Decision that Certain Nonconforming Motor Vehicles are Eligible for Importation, 15834-15835 [E8-6074]

Download as PDF mstockstill on PROD1PC66 with NOTICES 15834 Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Notices locomotives. Specifically, RVPR has petitioned FRA for a waiver for three (3) 60-ton 500 horsepower diesel electric locomotives numbered 4029, 1251, and 1273. These locomotives were built for the Department of Defense (DoD) by Baldwin-Lima-Hamilton in 1953–54, and remanufactured by DoD circa 1987– 90. RVPR operates these locomotives on a terminal/switching railroad at the former Savanna [IL] Army Ordnance Depot, presently controlled by the Jo Daviess/Carroll County Local Redevelopment Authority. RVPR operates at speeds of 10 miles per hour (or less) storing cars for customers, and servicing a railcar repair facility. RVPR states that all adjoining land to the railroad is controlled by itself, or privately owned and access controlled. All trackage is enclosed, and there are no overhead structures or bridges from where objects could be thrown. Interchange to the general system is accomplished with BNSF Railway on five interchange tracks at Robinson Spur, Illinois. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2008– 0028) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for VerDate Aug<31>2005 18:33 Mar 24, 2008 Jkt 214001 inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and 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). Issued in Washington, DC, on March 19, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–6006 Filed 3–24–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0052] Decision that Certain Nonconforming Motor Vehicles are Eligible for Importation National Highway Traffic Safety Administration (NHTSA), Department of Transportation. AGENCY: Notice of decision by NHTSA that certain nonconforming motor vehicles are eligible for importation. ACTION: 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. These decisions became effective on the dates specified in Annex A. DATES: FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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. 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 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Notices 4. Docket No. NHTSA–2007–28264 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. Nonconforming Vehicles: 2003 Kawasaki VN1500–P1/P2 Motorcycle. Substantially Similar U.S. Certified Vehicles: 2003 Kawasaki VN1500–P1/P2 Motorcycle. Notice of Petition Published at: 72 FR 30429 (May 31, 2007). Vehicle Eligibility Number: VSP–492 (effective date July 11, 2007). 5. Docket No. NHTSA–2007–28531 Nonconforming Vehicles: 2004 Hyundai XG350 Passenger Car. Substantially Similar U.S. Certified Vehicles: 2004 Hyundai XG350 Passenger Car. Notice of Petition Published at: 72 FR 35541 (June 28, 2007). Vehicle Eligibility Number: VSP–494 (effective date August 14, 2007). 6. Docket No. NHTSA–2007–0006 Nonconforming Motor Vehicles Decided to be Eligible for Importation Nonconforming Vehicles: 2000–2001 Moto Guzzi California Motorcycles. Substantially Similar U.S. Certified Vehicles: 2000–2001 Moto Guzzi California Motorcycles. Notice of Petition Published at: 72 FR 59591 (October 22, 2007). Vehicle Eligibility Number: VSP–495 (effective date November 28, 2007). 1. Docket No. NHTSA–2007–28262 7. Docket No. NHTSA–2007–0005 Nonconforming Vehicles: 2005 Honda CR–V Multipurpose Passenger Vehicle. Substantially Similar U.S. Certified Vehicles: 2005 Honda CR–V Multipurpose Passenger Vehicle. Notice of Petition Published at: 72 FR 30428 (May 31, 2007). Vehicle Eligibility Number: VSP–489 (effective date July 11, 2007). Nonconforming Vehicles: 2004–2005 Vespa LX and PX Model Motorcycles. Substantially Similar U.S. Certified Vehicles: 2004–2005 Vespa LX and PX Model Motorcycles. Notice of Petition Published at: 72 FR 59588 (October 22, 2007). Vehicle Eligibility Number: VSP–496 (effective date November 28, 2007). 2. Docket No. NHTSA–2007–28261 8. Docket No. NHTSA–2007–0004 Issued on: March 19, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. Annex A Nonconforming Vehicles: 1986–1987 Volkswagen Transporter Multipurpose Passenger Vehicle. Substantially Similar U.S. Certified Vehicles: 1986–1987 Volkswagen Vanagon Multipurpose Passenger Vehicle. Notice of Petition Published at: 72 FR 30424 (May 31, 2007). Vehicle Eligibility Number: VSP–490 (effective date July 11, 2007). mstockstill on PROD1PC66 with NOTICES 3. Docket No. NHTSA–2007–28263 Nonconforming Vehicles: 2006 Harley Davidson FX, FL, & XL Motorcycle Substantially Similar U.S. Certified Vehicles: 2006 Harley Davidson FX, FL, & XL Motorcycle. Notice of Petition Published at: 72 FR 30425 (May 31, 2007). Vehicle Eligibility Number: VSP–491 (effective date July 11, 2007). VerDate Aug<31>2005 18:33 Mar 24, 2008 Jkt 214001 Nonconforming Vehicles: 1999–2007 Yamaha Drag Star 1100 Motorcycles. Substantially Similar U.S. Certified Vehicles: 1999–2007 Yamaha V Star 1100 Motorcycles. Notice of Petition Published at: 72 FR 59586 (October 22, 2007). Vehicle Eligibility Number: VSP–497 (effective date November 28, 2007). 9. Docket No. NHTSA–2007–0007 Nonconforming Vehicles: 1988 Ducati 851 Motorcycles. Substantially Similar U.S. Certified Vehicles: 1988 Ducati 851 Motorcycles. Notice of Petition Published at: 72 FR 59584 (October 22, 2007). Vehicle Eligibility Number: VSP–498 (effective date November 28, 2007). 10. Docket No. NHTSA–2007–0009 Nonconforming Vehicles: 2007 Harley Davidson FXSTC Soft Tail Custom Motorcycles. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 15835 Substantially Similar U.S. Certified Vehicles: 2007 Harley Davidson FXSTC Soft Tail Custom Motorcycles. Notice of Petition Published at: 72 FR 59590 (October 22, 2007). Vehicle Eligibility Number: VSP–499 (effective date November 28, 2007). 11. Docket No. NHTSA–2007–0008 Nonconforming Vehicles: 1993 Ducati 888 Motorcycles. Substantially Similar U.S. Certified Vehicles: 1993 Ducati 888 Motorcycles. Notice of Petition Published at: 72 FR 59589 (October 22, 2007). Vehicle Eligibility Number: VSP–500 (effective date November 28, 2007). 12. Docket No. NHTSA–2007–0036 Nonconforming Vehicles: 1992 Alfa Romeo Spyder Passenger Cars. Substantially Similar U.S. Certified Vehicles: 1992 Alfa Romeo Spyder Passenger Cars. Notice of Petition Published at: 72 FR 65833 (November 23, 2007). Vehicle Eligibility Number: VSP–503 (effective date January 16, 2008). 13. Docket No. NHTSA–2007–0021 Nonconforming Vehicles: 2000–2003 BMW C1 Motorcycles. Because there are no substantially similar U.S.-certified version 2000–2003 BMW C1 Motorcycles, the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 72 FR 63652 (November 9, 2007). Vehicle Eligibility Number: VCP–40 (effective date January 16, 2008). [FR Doc. E8–6074 Filed 3–24–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0048; Notice 1] Hyundai Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance Hyundai Motor Company (Hyundai), has determined that certain vehicles that it manufactured during the period beginning July 14, 2006 through November 23, 2007, did not fully comply with paragraph S9.5 of 49 CFR 571.225 (Federal Motor Vehicle Safety Standards (FMVSS) No. 225 Child Restraint Anchorage Systems. Hyundai has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Notices]
[Pages 15834-15835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6074]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0052]


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/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.
    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

[[Page 15835]]

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: March 19, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

Annex A

Nonconforming Motor Vehicles Decided to be Eligible for Importation

1. Docket No. NHTSA-2007-28262

    Nonconforming Vehicles: 2005 Honda CR-V Multipurpose Passenger 
Vehicle.
    Substantially Similar U.S. Certified Vehicles: 2005 Honda CR-V 
Multipurpose Passenger Vehicle.
    Notice of Petition Published at: 72 FR 30428 (May 31, 2007).
    Vehicle Eligibility Number: VSP-489 (effective date July 11, 2007).

2. Docket No. NHTSA-2007-28261

    Nonconforming Vehicles: 1986-1987 Volkswagen Transporter 
Multipurpose Passenger Vehicle.
    Substantially Similar U.S. Certified Vehicles: 1986-1987 Volkswagen 
Vanagon Multipurpose Passenger Vehicle.
    Notice of Petition Published at: 72 FR 30424 (May 31, 2007).
    Vehicle Eligibility Number: VSP-490 (effective date July 11, 2007).

3. Docket No. NHTSA-2007-28263

    Nonconforming Vehicles: 2006 Harley Davidson FX, FL, & XL 
Motorcycle
    Substantially Similar U.S. Certified Vehicles: 2006 Harley Davidson 
FX, FL, & XL Motorcycle.
    Notice of Petition Published at: 72 FR 30425 (May 31, 2007).
    Vehicle Eligibility Number: VSP-491 (effective date July 11, 2007).

4. Docket No. NHTSA-2007-28264

    Nonconforming Vehicles: 2003 Kawasaki VN1500-P1/P2 Motorcycle.
    Substantially Similar U.S. Certified Vehicles: 2003 Kawasaki 
VN1500-P1/P2 Motorcycle.
    Notice of Petition Published at: 72 FR 30429 (May 31, 2007).
    Vehicle Eligibility Number: VSP-492 (effective date July 11, 2007).

5. Docket No. NHTSA-2007-28531

    Nonconforming Vehicles: 2004 Hyundai XG350 Passenger Car.
    Substantially Similar U.S. Certified Vehicles: 2004 Hyundai XG350 
Passenger Car.
    Notice of Petition Published at: 72 FR 35541 (June 28, 2007).
    Vehicle Eligibility Number: VSP-494 (effective date August 14, 
2007).

6. Docket No. NHTSA-2007-0006

    Nonconforming Vehicles: 2000-2001 Moto Guzzi California 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2000-2001 Moto Guzzi 
California Motorcycles.
    Notice of Petition Published at: 72 FR 59591 (October 22, 2007).
    Vehicle Eligibility Number: VSP-495 (effective date November 28, 
2007).

7. Docket No. NHTSA-2007-0005

    Nonconforming Vehicles: 2004-2005 Vespa LX and PX Model 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2004-2005 Vespa LX 
and PX Model Motorcycles.
    Notice of Petition Published at: 72 FR 59588 (October 22, 2007).
    Vehicle Eligibility Number: VSP-496 (effective date November 28, 
2007).

8. Docket No. NHTSA-2007-0004

    Nonconforming Vehicles: 1999-2007 Yamaha Drag Star 1100 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1999-2007 Yamaha V 
Star 1100 Motorcycles.
    Notice of Petition Published at: 72 FR 59586 (October 22, 2007).
    Vehicle Eligibility Number: VSP-497 (effective date November 28, 
2007).

9. Docket No. NHTSA-2007-0007

    Nonconforming Vehicles: 1988 Ducati 851 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1988 Ducati 851 
Motorcycles.
    Notice of Petition Published at: 72 FR 59584 (October 22, 2007).
    Vehicle Eligibility Number: VSP-498 (effective date November 28, 
2007).

10. Docket No. NHTSA-2007-0009

    Nonconforming Vehicles: 2007 Harley Davidson FXSTC Soft Tail Custom 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2007 Harley Davidson 
FXSTC Soft Tail Custom Motorcycles.
    Notice of Petition Published at: 72 FR 59590 (October 22, 2007).
    Vehicle Eligibility Number: VSP-499 (effective date November 28, 
2007).

11. Docket No. NHTSA-2007-0008

    Nonconforming Vehicles: 1993 Ducati 888 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1993 Ducati 888 
Motorcycles.
    Notice of Petition Published at: 72 FR 59589 (October 22, 2007).
    Vehicle Eligibility Number: VSP-500 (effective date November 28, 
2007).

12. Docket No. NHTSA-2007-0036

    Nonconforming Vehicles: 1992 Alfa Romeo Spyder Passenger Cars.
    Substantially Similar U.S. Certified Vehicles: 1992 Alfa Romeo 
Spyder Passenger Cars.
    Notice of Petition Published at: 72 FR 65833 (November 23, 2007).
    Vehicle Eligibility Number: VSP-503 (effective date January 16, 
2008).

13. Docket No. NHTSA-2007-0021

    Nonconforming Vehicles: 2000-2003 BMW C1 Motorcycles. Because there 
are no substantially similar U.S.-certified version 2000-2003 BMW C1 
Motorcycles, the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
    Notice of Petition Published at: 72 FR 63652 (November 9, 2007).
    Vehicle Eligibility Number: VCP-40 (effective date January 16, 
2008).

[FR Doc. E8-6074 Filed 3-24-08; 8:45 am]
BILLING CODE 4910-59-P

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