Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation, 12562-12563 [2016-05164]

Download as PDF Lhorne on DSK5TPTVN1PROD with NOTICES 12562 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices SAFETEA–LU, 49 U.S.C. 5310 note, because federal funding is no longer available for those programs. l. We removed former Group 19, Low or No Emission/Clean Fuels Grant Programs, because the Certifications for the Low or No Emission Vehicle Deployment Program have been moved to re-numbered Category 13, the Buses and Bus Facilities Program, and there is no longer federal funding for the Clean Fuels Grant Program, authorized under former 49 U.S.C. 5308. m. We have transferred former Group 20, the Paul S. Sarbanes Transit in Parks program to Category 22. n. We have re-numbered former Group 21, the Certifications and Assurances for the State Safety Oversight Grant Program, as Category 18. o. We have re-numbered former Group 22, the Certifications and Assurances for the Public Transportation Emergency Relief Program, as Category 19, and have added a reference to FTA regulations, ‘‘Emergency Relief,’’ 49 CFR part 602. p. We have re-numbered former Group 23, the Certifications and Assurances for the Expedited Project Delivery Pilot Program, as Category 20. These certifications are for the program authorized by the FAST Act. We removed the Certifications and Assurances for the MAP–21 Expedited Project Delivery Pilot Program because we have no funding for that program. q. We have re-numbered former Group 24, the Certifications and Assurances for the Infrastructure Finance Programs, as Category 21. r. We have added a new Group 23, the Certifications and Assurances for Construction Hiring Preferences. These certifications are required by section 192 of division L, title I of the Consolidated Appropriations Act. 2016, Public Law 114–113, which requires you, on behalf of your Applicant, to certify that if, in connection with any third party contract for construction hiring financed under title 49 U.S.C. or title 23 U.S.C., it uses a geographic, economic, or any other hiring preference not otherwise authorized by law or prohibited under 2 CFR 200.319(b): 1. Except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the third party contract requires resides in the jurisdiction where the work will be performed; 2. It will include appropriate provisions in its bid document ensuring that its third party contractor(s) do not VerDate Sep<11>2014 15:08 Mar 08, 2016 Jkt 238001 displace any of its existing employees in order to satisfy such hiring preference; and 3. That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 6. How do you submit the Certifications and Assurances? a. Electronic Submission. Except in rare circumstances and if permitted by FTA, you must submit your Applicant’s FY 2016 Certifications and Assurances and your attorney’s Affirmation in TrAMS. To submit the Certifications and Assurances, you must be registered in TrAMS. TrAMS contains fields for individually selecting among the twenty-three (23) Categories of Certifications and Assurances that apply to your Applicant and also a designated field for selecting all twenty-three (23) Categories, of which only the requirements that apply to you or your Applicant will be enforced. As an authorized representative of the Applicant, you must enter your personal identification number (PIN), which is your electronic signature, in TrAMS. The Attorney must enter his or her PIN in TrAMS, affirming your Applicant’s legal authority to make and comply with the Certifications and Assurances you have selected on its behalf. You may enter your PIN in place of the Attorney’s PIN, provided that your Applicant has on file and uploads to TrAMS a similar affirmation that has been written, dated, and signed by its Attorney in FY 2016. b. Paper Submission. Only in very limited circumstances may your Applicant submit its FY 2016 Certifications and Assurances on paper. For example if the Applicant has demonstrated that it is unable to submit its Certifications and Assurances electronically in TrAMS or is a one-time recipient, and if FTA has agreed in writing to accept your Applicant’s Certifications and Assurances on paper, then your Applicant may indicating the Categories of Certifications and Assurances your Applicant is submitting in typewritten hard copy on the Signature Pages. To do so, you may place a single mark in the designated space to signify your Applicant’s agreement to comply with all Categories of Certifications and Assurances to the extent that they apply to it, or select the specific Categories of Certifications and Assurances that apply to your Applicant and its Award. You must obtain your Attorney’s signature, whether on the Signature Page or on a PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 separate document that makes the same affirmation as on the Signature Page. In such a case, the Regional Office or the Headquarters Program Office must attach the paper submission to TrAMS. For more information, you may contact the appropriate FTA Regional or Metropolitan Office. Authority. 49 U.S.C. chapter 53; the Fixing America’s Surface Transportation (FAST) Act, Pub. L. 114–94, December 4, 2015, and; other federal laws administered by FTA; U.S. DOT and FTA regulations codified or to be codified in Title 49, Code of Federal Regulations; and FTA Circulars. Therese W. McMillan, Acting Administrator. [FR Doc. 2016–05147 Filed 3–8–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0107, Notice 2] Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: This document announces a decision by the National Highway Traffic Safety Administration that certain model year (MY) 2012 Fisker Karma passenger cars (PCs) that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for importation into and sale in the United States that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 2012 Fisker Karma PC), and they are capable of being readily altered to conform to the standards. DATES: This decision became effective on March 3, 2016. ADDRESSES: For further information contact George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308). 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 E:\FR\FM\09MRN1.SGM 09MRN1 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified as required under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. Wallace Environmental Testing Laboratories Inc. (WETL) of Houston, Texas (Registered Importer R–90–005), petitioned NHTSA to decide whether MY 2012 Fisker Karma PCs are eligible for importation into the United States. NHTSA published a notice of the petition on December 10, 2015 (80 FR 76741) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. Lhorne on DSK5TPTVN1PROD with NOTICES Comments On January 15, 2015, comments were received from Derek Nelson challenging the petition’s representation that off-theshelf U.S. model components are readily available to replace non-U.S. model components, including passenger seatbelt assemblies, passenger front airbag modules, left knee bolsters, right knee bolsters, and instrument clusters. Mr. Nelson further expressed the opinion that the MY 2012 Fisker Karma passenger cars should be imported only for display or testing purposes, and that, upon completion of display or testing, the vehicles should be exported or destroyed. On February 9, 2016, David Strader of Karma Automotive, LLC, responded to Mr. Nelson’s comments by stating that there are sufficient quantities of U.S. specification, off-the-shelf, safety and instrumentation components available to the general public from authorized service providers in the U.S. He also stated that the list of authorized service providers is available on the Web site www.karmaautomotive.com. VerDate Sep<11>2014 15:08 Mar 08, 2016 Jkt 238001 Comments and Conclusions NHTSA has reviewed the petition, the comments from Mr. Nelson and the response to those comments from Mr. Strader, and has concluded that the vehicles covered by the petition are capable of being readily altered to comply with all applicable FMVSS. However, NHTSA has additionally decided that any RI who imports or modifies one of these vehicles must include in the statement of conformity and associated documents (referred to as a ‘‘conformity package’’) it submits to NHTSA under 49 CFR 592.6(d) additional specific proof to confirm that the vehicle was manufactured to conform to, or was successfully altered to conform to, FMVSS No. 208 Occupant Protection. This proof must include detailed descriptions of all modifications made to achieve conformity with the standard, including a detailed description of the occupant protection system in place on the vehicle at the time was delivered to the RI and a similarly detailed description of the occupant protection system in place after the vehicle is altered, including photographs of all required labeling. The description must also include parts assembly diagrams and associated part numbers for all components that were removed from or installed on the vehicle, a description of how any computer programming changes were completed, and a description of how compliance was verified after alterations were completed. Photographs (e.g., monitor print screen captures) or report printouts, as practicable, must be submitted as proof that any computer reprogramming was carried out successfully. In addition to the information specified above, each conformity package must also include evidence showing how the RI verified that any changes it made in loading or reprogramming vehicle software to achieve conformity with each separate FMVSS did not cause the vehicle to fall out of compliance with any other applicable FMVSS. Decision Accordingly, on the basis of the foregoing, NHTSA hereby decides that MY 2012 Fisker Karma passenger cars that were not originally manufactured to comply with all applicable FMVSS are substantially similar to 2012 Fisker Karma PCs manufactured for importation into and/or sale in the United States, and certified under 49 U.S.C. 30115, and are capable of being readily altered to conform to all PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 12563 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. VSP–577 is the vehicle eligibility number assigned to vehicles admissible under this notice of final decision. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–05164 Filed 3–8–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2016–0022] Pipeline Safety: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection under Office of Management and Budget (OMB) Control No. 2137–0605, titled ‘‘Integrity Management in High Consequence Areas for Operators of Hazardous Liquid Pipelines.’’ PHMSA is preparing to request approval from OMB for a renewal of the currently approved information collection. DATES: Interested persons are invited to submit comments on or before May 9, 2016. ADDRESSES: Comments may be submitted in the following ways: E-Gov Web site: http:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. DOT, 1200 New Jersey Avenue SE., West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, SUMMARY: E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12562-12563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05164]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0107, Notice 2]


Decision That Nonconforming Model Year 2012 Fisker Karma 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2012 Fisker 
Karma passenger cars (PCs) that were not originally manufactured to 
comply with all applicable Federal Motor Vehicle Safety Standards 
(FMVSS) are eligible for importation into the United States because 
they are substantially similar to vehicles originally manufactured for 
importation into and sale in the United States that were certified by 
their manufacturer as complying with the safety standards (the U.S. 
certified version of the 2012 Fisker Karma PC), and they are capable of 
being readily altered to conform to the standards.

DATES: This decision became effective on March 3, 2016.

ADDRESSES: For further information contact 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

[[Page 12563]]

admission into the United States unless NHTSA has decided that the 
motor vehicle is substantially similar to a motor vehicle originally 
manufactured for importation into and sale in the United States, 
certified as required under 49 U.S.C. 30115, and of the same model year 
as the model of the motor vehicle to be compared, and is capable of 
being readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    Wallace Environmental Testing Laboratories Inc. (WETL) of Houston, 
Texas (Registered Importer R-90-005), petitioned NHTSA to decide 
whether MY 2012 Fisker Karma PCs are eligible for importation into the 
United States. NHTSA published a notice of the petition on December 10, 
2015 (80 FR 76741) to afford an opportunity for public comment. The 
reader is referred to that notice for a thorough description of the 
petition.

Comments

    On January 15, 2015, comments were received from Derek Nelson 
challenging the petition's representation that off-the-shelf U.S. model 
components are readily available to replace non-U.S. model components, 
including passenger seatbelt assemblies, passenger front airbag 
modules, left knee bolsters, right knee bolsters, and instrument 
clusters. Mr. Nelson further expressed the opinion that the MY 2012 
Fisker Karma passenger cars should be imported only for display or 
testing purposes, and that, upon completion of display or testing, the 
vehicles should be exported or destroyed.
    On February 9, 2016, David Strader of Karma Automotive, LLC, 
responded to Mr. Nelson's comments by stating that there are sufficient 
quantities of U.S. specification, off-the-shelf, safety and 
instrumentation components available to the general public from 
authorized service providers in the U.S. He also stated that the list 
of authorized service providers is available on the Web site 
www.karmaautomotive.com.

Comments and Conclusions

    NHTSA has reviewed the petition, the comments from Mr. Nelson and 
the response to those comments from Mr. Strader, and has concluded that 
the vehicles covered by the petition are capable of being readily 
altered to comply with all applicable FMVSS.
    However, NHTSA has additionally decided that any RI who imports or 
modifies one of these vehicles must include in the statement of 
conformity and associated documents (referred to as a ``conformity 
package'') it submits to NHTSA under 49 CFR 592.6(d) additional 
specific proof to confirm that the vehicle was manufactured to conform 
to, or was successfully altered to conform to, FMVSS No. 208 Occupant 
Protection. This proof must include detailed descriptions of all 
modifications made to achieve conformity with the standard, including a 
detailed description of the occupant protection system in place on the 
vehicle at the time was delivered to the RI and a similarly detailed 
description of the occupant protection system in place after the 
vehicle is altered, including photographs of all required labeling. The 
description must also include parts assembly diagrams and associated 
part numbers for all components that were removed from or installed on 
the vehicle, a description of how any computer programming changes were 
completed, and a description of how compliance was verified after 
alterations were completed. Photographs (e.g., monitor print screen 
captures) or report printouts, as practicable, must be submitted as 
proof that any computer reprogramming was carried out successfully.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that any 
changes it made in loading or reprogramming vehicle software to achieve 
conformity with each separate FMVSS did not cause the vehicle to fall 
out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2012 Fisker Karma passenger cars that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 2012 Fisker Karma PCs manufactured for importation into and/
or sale in the United States, and certified under 49 U.S.C. 30115, and 
are capable of being readily altered to conform to 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. 
VSP-577 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-05164 Filed 3-8-16; 8:45 am]
 BILLING CODE 4910-59-P