Decision That Nonconforming 1999-2000 Hatty 45 Foot Double-Axle Trailers Are Eligible for Importation, 59585-59586 [E7-20772]

Download as PDF ebenthall on PRODPC61 with NOTICES Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Notices 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: 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 (65 FR 19477–78) or you may visit http:// DocketInfo.dot.gov. How To Read Comments Submitted to the Docket: You may read the comments received by Docket Management at the address and times given above. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps: (1) Go to the Federal Docket Management System (FDMS) Web page http://www.regulations.gov. (2) On that page, click on ‘‘search for dockets.’’ (3) On the next page (http:// www.regulations.gov/fdmspublic/ component/main), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION from the dropdown menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select ‘‘Nonrulemaking’’ from the dropdown menu in the Type field and ‘‘Vehicle Import Eligibility’’ in the dropdown menu in the Sub-Type field. (4) After entering that information, click on ‘‘submit.’’ (5) The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the ‘‘pdf’’ versions of the documents are word searchable. Please note that even after the comment closing date, we will VerDate Aug<31>2005 15:02 Oct 19, 2007 Jkt 214001 continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. 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 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. J.K. Technologies, LLC, of Baltimore, Maryland (‘‘J.K.’’) (Registered Importer 90–006) has petitioned NHTSA to decide whether non-U.S. certified 1988 Ducati 851 motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 1988 Ducati 851 motorcycles that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 1988 Ducati 851 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 1988 Ducati 851 motorcycles, as originally manufactured, conform to many FMVSS in the same manner as their U.S. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 59585 certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 1988 Ducati 851 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 Brake Hoses, 111 Rearview Mirrors, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, 120 Tire Selection and Rims for Vehicles other than Passenger Cars, 122 Motorcycle Brake Systems, and 123 Motorcycle Controls and Displays. The petitioner further contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated below: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.-certified headlamps. Standard No. 205 Glazing Materials: Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. 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: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–20768 Filed 10–19–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26357; Notice 2] Decision That Nonconforming 1999– 2000 Hatty 45 Foot Double-Axle Trailers Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of decision by National Highway Traffic Safety Administration that nonconforming 1999–2000 Hatty 45 foot double-axle trailers are eligible for importation. AGENCY: E:\FR\FM\22OCN1.SGM 22OCN1 59586 Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Notices ebenthall on PRODPC61 with NOTICES SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 1999–2000 Hatty 45 foot double-axle trailers 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 they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. DATES: This decision was effective April 19, 2007. The agency notified the petitioner at that time that the petition had been granted. This document provides public notice of that decision. 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. Barry Taylor Enterprises of Richmond, California (BTE)(Registered VerDate Aug<31>2005 15:02 Oct 19, 2007 Jkt 214001 Importer 01–280) petitioned NHTSA to decide whether 1999–2000 Hatty 45 foot double-axle trailers are eligible for importation into the United States. NHTSA published notice of petition on November 21, 2006 (71 FR 67424) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. Comments were received in response to the notice of the petition from ArvinMeritor, Inc., d.b.a. Meritor WABCO (WABCO), the manufacturer of the ABS braking system components installed on the subject vehicles. WABCO stated that the purpose for its comments are; to provide detailed information about the capabilities of the ABS system installed on the subject vehicles and to describe differences between that system and those installed in typical U.S. conforming vehicles regarding the activation signal and control system programming for the lamp check function of the antilock malfunction indicator lamp (required by paragraph S5.2.3.3 of FMVSS No. 121 Air Brake Systems). In its review of the petition, NHTSA found insufficient data, views, and arguments for it to make a determination as to conformity of the subject vehicles with FMVSS No. 223, Rear Impact Guards and FMVSS No. 224, Rear Impact Protection. As a result, NHTSA requested that BTE provide test data demonstrating that the rear impact guards originally installed on the subject trailers met or were capable of being altered to meet the requirements of FMVSS Nos. 223 and 224. BTE responded by stating that it had been unable to obtain the necessary test documentation. As an alternative to providing the test data, BTE proposed that conformance could be achieved by installing a replacement rear impact guard that was certified by its manufacturer as conforming to all applicable requirements of FMVSS No. 223, provided that it was installed as required by FMVSS No. 224. NHTSA’s Analysis: After reviewing the petition as well as the supplemental information received from both BTE and WABCO, NHTSA determined that the subject vehicles were capable of being altered to conform with all applicable safety standards. However, the agency concluded that the RI must demonstrate, in the conformity statement submitted for any vehicle imported under this eligibility decision, that the following modifications, in addition to those included in the instant petition, have been made: Standard No. 121 Air Brake Systems: inspection of the vehicles and rewiring PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 and/or reprogramming of the ABS brake control system to ensure that the antilock malfunction indicator lamp functions as required by the standard. Standard No. 223, Rear Impact Guards: installation of a rear impact guard that is certified as conforming to the requirements of FMVSS No. 223. Standard No. 224, Rear Impact Protection: installation of a rear impact guard that is certified as conforming to the requirements of FMVSS No. 223 in a manner that meets the requirements of FMVSS No. 224. Based on these considerations, the agency decided to grant this petition. Final Decision Accordingly, on the basis of the foregoing, NHTSA has decided that 1999–2000 Hatty 45 foot double-axle trailers that were not originally manufactured to comply with all applicable FMVSS have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. 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. VCP–38 is the vehicle eligibility number assigned to vehicles admissible under this notice of final decision. Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: October 16, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–20772 Filed 10–19–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–0004] Notice of Receipt of Petition for Decision That Nonconforming 1999– 2007 Yamaha Drag Star 1100 Motorcycles Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1999–2007 Yamaha Drag Star 1100 motorcycles are eligible for importation. AGENCY: E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 72, Number 203 (Monday, October 22, 2007)]
[Notices]
[Pages 59585-59586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20772]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26357; Notice 2]


Decision That Nonconforming 1999-2000 Hatty 45 Foot Double-Axle 
Trailers Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 1999-2000 Hatty 45 foot double-axle 
trailers are eligible for importation.

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[[Page 59586]]

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 1999-2000 Hatty 45 
foot double-axle trailers 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 
they have safety features that comply with, or are capable of being 
altered to comply with, all applicable FMVSS.

DATES: This decision was effective April 19, 2007. The agency notified 
the petitioner at that time that the petition had been granted. This 
document provides public notice of that decision.

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.
    Barry Taylor Enterprises of Richmond, California (BTE)(Registered 
Importer 01-280) petitioned NHTSA to decide whether 1999-2000 Hatty 45 
foot double-axle trailers are eligible for importation into the United 
States. NHTSA published notice of petition on November 21, 2006 (71 FR 
67424) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition.
    Comments were received in response to the notice of the petition 
from ArvinMeritor, Inc., d.b.a. Meritor WABCO (WABCO), the manufacturer 
of the ABS braking system components installed on the subject vehicles. 
WABCO stated that the purpose for its comments are; to provide detailed 
information about the capabilities of the ABS system installed on the 
subject vehicles and to describe differences between that system and 
those installed in typical U.S. conforming vehicles regarding the 
activation signal and control system programming for the lamp check 
function of the antilock malfunction indicator lamp (required by 
paragraph S5.2.3.3 of FMVSS No. 121 Air Brake Systems).
    In its review of the petition, NHTSA found insufficient data, 
views, and arguments for it to make a determination as to conformity of 
the subject vehicles with FMVSS No. 223, Rear Impact Guards and FMVSS 
No. 224, Rear Impact Protection. As a result, NHTSA requested that BTE 
provide test data demonstrating that the rear impact guards originally 
installed on the subject trailers met or were capable of being altered 
to meet the requirements of FMVSS Nos. 223 and 224. BTE responded by 
stating that it had been unable to obtain the necessary test 
documentation. As an alternative to providing the test data, BTE 
proposed that conformance could be achieved by installing a replacement 
rear impact guard that was certified by its manufacturer as conforming 
to all applicable requirements of FMVSS No. 223, provided that it was 
installed as required by FMVSS No. 224.
    NHTSA's Analysis: After reviewing the petition as well as the 
supplemental information received from both BTE and WABCO, NHTSA 
determined that the subject vehicles were capable of being altered to 
conform with all applicable safety standards. However, the agency 
concluded that the RI must demonstrate, in the conformity statement 
submitted for any vehicle imported under this eligibility decision, 
that the following modifications, in addition to those included in the 
instant petition, have been made:
    Standard No. 121 Air Brake Systems: inspection of the vehicles and 
rewiring and/or reprogramming of the ABS brake control system to ensure 
that the antilock malfunction indicator lamp functions as required by 
the standard.
    Standard No. 223, Rear Impact Guards: installation of a rear impact 
guard that is certified as conforming to the requirements of FMVSS No. 
223.
    Standard No. 224, Rear Impact Protection: installation of a rear 
impact guard that is certified as conforming to the requirements of 
FMVSS No. 223 in a manner that meets the requirements of FMVSS No. 224.
    Based on these considerations, the agency decided to grant this 
petition.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA has decided that 
1999-2000 Hatty 45 foot double-axle trailers that were not originally 
manufactured to comply with all applicable FMVSS have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable FMVSS.

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. 
VCP-38 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: October 16, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-20772 Filed 10-19-07; 8:45 am]
BILLING CODE 4910-59-P