has petitioned NHTSA to decide whether nonconforming 2004 Hyundai XG350 passenger cars are eligible for importation into the United States. The vehicles which BTE believes are substantially similar are 2004 Hyundai XG350 passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it compared non-U.S. certified 2004 Hyundai XG350 passenger cars to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. BTE submitted information with its petition intended to demonstrate that non-U.S. certified 2004 Hyundai XG350 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 2004 Hyundai XG350 passenger cars are identical to their U.S. certified counterparts with 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, 106 Brake Hoses, 109 New Pneumatic Tires, 110 Tire Selection and Rims, 113 Hood Latch System, 114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135 Passenger Car Brake Systems, 201 VerDate Aug<31>2005 18:23 Jun 27, 2007 Jkt 211001 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, 208 Occupant Crash Protection, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System Integrity, 302 Flammability of Interior Materials, and 401 Interior Trunk Release. In addition, the petitioner claims that the vehicles comply with the Bumper Standard found in 49 CFR Part 581. 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: installation of a U.S.-model instrument cluster. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.-certified model (a) front and rear side-mounted marker lamps; and (b) high-mounted stoplamp. Standard No. 111 Rearview Mirrors: Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror. Standard No. 209 Seat Belt Assemblies: Installation of U.S.-certified model seat belt assemblies. Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket number and be submitted to: Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) 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. [FR Doc. E7–12575 Filed 6–27–07; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–28533] 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. 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 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. E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices 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. mstockstill on PROD1PC66 with NOTICES 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. VerDate Aug<31>2005 18:23 Jun 27, 2007 Jkt 211001 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] BILLING CODE 4910–59–P PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 35543 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–98–4470] Pipeline Safety: Meeting of the Technical Hazardous Liquid Pipeline Safety Standards Committee Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Department of Transportation (DOT). ACTION: Notice of meeting. AGENCY: SUMMARY: This notice announces a public meeting of PHMSA’s Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC). The THLPSSC will vote on a proposal to extend pipeline safety regulations to certain unregulated hazardous liquid gathering lines and low-stress pipelines and on a supplemental proposal addressing new requirements for lowstress pipelines in the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act). PHMSA will also consult with the THLPSSC on a concept addressing internal corrosion. DATES: The meeting will be on Tuesday, July 24, 2007, from 1 p.m. to 4 p.m. EST. ADDRESSES: The THLPSSC will participate by telephone conference call. The public may attend the meeting at the U.S. Department of Transportation, 1200 New Jersey Avenue, SE., East Building, Second Floor, Washington, DC 20590, Room E27–302. FOR FURTHER INFORMATION CONTACT: Cheryl Whetsel at (202) 366–4431, or by e-mail at cheryl.whetsel@dot.gov. SUPPLEMENTARY INFORMATION: I. Meeting Details PHMSA will post additional information or changes approximately 15 days before the meeting on its Web site: http://www.phmsa.dot.gov. Members of the public may attend and they may also make an oral statement during the meeting. To make an oral statement, you may contact Cheryl Whetsel before July 17. Please note that the meeting’s presiding officer may deny any non-scheduled request to make an oral statement and may also limit the time of any speaker. Comments regarding this meeting should reference Docket No. PHMSA– 98–4470 and may be submitted in the following ways: • DOT Web site: http://dms.dot.gov. To submit comments on the DOT electronic docket Web site, click ‘‘Comment/Submissions,’’ click E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35542-35543]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4910-59-P