Final Decision That Certain Nonconforming Vehicles Are Eligible for Importation, 54975-54977 [E7-19114]
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices
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agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) how to enhance the quality,
utility, and clarity of the information to
be collected; and
(iv) how to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comment on the following extension of
clearance for a currently approved
collection of information:
Confidential Business Information
Type of Request—Extension of
clearance.
OMB Clearance Number—2127–0025.
Form Number—This collection of
information uses no standard forms.
Requested Expiration Date of
Approval—Three (3) years from the date
of approval of the collection.
Summary of the Collection of
Information—Persons who submit
information to the agency and seek to
have the agency withhold some or all of
that information from disclosure under
the Freedom of Information Act
(‘‘FOIA’’), 5 U.S.C. 552, must provide
the agency with sufficient support that
justifies the confidential treatment of
that information. In addition, a request
for confidential treatment must be
accompanied by: (1) A complete copy of
the submission; (2) a copy of the
submission containing only those
portions for which confidentiality is not
sought with the confidential portions
redacted; and (3) either a second
complete copy of the submission or
alternatively those portions of the
submission that contain the information
for which confidentiality is sought.
Furthermore, the requestor must submit
a completed certification as provided in
49 CFR Part 512, Appendix A. See
generally 49 CFR Part 512 (NHTSA
Confidential Business Information
regulations).
Part 512 ensures that information
submitted under a claim of
confidentiality is properly evaluated in
an efficient manner under prevailing
legal standards and, where appropriate,
accorded confidential treatment. To
facilitate the evaluation process, in their
requests for confidential treatment,
submitters of information may make
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reference to certain limited classes of
information that are presumptively
treated as confidential, such as
blueprints and engineering drawings,
future specific model plans (under
limited conditions), and future vehicle
production or sales figures for specific
models (under limited conditions).
Certain other information that the
agency collects pursuant to the Early
Warning Reporting (EWR) rule (49 CFR
Part 579) would, under a proposed rule,
be treated confidentially under 49 CFR
Part 512, Appendix C and submitters
would not need to provide a request for
confidential treatment for these classes
of information.
Description of the Need for the
Information and Use of the
Information—NHTSA receives
confidential information for use in its
activities, which include investigations,
rulemaking actions, program planning
and management, and program
evaluation. The information is needed
to ensure the agency has sufficient
relevant information for decisionmaking in connection with these
activities. Some of this information is
submitted voluntarily, as in rulemaking,
and some is submitted in response to
compulsory information requests, as in
investigations.
Description of the Likely Respondents,
Including Estimated Number and
Proposed Frequency of Response to the
Collection of Information—This
collection of information applies to
entities that submit to the agency
information that the entities wish to
have withheld from disclosure under
the FOIA. Thus, the collection of
information applies to entities that are
subject to laws administered by the
agency or agency regulations and are
under an obligation to provide
information to the agency. It also
includes entities that voluntarily submit
information to the agency. Such entities
would include manufacturers of motor
vehicles and of motor vehicle
equipment. Importers are considered to
be manufacturers. It may also include
other entities that are involved with
motor vehicles or motor vehicle
equipment but are not manufacturers.
Estimate of the Total Annual
Reporting and Recordkeeping Burdens
Resulting from the Collection of
Information—3600 hours.
The agency receives requests for
confidential treatment that vary in size
from requests that ask the agency to
withhold as little as a portion of one
page to multiple boxes of documents.
NHTSA estimates that it will take on
average approximately eight (8) hours
for an entity to prepare a submission
requesting confidential treatment. This
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54975
estimate will vary based on the size of
the submission, with smaller and
voluntary submissions taking
considerably less time to prepare. This
estimate is based on the volume of
requests received over the past three
years and the expectation that we will
receive requests for confidentiality of
early warning information that would
not be resolved by the rulemaking on
the confidentiality of certain EWR data.
NHTSA estimates that it will receive
approximately 450 requests for
confidential treatment annually. This
figure is based on the average number of
requests received over the past three
years. We selected this period because
it provides an estimate based on
incoming requests for the most recent
three years and an estimate of the
number of requests relating to EWR
data. The agency estimates that the total
burden for this information collection
will be approximately 3600 hours,
which is based on the number of
requests (450) multiplied by the
estimated number of hours to prepare
each submission (8 hours).
Since nothing in the rule requires
those persons who request confidential
treatment pursuant to Part 512 to keep
copies of any records or requests
submitted to us, recordkeeping costs
imposed would be zero hours and zero
costs.
Authority: 44 U.S.C. 3506; delegation of
authority at 49 CFR 1.50.
Issued on: September 24, 2007.
Anthony M. Cooke,
Chief Counsel.
[FR Doc. E7–19122 Filed 9–26–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–28692]
Final Decision That Certain
Nonconforming Vehicles Are Eligible
for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Final decision that certain
nonconforming vehicles are eligible for
importation.
AGENCY:
SUMMARY: This document announces a
final decision by the National Highway
Traffic Safety Administration (NHTSA)
that certain vehicles that do not comply
with all applicable Federal motor
vehicle safety standards, but that are
certified by their original manufacturer
as complying with all applicable
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54976
Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices
Canadian motor vehicle safety
standards, are eligible for importation
into the United States. The vehicles in
question either (1) are substantially
similar to vehicles that were certified by
their manufacturers as complying with
the U.S. safety standards and are
capable of being readily altered to
conform to those standards, or (2) have
safety features that comply with, or are
capable of being altered to comply with,
all U.S. safety standards.
DATES: This decision is effective on
September 27, 2007.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
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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 (FMVSS) shall be refused
admission into the United States unless
NHTSA has decided, either pursuant to
a petition from the manufacturer or
registered importer or on its own
initiative, (1) that the nonconforming
motor vehicle is substantially similar to
a motor vehicle of the same model year
that was originally manufactured for
importation into and sale in the United
States and certified by its manufacturer
as complying with all applicable
FMVSS, and (2) that the nonconforming
motor vehicle 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
NHTSA decides that 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.
On August 14, 2007, NHTSA
published a notice in the Federal
Register at 72 FR 45488 announcing that
it had made a tentative decision that
certain motor vehicles that do not
comply with all applicable FMVSS, but
that are certified by their original
manufacturer as complying with all
applicable Canadian motor vehicle
safety standards, are eligible for
importation into the United States. The
notice identified these vehicles as:
(a) All passenger cars manufactured
on or after September 1, 2007, and
before September 1, 2008, that, as
originally manufactured, comply with
FMVSS Nos. 110, 118, 201, 208, 213,
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16:40 Sep 26, 2007
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214, 225, and 401, and, insofar as it is
applicable, with FMVSS No. 138;
(b) All passenger cars manufactured
on or after September 1, 2008 and before
September 1, 2011 that, as originally
manufactured, comply with FMVSS
Nos. 110, 118, 201, 202a, 206, 208, 213,
214, 225, and 401, and, insofar as it is
applicable, with FMVSS No. 138;
(c) All passenger cars manufactured
on or after September 1, 2011 and before
September 1, 2012 that, as originally
manufactured, comply with FMVSS
Nos. 110, 118, 126, 201, 202a, 206, 208,
213, 214, 225, and 401, and, insofar as
it is applicable, with FMVSS No. 138;
(d) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2007 and before September 1, 2008,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 208,
213, 214, and 216, and insofar as they
are applicable, with FMVSS Nos. 138
and 225;
(e) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2008 and before September 1, 2011,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 202a,
206, 208, 213, 214, and 216, and insofar
as they are applicable, with FMVSS
Nos. 138 and 225; and
(f) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2011 and before September 1, 2012,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 126, 201,
202a, 206, 208, 213, 214, and 216, and
insofar as they are applicable, with
FMVSS Nos. 138 and 225.
The reader is referred to the August
14 notice for a full discussion of the
factors leading to the tentative decision.
In accordance with 49 U.S.C. 30141(b),
the notice solicited public comments on
the tentative decision. No comments
were submitted in response to the
notice. Accordingly, we are adopting the
tentative decision as a final decision.
NHTSA has required Canadiancertified multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less to
be originally manufactured to comply
with FMVSS No. 202 Head Restraints
for those vehicles to be imported under
past eligibility decisions. The tentative
decision inadvertently omitted FMVSS
No. 202 from the list of standards that
multipurpose passenger vehicles,
trucks, and buses with a GVWR of 4,536
kg (10,000 lb) or less manufactured on
or after September 1, 2007 and before
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September 1, 2008 must be originally
manufactured to comply with to be
eligible for importation. That standard
has been restored to the list in this final
decision.
In addition, the final decision
identifies FMVSS No. 138 Tire Pressure
Monitoring Systems as a standard that
passenger cars manufactured on or after
September 1, 2007 must be originally
manufactured to comply with to be
eligible for importation. The tentative
decision stated that passenger cars
would be required to comply with that
standard ‘‘insofar as it is applicable.’’
The only such vehicles to which the
standard would not apply are those
‘‘with dual wheels on an axle.’’ See
paragraph S2 of the standard, at 49 CFR
571.138. Since NHTSA is not aware of
any passenger cars that are
manufactured with dual wheels on an
axle, the agency has eliminated this
conditional language in the final
decision.
Final Decision
In consideration of the foregoing, the
Administrator of NHTSA hereby
decides that:
(a) All passenger cars manufactured
on or after September 1, 2007, and
before September 1, 2008, that, as
originally manufactured, comply with
FMVSS Nos. 110, 118, 138, 201, 208,
213, 214, 225, and 401;
(b) All passenger cars manufactured
on or after September 1, 2008 and before
September 1, 2011 that, as originally
manufactured, comply with FMVSS
Nos. 110, 118, 138, 201, 202a, 206, 208,
213, 214, 225, and 401;
(c) All passenger cars manufactured
on or after September 1, 2011 and before
September 1, 2012 that, as originally
manufactured, comply with FMVSS
Nos. 110, 118, 126, 138, 201, 202a, 206,
208, 213, 214, 225, and 401;
(d) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2007 and before September 1, 2008,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 202,
208, 213, 214, and 216, and insofar as
they are applicable, with FMVSS Nos.
138 and 225;
(e) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2008 and before September 1, 2011,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 202a,
206, 208, 213, 214, and 216, and insofar
as they are applicable, with FMVSS
Nos. 138 and 225; and
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices
(f) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2011 and before September 1, 2012,
that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 126, 201,
202a, 206, 208, 213, 214, and 216, and
insofar as they are applicable, with
FMVSS Nos. 138 and 225,
that are certified by their original
manufacturer as complying with all
applicable Canadian motor vehicle
safety standards, are eligible for
importation into the United States on
the basis that either:
1. They are substantially similar to
vehicles of the same make, model, and
model year originally manufactured for
importation into and sale in the United
States, or originally manufactured in the
United States for sale therein, and
certified as complying with all
applicable FMVSS, and are capable of
being readily altered to conform to all
applicable FMVSS, or
2. They have safety features that
comply with, or are capable of being
altered to comply with, all applicable
FMVSS.
Vehicle Eligibility Number
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. All passenger cars
admissible under this decision are
eligible for entry under vehicle
eligibility number VSA–80, and all
multipurpose passenger vehicles,
trucks, and buses admissible under this
decision are eligible for entry under
vehicle eligibility number VSA–81.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B), and (b)(1); 49 CFR 593.8; delegation
of authority at 49 CFR 1.50.
Issued on: September 24, 2007.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. E7–19114 Filed 9–26–07; 8:45 am]
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BILLING CODE 4910–59–P
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Jkt 211001
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–55 (Sub–No. 684X)]
CSX Transportation, Inc.—
Abandonment Exemption—in Shelby
County, TN
CSX Transportation, Inc. (CSXT), has
filed a notice of exemption 1 under 49
CFR Part 1152 Subpart F—Exempt
Abandonments to abandon a 13.34-mile
rail line on CSXT’s Southern Region,
Nashville Division, Memphis Terminal
Subdivision, between milepost ONI
210.66 near Cordova and milepost ONI
224 in Memphis, known as the Cordova
Branch, in Shelby County, TN.2 The line
traverses United States Postal Service
Zip Codes 38016, 38018, 38111, 38112,
38117, 38120, 38122, and 38134.
CSXT has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) any overhead traffic on
the line can be rerouted over other lines;
(3) no formal complaint filed by a user
of rail service on the line (or by a state
or local government entity acting on
behalf of such user) regarding cessation
of service over the line either is pending
with the Surface Transportation Board
or with any U.S. District Court or has
been decided in favor of complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an OFA has been received,
1 In its verified notice of exemption, CSXT states
that the consummation date is October 10, 2007.
However, because CSXT sought withdrawal of its
notice on August 23, 2007, and then requested
reinstatement of the notice on September 7, 2007,
the filing date is considered to be September 7,
2007. Based on this filing date, the earliest date the
abandonment can be consummated is October 27,
2007 (the effective date of the exemption). CSXT
has been notified concerning this correction of the
consummation date.
2 By petition for exemption filed on August 21,
2007, and reinstated on September 7, 2007, CSXT
is seeking an exemption from the offer of financial
assistance (OFA) requirements of 49 U.S.C. 10904.
The merits of the petition will be addressed in a
separate decision.
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54977
this exemption will be effective on
October 27, 2007, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,3
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2), 4 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by October
9, 2007. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by October 17,
2007, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to CSXT’s
representative: Steven C. Armbrust, CSX
Transportation, Inc., 500 Water St., J–
150, Jacksonville, Florida 32202.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
CSXT has filed both an environmental
report and a historic report that address
the effects, if any, of the abandonment
on the environment and historic
resources. SEA will issue an
environmental assessment (EA) by
October 2, 2007. Interested persons may
obtain a copy of the EA by writing to
SEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling SEA, at (202)
245–0305. [Assistance for the hearing
impaired is available through the
Federal Information Relay Service
(FIRS) at 1–800–877–8339.] Comments
on environmental and historic
preservation matters must be filed
within 15 days after the EA becomes
available to the public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), CSXT shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
CSXT’s filing of a notice of
consummation by September 7, 2008,
and there are no legal or regulatory
barriers to consummation, the authority
to abandon will automatically expire.
3 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
4 Each OFA must be accompanied by the filing
fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25).
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]]>Agencies
[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19114]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28692]
Final Decision That Certain Nonconforming Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Final decision that certain nonconforming vehicles are eligible
for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces a final decision by the National
Highway Traffic Safety Administration (NHTSA) that certain vehicles
that do not comply with all applicable Federal motor vehicle safety
standards, but that are certified by their original manufacturer as
complying with all applicable
[[Page 54976]]
Canadian motor vehicle safety standards, are eligible for importation
into the United States. The vehicles in question either (1) are
substantially similar to vehicles that were certified by their
manufacturers as complying with the U.S. safety standards and are
capable of being readily altered to conform to those standards, or (2)
have safety features that comply with, or are capable of being altered
to comply with, all U.S. safety standards.
DATES: This decision is effective on September 27, 2007.
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 (FMVSS) shall be refused admission into the
United States unless NHTSA has decided, either pursuant to a petition
from the manufacturer or registered importer or on its own initiative,
(1) that the nonconforming motor vehicle is substantially similar to a
motor vehicle of the same model year that was originally manufactured
for importation into and sale in the United States and certified by its
manufacturer as complying with all applicable FMVSS, and (2) that the
nonconforming motor vehicle 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
NHTSA decides that 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.
On August 14, 2007, NHTSA published a notice in the Federal
Register at 72 FR 45488 announcing that it had made a tentative
decision that certain motor vehicles that do not comply with all
applicable FMVSS, but that are certified by their original manufacturer
as complying with all applicable Canadian motor vehicle safety
standards, are eligible for importation into the United States. The
notice identified these vehicles as:
(a) All passenger cars manufactured on or after September 1, 2007,
and before September 1, 2008, that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 208, 213, 214, 225, and 401, and,
insofar as it is applicable, with FMVSS No. 138;
(b) All passenger cars manufactured on or after September 1, 2008
and before September 1, 2011 that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, 225, and 401,
and, insofar as it is applicable, with FMVSS No. 138;
(c) All passenger cars manufactured on or after September 1, 2011
and before September 1, 2012 that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, 225, and
401, and, insofar as it is applicable, with FMVSS No. 138;
(d) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2007 and before September 1, 2008, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 201, 208, 213, 214, and 216, and
insofar as they are applicable, with FMVSS Nos. 138 and 225;
(e) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2008 and before September 1, 2011, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and
216, and insofar as they are applicable, with FMVSS Nos. 138 and 225;
and
(f) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2011 and before September 1, 2012, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214,
and 216, and insofar as they are applicable, with FMVSS Nos. 138 and
225.
The reader is referred to the August 14 notice for a full
discussion of the factors leading to the tentative decision. In
accordance with 49 U.S.C. 30141(b), the notice solicited public
comments on the tentative decision. No comments were submitted in
response to the notice. Accordingly, we are adopting the tentative
decision as a final decision.
NHTSA has required Canadian-certified multipurpose passenger
vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less
to be originally manufactured to comply with FMVSS No. 202 Head
Restraints for those vehicles to be imported under past eligibility
decisions. The tentative decision inadvertently omitted FMVSS No. 202
from the list of standards that multipurpose passenger vehicles,
trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1, 2007 and before September 1, 2008
must be originally manufactured to comply with to be eligible for
importation. That standard has been restored to the list in this final
decision.
In addition, the final decision identifies FMVSS No. 138 Tire
Pressure Monitoring Systems as a standard that passenger cars
manufactured on or after September 1, 2007 must be originally
manufactured to comply with to be eligible for importation. The
tentative decision stated that passenger cars would be required to
comply with that standard ``insofar as it is applicable.'' The only
such vehicles to which the standard would not apply are those ``with
dual wheels on an axle.'' See paragraph S2 of the standard, at 49 CFR
571.138. Since NHTSA is not aware of any passenger cars that are
manufactured with dual wheels on an axle, the agency has eliminated
this conditional language in the final decision.
Final Decision
In consideration of the foregoing, the Administrator of NHTSA
hereby decides that:
(a) All passenger cars manufactured on or after September 1, 2007,
and before September 1, 2008, that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401;
(b) All passenger cars manufactured on or after September 1, 2008
and before September 1, 2011 that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and
401;
(c) All passenger cars manufactured on or after September 1, 2011
and before September 1, 2012 that, as originally manufactured, comply
with FMVSS Nos. 110, 118, 126, 138, 201, 202a, 206, 208, 213, 214, 225,
and 401;
(d) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2007 and before September 1, 2008, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and
insofar as they are applicable, with FMVSS Nos. 138 and 225;
(e) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2008 and before September 1, 2011, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and
216, and insofar as they are applicable, with FMVSS Nos. 138 and 225;
and
[[Page 54977]]
(f) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September
1, 2011 and before September 1, 2012, that, as originally manufactured,
comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214,
and 216, and insofar as they are applicable, with FMVSS Nos. 138 and
225,
that are certified by their original manufacturer as complying with all
applicable Canadian motor vehicle safety standards, are eligible for
importation into the United States on the basis that either:
1. They are substantially similar to vehicles of the same make,
model, and model year originally manufactured for importation into and
sale in the United States, or originally manufactured in the United
States for sale therein, and certified as complying with all applicable
FMVSS, and are capable of being readily altered to conform to all
applicable FMVSS, or
2. They have safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS.
Vehicle Eligibility Number
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.
All passenger cars admissible under this decision are eligible for
entry under vehicle eligibility number VSA-80, and all multipurpose
passenger vehicles, trucks, and buses admissible under this decision
are eligible for entry under vehicle eligibility number VSA-81.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.8; delegation of authority at 49 CFR 1.50.
Issued on: September 24, 2007.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E7-19114 Filed 9-26-07; 8:45 am]
BILLING CODE 4910-59-P
