Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation, 74225-74226 [2013-29406]

Download as PDF Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2011–0298 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: December 3, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–29419 Filed 12–9–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0136] 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. ADDRESSES: For further information contact Mr. Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: maindgalligan on DSK5TPTVN1PROD with NOTICES SUMMARY: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 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. Comments: No substantive comments were received in response to the petitions identified in Appendix A. 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. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 74225 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: December 4, 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–2013–0033 Nonconforming Vehicles: 1996 Chevrolet Impala Passenger Cars Substantially Similar U.S. Certified Vehicles: 1996 Chevrolet Impala Passenger Cars Notice of Petition Published at: 78 FR 45997 (July 30, 2013) Vehicle Eligibility Number: VSP–561 (effective date September 12, 2013) 2. Docket No. NHTSA–2013–0020 Nonconforming Vehicles: 2005 Jaguar XKR Passenger Cars Substantially Similar U.S. Certified Vehicles: 2005 Jaguar XKR Passenger Cars Notice of Petition Published at: 78 FR 45999 (July 30, 2013) Vehicle Eligibility Number: VSP–560 (effective date September 12, 2013) 3. Docket No. NHTSA–2013–0034 Nonconforming Vehicles: 2004 BMW 760i Passenger Cars Substantially Similar U.S. Certified Vehicles: 2004 BMW 760i Passenger Cars Notice of Petition Published at: 78 FR 44621 (July 24, 2013) Vehicle Eligibility Number: VSP–559 (effective date September 6, 2013) 4. Docket No. NHTSA–2013–0059, NHTSA–2013–0032 Nonconforming Vehicles: 2005, 2006 Mercedes-Benz SLR Passenger Cars (Manufactured Prior to September 1, 2006) Substantially Similar U.S. Certified Vehicles: 2005, 2006 Mercedes-Benz SLR Passenger Cars (Manufactured Prior to September 1, 2006) Notice of Petition Published at: 78 FR 38442 (June 26, 2013) Vehicle Eligibility Number: VSP–558 (effective date August 2, 2013) E:\FR\FM\10DEN1.SGM 10DEN1 74226 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices 5. Docket No. NHTSA–2013–0062 DEPARTMENT OF TRANSPORTATION Nonconforming Vehicles: 2002 BMW R1100 S Motorcycles Substantially Similar U.S. Certified Vehicles: 2002 BMW R1100 S Motorcycles Notice of Petition Published at: 78 FR 29811 (May 21, 2013) Vehicle Eligibility Number: VSP–557 (effective date July 26, 2013) National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0125; Notice 1] Hankook Tire America Corp, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: 6. Docket No. NHTSA–2013–0061 Nonconforming Vehicles: 2003 BMW K1200 GT Motorcycles Substantially Similar U.S. Certified Vehicles: 2003 BMW K1200 GT Motorcycles Notice of Petition Published at: 78 FR 29810 (May 21, 2013) Vehicle Eligibility Number: VSP–556 (effective date July 26, 2013) 7. Docket No. NHTSA–2013–0037, NHTSA–2013–0032 Nonconforming Vehicles: 2005, 2006, 2007 Alpine B5 Series Passenger Cars (Manufactured Prior to September 1, 2006) Because there are no substantially similar U.S.—certified version 2005, 2006, 2007 Alpine B5 Series Passenger Cars (Manufactured Prior to September 1, 2006) the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 78 FR 30961 (May 23, 2013) Vehicle Eligibility Number: VCP–53 (effective date July 26, 2013) maindgalligan on DSK5TPTVN1PROD with NOTICES 8. Docket No. NHTSA–2013–0064 Nonconforming Vehicles: 1988–1996 Alpine B10 Series Passenger Cars Because there are no substantially similar U.S.—certified version 1988– 1996 Alpine B10 Series Passenger Cars the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 78 FR 59092 (September 25, 2013) Vehicle Eligibility Number: VCP–54 (effective date November 14, 2013) [FR Doc. 2013–29406 Filed 12–9–13; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 Hankook Tire America Corp, (Hankook) has determined that certain model year Hankook Roadhandler Sport (H432) tires manufactured between June 21, 2013 and August 29, 2013, do not fully comply with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Hankook has filed an appropriate report dated October 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is January 9, 2014. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: • Mail: Send comments by mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493–2251. 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 SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Hankook’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Hankook submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Hankook’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. II. Tires Involved: Affected are approximately 6,257 Roadhandler Sport (H432), size 215/45R17 91W XL, Hankook tires manufactured between June 21, 2013 and August 29, 2013. III. Noncompliance: Hankook explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the side of the tires incorrectly describes the actual number of plies in the tread area of the tires as required by paragraph S5.5(f) of 49 CFR 571.139. Specifically, the tires in question were inadvertently manufactured with ‘‘Ply Tread 2 steel + 1 Polyester + 2 Nylon, Sidewall 1 Polyester.’’ The correct labeling and stamping to match the tire construction should have been ‘‘Ply Tread 2 steel + 1 Polyester + 1 Nylon, Sidewall 1 Polyester.’’ IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 requires in pertinent part: E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74225-74226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29406]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0136]


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.

ADDRESSES: For further information contact Mr. 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.
    Comments: No substantive comments were received in response to the 
petitions identified in Appendix A.
    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: December 4, 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-2013-0033

Nonconforming Vehicles: 1996 Chevrolet Impala Passenger Cars
Substantially Similar U.S. Certified Vehicles: 1996 Chevrolet Impala 
Passenger Cars
Notice of Petition Published at: 78 FR 45997 (July 30, 2013)
Vehicle Eligibility Number: VSP-561 (effective date September 12, 2013)

2. Docket No. NHTSA-2013-0020

Nonconforming Vehicles: 2005 Jaguar XKR Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2005 Jaguar XKR 
Passenger Cars
Notice of Petition Published at: 78 FR 45999 (July 30, 2013)
Vehicle Eligibility Number: VSP-560 (effective date September 12, 2013)

3. Docket No. NHTSA-2013-0034

Nonconforming Vehicles: 2004 BMW 760i Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2004 BMW 760i Passenger 
Cars
Notice of Petition Published at: 78 FR 44621 (July 24, 2013)
Vehicle Eligibility Number: VSP-559 (effective date September 6, 2013)

4. Docket No. NHTSA-2013-0059, NHTSA-2013-0032

Nonconforming Vehicles: 2005, 2006 Mercedes-Benz SLR Passenger Cars 
(Manufactured Prior to September 1, 2006)
Substantially Similar U.S. Certified Vehicles: 2005, 2006 Mercedes-Benz 
SLR Passenger Cars (Manufactured Prior to September 1, 2006)
Notice of Petition Published at: 78 FR 38442 (June 26, 2013)
Vehicle Eligibility Number: VSP-558 (effective date August 2, 2013)

[[Page 74226]]

5. Docket No. NHTSA-2013-0062

Nonconforming Vehicles: 2002 BMW R1100 S Motorcycles
Substantially Similar U.S. Certified Vehicles: 2002 BMW R1100 S 
Motorcycles
Notice of Petition Published at: 78 FR 29811 (May 21, 2013)
Vehicle Eligibility Number: VSP-557 (effective date July 26, 2013)

6. Docket No. NHTSA-2013-0061

Nonconforming Vehicles: 2003 BMW K1200 GT Motorcycles
Substantially Similar U.S. Certified Vehicles: 2003 BMW K1200 GT 
Motorcycles
Notice of Petition Published at: 78 FR 29810 (May 21, 2013)
Vehicle Eligibility Number: VSP-556 (effective date July 26, 2013)

7. Docket No. NHTSA-2013-0037, NHTSA-2013-0032

Nonconforming Vehicles: 2005, 2006, 2007 Alpine B5 Series Passenger 
Cars (Manufactured Prior to September 1, 2006)

Because there are no substantially similar U.S.--certified version 
2005, 2006, 2007 Alpine B5 Series Passenger Cars (Manufactured Prior to 
September 1, 2006) the petitioner sought import eligibility under 49 
U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 78 FR 30961 (May 23, 2013)
Vehicle Eligibility Number: VCP-53 (effective date July 26, 2013)

8. Docket No. NHTSA-2013-0064

Nonconforming Vehicles: 1988-1996 Alpine B10 Series Passenger Cars
Because there are no substantially similar U.S.--certified version 
1988-1996 Alpine B10 Series Passenger Cars the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 78 FR 59092 (September 25, 2013)
Vehicle Eligibility Number: VCP-54 (effective date November 14, 2013)

[FR Doc. 2013-29406 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-59-P