Notice of Grant of Petition for Decision That Nonconforming Model Year 2019 Schuler Spezialfahrzeuge GmbH Trailer Is Eligible for Importation, 57473-57474 [2021-22481]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57473-57474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22481]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0054; Notice 2]


Notice of Grant of Petition for Decision That Nonconforming Model 
Year 2019 Schuler Spezialfahrzeuge GmbH Trailer Is Eligible for 
Importation

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

ACTION: Grant of petition.

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SUMMARY: This document announces the National Highway Traffic Safety 
Administration's (NHTSA's) grant of a petition for a decision that a 
model year (MY) 2019 Schuler Spezialfahrzeuge GmbH trailer that was not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards (FMVSS) is eligible for importation into the 
United States because it is capable of being readily altered to conform 
with all applicable Federal Motor Vehicle Safety Standards (FMVSS).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle 
Safety Compliance, NHTSA (202-366-1012).

SUPPLEMENTARY INFORMATION:

I. Background

    A motor vehicle that was not originally manufactured to conform to 
all applicable FMVSS may be eligible for import into the United States 
if NHTSA determines that the motor vehicle is capable of being readily 
altered to conform to all applicable FMVSS. See 49 U.S.C. 30141(a). 
``[I]f there is no substantially similar United States motor vehicle,'' 
NHTSA may determine that ``the safety features of the vehicle comply 
with or are capable of being altered to comply with those standards 
based on destructive test information or other evidence the Secretary 
of Transportation decides is adequate.'' Id. 30141(a)(1)(B). The term 
``motor vehicle'' includes trailers that ``are manufactured primarily 
for use on public streets, roads, and highways.'' See id. 30102(a)(7). 
If NHTSA determines that a nonconforming vehicle is import eligible, 
any such nonconforming vehicle imported into the United States must be 
modified into conformance and certified as conforming by a registered 
importer before it is sold or otherwise released from the custody of 
the registered importer. 49 U.S.C. 30146(a)(1); 49 CFR 592.6.\1\
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    \1\ A registered importer is an importer that has registered 
with NHTSA under 49 CFR part 592 and is therefore authorized to 
modify and then certify imported vehicles as compliant with all 
applicable FMVSS.
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    Petitions for import eligibility decisions may be submitted by 
either manufacturers or registered importers and must comply with the 
requirements set forth in 49 CFR 593.6. A petition based on the 
capability of the vehicle to comply with all applicable FMVSS include, 
among other things, ``data, views, and arguments demonstrating that the 
vehicle [which is the subject of the petition] has safety features that 
comply with or are capable of being modified to conform with such 
standard.'' Id. 593.6(b)(2). ``The latter demonstration [must] include 
a showing that after such modifications, the features will conform with 
such standard.'' Id.
    As specified in 49 CFR 593.7, NHTSA publishes notice of each 
petition that it receives in the Federal Register and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides whether the vehicle is 
eligible for importation based on the petition, its review of any 
comments received, and the agency's own analysis. NHTSA will grant a 
petition for import eligibility if it ``determines that the petition 
clearly demonstrates that the vehicle model is eligible for 
importation'' and will deny the petition if it ``determines that the 
petition does not clearly demonstrate that the vehicle model is 
eligible for importation.'' 49 CFR 593.7(e)-(f). NHTSA then publishes 
its decision and the reasons for it in the Federal Register. Id.

II. Discussion of Petition

    Skytop Rover Co., Inc., (Registered Importer R-6-343), of 
Philadelphia, Pennsylvania has petitioned NHTSA to decide whether a 
nonconforming MY 2019 Schuler Spezialfahrzeuge GmbH trailer (the 
Subject Vehicle) is eligible for importation into the United States. 
Petitioner contends the Subject Vehicle's ``safety features comply with 
or are capable of being modified to comply with all applicable Federal 
motor vehicle safety standards.'' Petitioner states the Subject Vehicle 
``is a custom-built trailer made in Germany by Schuler Spezialfahrzeuge 
GmbH'' and ``there is no substantially similar trailer for comparison 
purposes.'' \2\ Petitioner states the Gross Vehicle Weight Rating 
(GVWR) of the Subject Vehicle is 60,295 lbs. (27,349 kg).
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    \2\ Because the Subject Vehicle is a custom-built trailer, the 
grant of this import eligibility petition applies only to the 
Subject Vehicle and does not create a category of import eligible 
trailers or otherwise apply to any other trailers.
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    Petitioner states that the Subject Vehicle ``was developed and 
manufactured using `off the shelf' DOT compliant components'' and ``has 
safety features which comply with or are capable of being modified to 
conform to all applicable Federal motor vehicle safety standards.'' 
Petitioner contends that the Subject Vehicle, as originally 
manufactured, complies with or is not subject to FMVSS Nos. 108 (Lamps, 
Reflective Devices and Associated Equipment), 119 (New Pneumatic 
Tires), 120 (Tire and Rim Selection), 121 (Air Brake Systems), 223 
(Rear Impact Guards), and 224 (Rear Impact Protection).
    With respect to FMVSS No. 108 (Lamps, Reflective Devices and 
Associated Equipment), Petitioner claims the vehicle meets all aspects 
of this standard and provided photographs of the lighting and 
retroreflective tape on the vehicle as equipped. These photographs, 
however, showed no retroreflective tape applied to the upper corners of 
the rear extremity of the vehicle as required under this FMVSS.
    With respect to FMVSS No. 119 (New Pneumatic Tires), Petitioner 
claims and provided photographs demonstrating that the vehicle is 
equipped with tires that bear the relevant ``DOT'' markings/symbols and 
all required information for U.S. DOT certification.
    With respect to FMVSS No. 121 (Air Brake Systems), Petitioner 
claims the vehicle meets all aspects of this standard and provided a 
test report detailing the service brake and park brake actuation and 
release timing. The test report showed results within the requirements 
for brake actuation specified for this FMVSS.
    With respect to FMVSS Nos. 223 (Rear Impact Guards) and 224 (Rear 
Impact Protection), Petitioner claims the

[[Page 57474]]

rearmost structural element of the trailer has a ground clearance of 
less than 22 inches and therefore is excluded from the requirements of 
a rear impact guard under FMVSS Nos. 224 and that FMVSS 223 therefore 
does not apply. Petitioner provided photographs depicting the 
measurements of the ground clearance of the rearmost structural member 
of the trailer that appear to support this claim.
    Petitioner also contends that the Subject Vehicle is capable of 
meeting the requirements set forth in 49 CFR part 565 (Vehicle 
Identification Number Requirements) and 49 CFR part 567 (Certification) 
by affixing a certification label to the trailer on the ``Left Front 
Half at Shoulder Height'' that contains the VIN number of the Subject 
Vehicle.

III. Public Comments

    A Notice of Receipt of the Petition was published in the Federal 
Register for public comment for a period of 30 days. 86 FR 48476 (Aug. 
30, 2021). No public comment was submitted in response to the Notice of 
Receipt.

IV. NHTSA'S Analysis

    A petition to determine import eligibility must include all 
information required under the applicable authorities and must also 
include data, views, and arguments demonstrating the conclusions 
advanced by the petition. In this case, the Petition includes 
information demonstrating that the following FMVSS requirements are met 
by the Subject Vehicle as manufactured.
    FMVSS No. 119 (New Pneumatic Tires)--Petitioner has shown the 
vehicle, as manufactured, is equipped with compliant tires, by direct 
inspection and submitted photographs depicting tires that bear the 
relevant ``DOT'' markings/symbols and all required information for U.S. 
DOT certification.
    FMVSS No. 121 (Air Brake Systems)--Petitioner has shown the 
vehicle, as manufactured, is equipped with a compliant braking system, 
by direct inspection, submitted photographs, and a service brake and 
park brake actuation and release timing test report, which demonstrated 
that the results are within the required specifications for compliance.
    FMVSS Nos. 223 (Rear Impact Guards) and 224 (Rear Impact 
Protection)--Petitioner has shown the vehicle meets the definition of a 
``[l]ow chassis vehicle'' and is excluded from requiring a rear impact 
guard per the requirements of FMVSS No. 224 and that FMVSS No. 223 is 
therefore not applicable to the Subject Vehicle, by submitting 
photographs depicting a ground clearance of the rear most structural 
member within 12 inches of the rear of the trailer to be less than 22 
inches above ground.
    Petitioner also demonstrated that the Subject Vehicle, as 
manufactured, is capable of being modified to conform to FMVSS No. 108 
(Lamps, Reflective Devices and Associated Equipment). Although 
Petitioner failed to demonstrate the Subject Vehicle meets the 
requirements for retroreflective tape on the back of the vehicle, NHTSA 
concludes that the vehicle is capable of being modified to meet these 
requirements with the addition of retroreflective tape in the location 
specified in the standard. Petitioner has shown the Subject Vehicle 
meets all other lighting and conspicuity requirements of the standard, 
by submitting photographs depicting the DOT marking of the compliant 
lamps and the location of other retroreflective tape.
    Additionally, and as stated by Petitioner, the Subject Vehicle will 
need to be modified to conform to the requirements set forth in 49 CFR 
part 565 (Vehicle Identification Number Requirements) and 49 CFR part 
567 (Certification) by affixing a safety certification label to the 
trailer on the ``Left Front Half at Shoulder Height'' that contains the 
VIN number of the vehicle.

V. Agency Decision

    Petitioner has demonstrated that the Subject Vehicle is either 
compliant with or capable of being readily altered to comply with all 
applicable FMVSS, and the petition is therefore granted.
    Authority: 49 U.S.C. 30141(a)(1)(B), and (b)(1); 49 CFR 593.7; 
delegation of authority at 49 CFR 1.95 and 501.8.

Joseph Kolly,
Acting Associate Administrator for Enforcement.
[FR Doc. 2021-22481 Filed 10-14-21; 8:45 am]
BILLING CODE 4910-59-P