Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation, 50921-50922 [2015-20667]

Download as PDF Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices United States, it does not produce detachable tramways like the one used by Mountain Village. Additionally, parts for the remainder of the tramway are of a different design and are not interchangeable with those used on other gondola systems. On Wednesday, July 22, 2015, and in accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice in the Federal Register announcing the Colorado Department of Transportation Buy America waiver request made on behalf of Mountain Village (80 FR 43552), seeking comment from all interested parties, including potential vendors and suppliers. The comment period closed on August 5, 2015, and no comments were received. Based on the representations from the Colorado Department of Transportation and the Colorado Passenger Tramway Safety Board, and the lack of any comments opposing the waiver, FTA is granting a non-availability waiver for replacement gondola components, limited to the parts procured by Mountain Village for the gondola refurbishment projects described above. Issued on August 17, 2015. Dana C. Nifosi, Acting Chief Counsel. [FR Doc. 2015–20662 Filed 8–20–15; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0077] 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. rmajette on DSK7SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 For further information contact Mr. George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308). SUPPLEMENTARY INFORMATION: ADDRESSES: 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 50921 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 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. ANNEX A—Nonconforming Motor Vehicles Decided To Be Eligible for Importation 1. Docket No. NHTSA–2014–0048 Nonconforming Vehicles: 2011–2014 Harley-Davidson FX, FL, XL, and VR Series Motorcycles Substantially Similar U.S. Certified Vehicles: 2011–2014 Harley-Davidson FX, FL, XL, and VR Series Motorcycles Notice of Petition Published at: 79 FR 26804 (May 9, 2014) Vehicle Eligibility Number: VSP–567 (effective date June 24, 2014) 2. Docket No. NHTSA–2014–0098 Nonconforming Vehicles: 2002 BMW Z3 Passenger Cars Substantially Similar U.S. Certified Vehicles: 2002 BMW Z3 Passenger Cars Notice of Petition Published at: 79 FR 56851 (September 23, 2014) Vehicle Eligibility Number: VSP–568 (effective date November 5, 2014) 3. Docket No. NHTSA–2014–0120 Nonconforming Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Substantially Similar U.S. Certified Vehicles: 2008 Cadillac Escalade Multipurpose Passenger Vehicles Notice of Petition Published at: 80 FR 36404 (June 24, 2015) Vehicle Eligibility Number: VSP–572 (effective date July 31, 2015) 4. Docket No. NHTSA–2014–0097 Nonconforming Vehicles: 1991 BMW M3 Convertible Passenger Cars E:\FR\FM\21AUN1.SGM 21AUN1 50922 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices Because there are no substantially similar U.S.–certified version 1991 BMW M3 Convertible Passenger Cars the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 80 FR 30761 (May 29, 2015) Vehicle Eligibility Number: VCP–60 (effective date August 6, 2015) [FR Doc. 2015–20667 Filed 8–20–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 603 (Sub-No. 4X)] V and S Railway, LLC—Abandonment Exemption—in Pueblo, Crowley, and Kiowa Counties, Colo. rmajette on DSK7SPTVN1PROD with NOTICES V and S Railway, LLC (V&S) has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a line of railroad extending between milepost 747.5 near Towner and milepost 869.4 near NA Junction, a distance of 121.9 miles in Pueblo, Crowley, and Kiowa Counties, Colo. (the Towner Line). The Towner Line traverses United States Postal Service Zip Codes 81022, 80125, 81062, 81033, 81063, 81076, 81021, 81045, 81036, and 81071. V&S has certified that: (1) No local traffic has moved over the Towner Line for at least two years; (2) any overhead traffic on the Towner Line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Towner Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Towner Line is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; 1 and (4) the 1 In Docket No. NOR 42140, the Colorado Wheat Administrative Committee, the Colorado Association of Wheat Growers, the Colorado Wheat Research Foundation, and KCVN, LLC (collectively, the Colorado Interests) filed a complaint alleging that V&S has violated 49 U.S.C. 11101 and 10903 by removing certain track and related assets from a segment of the Towner Line over which the Board had previously permitted V&S to discontinue service. See V&S Ry.—Discontinuance of Serv. Exemption—in Pueblo, Crowley, & Kiowa Cntys., Colo., AB 603 (Sub-No. 2X) (STB served June 28, 2012). This segment of the Towner Line, known as the Western Segment, extends between milepost 808.3 near Haswell, Colo., and milepost 868.5. The Board granted the joint petition of V&S and the Colorado Interests asking that the agency stay that complaint proceeding so that V&S could file for the abandonment exemption it seeks here. See Colo. Wheat Admin. Comm. v. V&S Ry., NOR 42140 (STB served July 17, 2015). Based on these facts, the certification is accurate. VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to government agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 20, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 31, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 10, 2015, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicant’s representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M Street NW., 7th Floor, Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. V&S has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by August 28, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Federal Information Relay Service (FIRS) at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), V&S shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Towner Line. If consummation has not been effected by filing of a notice of consummation by August 21, 2016, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: August 18, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–20718 Filed 8–20–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35938] New England Central Railroad, Inc.— Acquisition and Operation Exemption—Claremont Concord Railroad Corp. New England Central Railroad, Inc. (NECR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Claremont Concord Railroad Corp. (CCRR) its rights in a line of railroad between milepost 0.29 and milepost 2.1 in Claremont, Sullivan County, N.H., and its rights in a line of railroad between milepost 141.00 +/¥ and milepost 142.78+/¥ 1 in West Lebanon, Graton County, N.H.2 The transaction is expected to be consummated on or after September 8, 2015. 1 CCRR has recently obtained authority to discontinue service over 0.97 miles of rail line between approximately milepost 140 and milepost 141. See Claremont Concord R.R.—Discontinuance of Serv. Exemption—in Grafton Cnty., N.H., AB 1120 (Sub-No. 1X) et al. (STB served Feb. 12, 2015). NECR is not acquiring any rights with respect to the portion of the rail line over which service is being discontinued. 2 CCRR owns the line in Claremont and leases the line in West Lebanon from the State of New Hampshire’s Department of Transportation. E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50921-50922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20667]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0077]


Decision That Certain Nonconforming Motor Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petitions.

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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. George Stevens, Office 
of Vehicle Safety Compliance, NHTSA (202-366-5308).

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 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.

ANNEX A--Nonconforming Motor Vehicles Decided To Be Eligible for 
Importation

1. Docket No. NHTSA-2014-0048

Nonconforming Vehicles: 2011-2014 Harley-Davidson FX, FL, XL, and VR 
Series Motorcycles
Substantially Similar U.S. Certified Vehicles: 2011-2014 Harley-
Davidson FX, FL, XL, and VR Series Motorcycles
Notice of Petition Published at: 79 FR 26804 (May 9, 2014)
Vehicle Eligibility Number: VSP-567 (effective date June 24, 2014)

2. Docket No. NHTSA-2014-0098

Nonconforming Vehicles: 2002 BMW Z3 Passenger Cars
Substantially Similar U.S. Certified Vehicles: 2002 BMW Z3 Passenger 
Cars
Notice of Petition Published at: 79 FR 56851 (September 23, 2014)
Vehicle Eligibility Number: VSP-568 (effective date November 5, 2014)

3. Docket No. NHTSA-2014-0120

Nonconforming Vehicles: 2008 Cadillac Escalade Multipurpose Passenger 
Vehicles
Substantially Similar U.S. Certified Vehicles: 2008 Cadillac Escalade 
Multipurpose Passenger Vehicles
Notice of Petition Published at: 80 FR 36404 (June 24, 2015)
Vehicle Eligibility Number: VSP-572 (effective date July 31, 2015)

4. Docket No. NHTSA-2014-0097

Nonconforming Vehicles: 1991 BMW M3 Convertible Passenger Cars

[[Page 50922]]

Because there are no substantially similar U.S.-certified version 1991 
BMW M3 Convertible Passenger Cars the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 80 FR 30761 (May 29, 2015)
Vehicle Eligibility Number: VCP-60 (effective date August 6, 2015)

[FR Doc. 2015-20667 Filed 8-20-15; 8:45 am]
 BILLING CODE 4910-59-P