Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation, 42153-42155 [2013-16792]
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Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
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 (Volume
65, Number 70; Pages 19477–78).
Dated: July 9, 2013.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–16890 Filed 7–12–13; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2013–0081]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
COMPASS ROSE; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
August 14, 2013.
ADDRESSES: Comments should refer to
docket number MARAD–2013–0081.
Written comments may be submitted by
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:53 Jul 12, 2013
Jkt 229001
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email
Linda.Williams@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel COMPASS ROSE
is:
Intended Commercial Use Of Vessel:
‘‘Sailboat charters six passengers or
less’’.
Geographic Region: ‘‘Maine, New
Hampshire, Massachusetts, Rhode
Island, Connecticut, New York, New
Jersey, Pennsylvania, Delaware,
Maryland, District of Columbia,
Virginia, North Carolina, South
Carolina, Georgia, Florida’’.
The complete application is given in
DOT docket MARAD–2013–0081 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
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
PO 00000
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42153
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).
By Order of the Maritime Administrator.
Dated: July 8, 2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–16892 Filed 7–12–13; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0074]
Decision That Certain Nonconforming
Motor Vehicles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of petitions.
AGENCY:
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 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:
SUMMARY:
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
E:\FR\FM\15JYN1.SGM
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42154
Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices
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.
Comments: No substantive comments
were received in response to 16 of the
17 petitions identified in Appendix A.
In response to the remaining petition,
which covers 2004 model year Ford F–
150 Crew Cab trucks that were
manufactured for the Mexican Market
(Docket No NHTSA–2012–0162), the
Ford Motor Company stated in pertinent
part:
tkelley on DSK3SPTVN1PROD with NOTICES
Vehicles that are designed and
manufactured for export to markets outside
of the United States are not necessarily tested
for compliance to all FMVSS requirements,
unless the particular export markets have
entirely equivalent safety standards.
Therefore, Ford can neither confirm nor deny
that a 2004 F–150 Crew Cab manufactured
for sale in the Mexican Market would have
complied with FMVSS No. 208 at the time
it was manufactured.
The petitioner, Mesa Auto
Wholesalers, responded in pertinent
part:
We at Mesa auto wholesalers have
carefully looked at both a 2004 Ford F–150
that was sold for the American market and
the subject vehicle, in our research we
discovered that both vehicles were exactly
the same and therefore conformed to the
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18:53 Jul 12, 2013
Jkt 229001
standard FMVSS No. 208 both units had
factory installed airbags and seatbelts for all
seating positions including outward and
center seat positions in both the front seat
and the rear seat.
NHTSA believes this response fully
addresses the comment. The agency also
notes that the comment lacks sufficient
specificity to provide a basis for the
denial of the petition.
NHTSA 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
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 has safety features
that comply with, or are capable of
being altered to comply with, all
applicable Federal Motor Vehicle Safety
Standards.
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.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
of authority at 49 CFR 1.50 and 501.7.
Issued on: July 2, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
Annex A—Nonconforming Motor
Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA–2013–0032
Nonconforming Vehicles: 2005, 2006 & 2007
BMW 5 Series Passenger Cars
Manufactured before September 1, 2006
Substantially Similar U.S. Certified Vehicles:
2005, 2006 & 2007 BMW 5 Series
Passenger Cars Manufactured before
September 1, 2006
Notice of Petition
Published at: 78 FR 24463 (April 25, 2013)
Vehicle Eligibility Number: VSP–555
(effective date June 7, 2013)
2. Docket No. NHTSA–2013–0031
Nonconforming Vehicles: 1991 Volkswagen
Transporter Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles:
1991 Volkswagen Transporter
Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 22944 (April 17, 2013)
Vehicle Eligibility Number: VSP–554
(effective date June 7, 2013)
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3. Docket No. NHTSA–2013–0022
Nonconforming Vehicles: 2010 BMW Z4
Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2010 BMW Z4 Passenger Cars
Notice of Petition
Published at: 78 FR 20385 (April 4, 2013)
Vehicle Eligibility Number: VSP–553
(effective date May 28, 2013)
4. Docket No. NHTSA–2013–0015
Nonconforming Vehicles: 2012 Porsche GT3
RS Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2012 Porsche GT3 RS Passenger Cars
Notice of Petition
Published at: 78 FR 20386 (April 4, 2013)
Vehicle Eligibility Number: VSP–552
(effective date May 21, 2013)
5. Docket No. NHTSA–2012–0164
Nonconforming Vehicles: 2007 Ford Escape
Multipurpose Passenger Vehicles
Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles:
Ford Escape Multipurpose Passenger
Vehicles
Notice of Petition
Published at: 78 FR 20388 (April 4, 2013)
Vehicle Eligibility Number: VSP–551
(effective date May 20, 2013)
6. Docket No. NHTSA–2013–0016
Nonconforming Vehicles: 1992, 1993 & 1994
BMW 3 Series Passenger Cars
Substantially Similar U.S. Certified Vehicles:
1992, 1993 & 1994 BMW 3 Series
Passenger Cars
Notice of Petition
Published at: 78 FR 19364 (March 29,
2013)
Vehicle Eligibility Number: VSP–550
(effective date May 6, 2013)
7. Docket No. NHTSA–2013–0012
Nonconforming Vehicles: 2005 MercedesBenz G Class (463 chassis) LongWheelbase (LWB) Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles:
2005 Mercedes-Benz G Class (463
chassis) Long-Wheelbase (LWB)
Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 10686 (February 14,
2013)
Vehicle Eligibility Number: VSP–549
(effective date April 22, 2013)
8. Docket No. NHTSA–2012–0162
Nonconforming Vehicles: 2004 Ford F–150
Crew Cab Trucks Manufactured for the
Mexican Market
Substantially Similar U.S. Certified Vehicles:
2004 Ford F–150 Crew Cab Trucks
Notice of Petition
Published at: 78 FR 13754 (February 28,
2013)
Vehicle Eligibility Number: VSP–548
(effective date April 17, 2013)
9. Docket No. NHTSA–2012–0161
Nonconforming Vehicles: 2003 Jeep Wrangler
Multipurpose Passenger Vehicles
Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles:
2003 Jeep Wrangler Multipurpose
E:\FR\FM\15JYN1.SGM
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Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Notices
Passenger Vehicles
Notice of Petition
Published at: 78 FR 13755 (February 28,
2013)
Vehicle Eligibility Number: VSP–547
(effective date April 17, 2013)
10. Docket No. NHTSA–2013–0014
Nonconforming Vehicles: 1992 Porsche
Carrera (964 Series) Passenger Cars
Substantially Similar U.S. Certified Vehicles:
1992 Porsche Carrera (964 Series)
Passenger Cars
Notice of Petition
Published at: 78 FR 10687 (February 14,
2013)
Vehicle Eligibility Number: VSP–546
(effective date March 26, 2013)
11. Docket No. NHTSA–2012–0163
Nonconforming Vehicles: 2005 Ferrari 612
Scaglietti Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2005 Ferrari 612 Scaglietti Passenger
Cars
Notice of Petition
Published at: 77 FR 76599 (December 28,
2012)
Vehicle Eligibility Number: VSP–545
(effective date February 12, 2013)
12. Docket No. NHTSA–2012–0151
Nonconforming Vehicles: 2007 Chevrolet
Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2007 Chevrolet Corvette Passenger Cars
Notice of Petition
Published at: 77 FR 69539 (November 19,
2012)
Vehicle Eligibility Number: VSP–544
(effective date January 16, 2013)
13. Docket No. NHTSA–2012–0150
Nonconforming Vehicles: 2009 Porsche
Cayenne S Multipurpose Passenger
Vehicles
Substantially Similar U.S. Certified Vehicles:
2009 Porsche Cayenne S Multipurpose
Passenger Vehicles
Notice of Petition
Published at: 77 FR 67732 (November 13,
2012)
Vehicle Eligibility Number: VSP–543
(effective date January 16, 2013)
tkelley on DSK3SPTVN1PROD with NOTICES
14. Docket No. NHTSA–2012–0160
Nonconforming Vehicles: 2009 Porsche 911
(997) Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2009 Porsche 911 (997) passenger cars
Notice of Petition
Published at: 77 FR 70541 (November 26,
2012)
Vehicle Eligibility Number: VSP–542
(effective date January 16, 2013)
15. Docket No. NHTSA–2012–0095
Nonconforming Vehicles: 2005 Chevrolet
Suburban Multipurpose Passenger
Vehicles
Substantially Similar U.S. Certified Vehicles:
2005 Chevrolet Suburban Multipurpose
Passenger Vehicles
Notice of Petition
Published at: 77 FR 46803 (August 6, 2012)
Vehicle Eligibility Number: VSP–541
(effective date November 27, 2012)
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18:53 Jul 12, 2013
Jkt 229001
16. Docket No. NHTSA–2013–0035
Nonconforming Vehicles: 2011 Thule 3008
BL Boat Trailer
Because there are no substantially similar
U.S.-certified version 2011 Thule 3008
BL Boat Trailer the petitioner sought
import eligibility under 49 U.S.C.
30141(a)(1)(B).
Notice of Petition:
Published at: 78 FR 24464 (April 25, 2013)
Vehicle Eligibility Number: VCP–52
(effective date June 7, 2013)
17. Docket No. NHTSA–2012–0148
Nonconforming Vehicles: 1991 MercedesBenz G Class (463 chassis) Multipurpose
Passenger Vehicles
Because there are no substantially similar
U.S.-certified version 1991 MercedesBenz G Class (463 chassis) Multipurpose
Passenger Vehicles the petitioner sought
import eligibility under 49 U.S.C.
30141(a)(1)(B).
Notice of Petition
Published at: 77 FR 65444 (October 26,
2012)
Vehicle Eligibility Number: VCP–51
(effective date December 11, 2012)
[FR Doc. 2013–16792 Filed 7–12–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0145; Notice 1]
BHC Investment Corporation, Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Receipt of petition.
AGENCY:
BHC Investment Corporation
(BHC) 1 has determined that certain
‘‘Choice’’ brand reflective warning
triangles that BHC distributed to its
dealers from June 2011 to August 27,
2012, do not fully comply with
paragraph S5.2.3 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
125 Warning Devices. BHC has filed an
appropriate report dated August 30,
2012, 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
CFR part 556), BHC submitted a petition
for an exemption from the notification
and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
SUMMARY:
1 BHC Investment Corporation is registered under
the laws of the state of Delaware, and as the
importer of record for the subject noncompliant
equipment is treated as a manufacturer of motor
vehicle equipment with respect to the subject
petition.
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42155
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of BHC’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
Equipment Involved: Affected are
approximately 13,305 ‘‘Choice’’ brand
reflective warning triangle kits. Each kit
includes three warning devices for a
total of 39,915 devices. The affected kits
were manufactured by Torch Industrial
Company, LTD (TORCH) in its plant
located in Fujin, China. The affected
kits were imported to and distributed in
the United States from June 2011 to
August 27, 2012 by BHC.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore,
these provisions only apply to the
39,915 2 warning devices that BHC no
longer controlled at the time it
determined that the noncompliance
existed.
Ruled Text: Paragraph S5.2.3 of
FMVSS No. 125 requires in pertinent
part:
S5.2.3 Each face of the triangular portion
of the warning device shall have an outer
border of red reflex reflective material of
uniform width and not less than 0.75 and not
more than 1.75 inches wide, and an inner
border of orange fluorescent material of
uniform width and not less than 1.25 and not
more than 1.30 inches wide . . .
Summary of BHC’s Analyses: BHC
explains that the only noncompliance
that it has confirmed is that the
measurement of the inner orange
fluorescent material is only 1.23 inches
versus 1.25 inches required by
paragraph S5.2.3 of FMVSS No. 125.
The other discrepancies alleged in the
competitor’s notice cannot be verified
without supplying samples to an
independent testing laboratory and
having them tested and confirmed.
2 BHC’s petition, which was filed under 49 CFR
part 556, requests an agency decision to exempt
BHC as a motor vehicle equipment manufacturer
from the notification and recall responsibilities of
49 CFR part 573 for the affected equipment.
However, a decision on this petition cannot relieve
vehicle distributors and dealers of the prohibitions
on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the
noncompliant motor vehicle equipment under their
control after BHC notified them that the subject
noncompliance existed.
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Agencies
[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42153-42155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16792]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0074]
Decision That Certain Nonconforming Motor Vehicles Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petitions.
-----------------------------------------------------------------------
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 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
[[Page 42154]]
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.
Comments: No substantive comments were received in response to 16
of the 17 petitions identified in Appendix A. In response to the
remaining petition, which covers 2004 model year Ford F-150 Crew Cab
trucks that were manufactured for the Mexican Market (Docket No NHTSA-
2012-0162), the Ford Motor Company stated in pertinent part:
Vehicles that are designed and manufactured for export to
markets outside of the United States are not necessarily tested for
compliance to all FMVSS requirements, unless the particular export
markets have entirely equivalent safety standards. Therefore, Ford
can neither confirm nor deny that a 2004 F-150 Crew Cab manufactured
for sale in the Mexican Market would have complied with FMVSS No.
208 at the time it was manufactured.
The petitioner, Mesa Auto Wholesalers, responded in pertinent part:
We at Mesa auto wholesalers have carefully looked at both a 2004
Ford F-150 that was sold for the American market and the subject
vehicle, in our research we discovered that both vehicles were
exactly the same and therefore conformed to the standard FMVSS No.
208 both units had factory installed airbags and seatbelts for all
seating positions including outward and center seat positions in
both the front seat and the rear seat.
NHTSA believes this response fully addresses the comment. The
agency also notes that the comment lacks sufficient specificity to
provide a basis for the denial of the petition.
NHTSA 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 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
has safety features that comply with, or are capable of being altered
to comply with, all applicable Federal Motor Vehicle Safety Standards.
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.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49
CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.7.
Issued on: July 2, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
Annex A--Nonconforming Motor Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA-2013-0032
Nonconforming Vehicles: 2005, 2006 & 2007 BMW 5 Series Passenger
Cars Manufactured before September 1, 2006
Substantially Similar U.S. Certified Vehicles: 2005, 2006 & 2007 BMW
5 Series Passenger Cars Manufactured before September 1, 2006
Notice of Petition
Published at: 78 FR 24463 (April 25, 2013)
Vehicle Eligibility Number: VSP-555 (effective date June 7, 2013)
2. Docket No. NHTSA-2013-0031
Nonconforming Vehicles: 1991 Volkswagen Transporter Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 1991 Volkswagen
Transporter Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 22944 (April 17, 2013)
Vehicle Eligibility Number: VSP-554 (effective date June 7, 2013)
3. Docket No. NHTSA-2013-0022
Nonconforming Vehicles: 2010 BMW Z4 Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2010 BMW Z4 Passenger
Cars
Notice of Petition
Published at: 78 FR 20385 (April 4, 2013)
Vehicle Eligibility Number: VSP-553 (effective date May 28, 2013)
4. Docket No. NHTSA-2013-0015
Nonconforming Vehicles: 2012 Porsche GT3 RS Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2012 Porsche GT3 RS
Passenger Cars
Notice of Petition
Published at: 78 FR 20386 (April 4, 2013)
Vehicle Eligibility Number: VSP-552 (effective date May 21, 2013)
5. Docket No. NHTSA-2012-0164
Nonconforming Vehicles: 2007 Ford Escape Multipurpose Passenger
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: Ford Escape
Multipurpose Passenger Vehicles
Notice of Petition
Published at: 78 FR 20388 (April 4, 2013)
Vehicle Eligibility Number: VSP-551 (effective date May 20, 2013)
6. Docket No. NHTSA-2013-0016
Nonconforming Vehicles: 1992, 1993 & 1994 BMW 3 Series Passenger
Cars
Substantially Similar U.S. Certified Vehicles: 1992, 1993 & 1994 BMW
3 Series Passenger Cars
Notice of Petition
Published at: 78 FR 19364 (March 29, 2013)
Vehicle Eligibility Number: VSP-550 (effective date May 6, 2013)
7. Docket No. NHTSA-2013-0012
Nonconforming Vehicles: 2005 Mercedes-Benz G Class (463 chassis)
Long-Wheelbase (LWB) Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Mercedes-Benz G
Class (463 chassis) Long-Wheelbase (LWB) Multipurpose Passenger
Vehicles
Notice of Petition
Published at: 78 FR 10686 (February 14, 2013)
Vehicle Eligibility Number: VSP-549 (effective date April 22, 2013)
8. Docket No. NHTSA-2012-0162
Nonconforming Vehicles: 2004 Ford F-150 Crew Cab Trucks Manufactured
for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2004 Ford F-150 Crew
Cab Trucks
Notice of Petition
Published at: 78 FR 13754 (February 28, 2013)
Vehicle Eligibility Number: VSP-548 (effective date April 17, 2013)
9. Docket No. NHTSA-2012-0161
Nonconforming Vehicles: 2003 Jeep Wrangler Multipurpose Passenger
Vehicles Manufactured for the Mexican Market
Substantially Similar U.S. Certified Vehicles: 2003 Jeep Wrangler
Multipurpose
[[Page 42155]]
Passenger Vehicles
Notice of Petition
Published at: 78 FR 13755 (February 28, 2013)
Vehicle Eligibility Number: VSP-547 (effective date April 17, 2013)
10. Docket No. NHTSA-2013-0014
Nonconforming Vehicles: 1992 Porsche Carrera (964 Series) Passenger
Cars
Substantially Similar U.S. Certified Vehicles: 1992 Porsche Carrera
(964 Series) Passenger Cars
Notice of Petition
Published at: 78 FR 10687 (February 14, 2013)
Vehicle Eligibility Number: VSP-546 (effective date March 26, 2013)
11. Docket No. NHTSA-2012-0163
Nonconforming Vehicles: 2005 Ferrari 612 Scaglietti Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Ferrari 612
Scaglietti Passenger Cars
Notice of Petition
Published at: 77 FR 76599 (December 28, 2012)
Vehicle Eligibility Number: VSP-545 (effective date February 12,
2013)
12. Docket No. NHTSA-2012-0151
Nonconforming Vehicles: 2007 Chevrolet Corvette Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2007 Chevrolet
Corvette Passenger Cars
Notice of Petition
Published at: 77 FR 69539 (November 19, 2012)
Vehicle Eligibility Number: VSP-544 (effective date January 16,
2013)
13. Docket No. NHTSA-2012-0150
Nonconforming Vehicles: 2009 Porsche Cayenne S Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2009 Porsche Cayenne
S Multipurpose Passenger Vehicles
Notice of Petition
Published at: 77 FR 67732 (November 13, 2012)
Vehicle Eligibility Number: VSP-543 (effective date January 16,
2013)
14. Docket No. NHTSA-2012-0160
Nonconforming Vehicles: 2009 Porsche 911 (997) Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2009 Porsche 911
(997) passenger cars
Notice of Petition
Published at: 77 FR 70541 (November 26, 2012)
Vehicle Eligibility Number: VSP-542 (effective date January 16,
2013)
15. Docket No. NHTSA-2012-0095
Nonconforming Vehicles: 2005 Chevrolet Suburban Multipurpose
Passenger Vehicles
Substantially Similar U.S. Certified Vehicles: 2005 Chevrolet
Suburban Multipurpose Passenger Vehicles
Notice of Petition
Published at: 77 FR 46803 (August 6, 2012)
Vehicle Eligibility Number: VSP-541 (effective date November 27,
2012)
16. Docket No. NHTSA-2013-0035
Nonconforming Vehicles: 2011 Thule 3008 BL Boat Trailer
Because there are no substantially similar U.S.-certified version
2011 Thule 3008 BL Boat Trailer the petitioner sought import
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition:
Published at: 78 FR 24464 (April 25, 2013)
Vehicle Eligibility Number: VCP-52 (effective date June 7, 2013)
17. Docket No. NHTSA-2012-0148
Nonconforming Vehicles: 1991 Mercedes-Benz G Class (463 chassis)
Multipurpose Passenger Vehicles
Because there are no substantially similar U.S.-certified version
1991 Mercedes-Benz G Class (463 chassis) Multipurpose Passenger
Vehicles the petitioner sought import eligibility under 49 U.S.C.
30141(a)(1)(B).
Notice of Petition
Published at: 77 FR 65444 (October 26, 2012)
Vehicle Eligibility Number: VCP-51 (effective date December 11,
2012)
[FR Doc. 2013-16792 Filed 7-12-13; 8:45 am]
BILLING CODE 4910-59-P