
[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]               
[Page 15834-15835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-120]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0052]

 
Decision that Certain Nonconforming Motor Vehicles are Eligible 
for Importation

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

ACTION: Notice of decision by NHTSA that certain nonconforming motor 
vehicles are eligible for importation.

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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 importation into and/or 
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 
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. No substantive comments were received in 
response to these notices. Based on its review of the information 
submitted by the petitioners, NHTSA has decided to grant the petitions.

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

[[Page 15835]]

under this decision are specified in Annex A.

Final 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 
(1) 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 (2) has safety 
features that comply with, or are capable of being altered to comply 
with, all applicable Federal motor vehicle safety standards.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B) and (b)(1); 49 
CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 19, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

Annex A

Nonconforming Motor Vehicles Decided to be Eligible for Importation

1. Docket No. NHTSA-2007-28262

    Nonconforming Vehicles: 2005 Honda CR-V Multipurpose Passenger 
Vehicle.
    Substantially Similar U.S. Certified Vehicles: 2005 Honda CR-V 
Multipurpose Passenger Vehicle.
    Notice of Petition Published at: 72 FR 30428 (May 31, 2007).
    Vehicle Eligibility Number: VSP-489 (effective date July 11, 2007).

2. Docket No. NHTSA-2007-28261

    Nonconforming Vehicles: 1986-1987 Volkswagen Transporter 
Multipurpose Passenger Vehicle.
    Substantially Similar U.S. Certified Vehicles: 1986-1987 Volkswagen 
Vanagon Multipurpose Passenger Vehicle.
    Notice of Petition Published at: 72 FR 30424 (May 31, 2007).
    Vehicle Eligibility Number: VSP-490 (effective date July 11, 2007).

3. Docket No. NHTSA-2007-28263

    Nonconforming Vehicles: 2006 Harley Davidson FX, FL, & XL 
Motorcycle
    Substantially Similar U.S. Certified Vehicles: 2006 Harley Davidson 
FX, FL, & XL Motorcycle.
    Notice of Petition Published at: 72 FR 30425 (May 31, 2007).
    Vehicle Eligibility Number: VSP-491 (effective date July 11, 2007).

4. Docket No. NHTSA-2007-28264

    Nonconforming Vehicles: 2003 Kawasaki VN1500-P1/P2 Motorcycle.
    Substantially Similar U.S. Certified Vehicles: 2003 Kawasaki 
VN1500-P1/P2 Motorcycle.
    Notice of Petition Published at: 72 FR 30429 (May 31, 2007).
    Vehicle Eligibility Number: VSP-492 (effective date July 11, 2007).

5. Docket No. NHTSA-2007-28531

    Nonconforming Vehicles: 2004 Hyundai XG350 Passenger Car.
    Substantially Similar U.S. Certified Vehicles: 2004 Hyundai XG350 
Passenger Car.
    Notice of Petition Published at: 72 FR 35541 (June 28, 2007).
    Vehicle Eligibility Number: VSP-494 (effective date August 14, 
2007).

6. Docket No. NHTSA-2007-0006

    Nonconforming Vehicles: 2000-2001 Moto Guzzi California 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2000-2001 Moto Guzzi 
California Motorcycles.
    Notice of Petition Published at: 72 FR 59591 (October 22, 2007).
    Vehicle Eligibility Number: VSP-495 (effective date November 28, 
2007).

7. Docket No. NHTSA-2007-0005

    Nonconforming Vehicles: 2004-2005 Vespa LX and PX Model 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2004-2005 Vespa LX 
and PX Model Motorcycles.
    Notice of Petition Published at: 72 FR 59588 (October 22, 2007).
    Vehicle Eligibility Number: VSP-496 (effective date November 28, 
2007).

8. Docket No. NHTSA-2007-0004

    Nonconforming Vehicles: 1999-2007 Yamaha Drag Star 1100 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1999-2007 Yamaha V 
Star 1100 Motorcycles.
    Notice of Petition Published at: 72 FR 59586 (October 22, 2007).
    Vehicle Eligibility Number: VSP-497 (effective date November 28, 
2007).

9. Docket No. NHTSA-2007-0007

    Nonconforming Vehicles: 1988 Ducati 851 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1988 Ducati 851 
Motorcycles.
    Notice of Petition Published at: 72 FR 59584 (October 22, 2007).
    Vehicle Eligibility Number: VSP-498 (effective date November 28, 
2007).

10. Docket No. NHTSA-2007-0009

    Nonconforming Vehicles: 2007 Harley Davidson FXSTC Soft Tail Custom 
Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2007 Harley Davidson 
FXSTC Soft Tail Custom Motorcycles.
    Notice of Petition Published at: 72 FR 59590 (October 22, 2007).
    Vehicle Eligibility Number: VSP-499 (effective date November 28, 
2007).

11. Docket No. NHTSA-2007-0008

    Nonconforming Vehicles: 1993 Ducati 888 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1993 Ducati 888 
Motorcycles.
    Notice of Petition Published at: 72 FR 59589 (October 22, 2007).
    Vehicle Eligibility Number: VSP-500 (effective date November 28, 
2007).

12. Docket No. NHTSA-2007-0036

    Nonconforming Vehicles: 1992 Alfa Romeo Spyder Passenger Cars.
    Substantially Similar U.S. Certified Vehicles: 1992 Alfa Romeo 
Spyder Passenger Cars.
    Notice of Petition Published at: 72 FR 65833 (November 23, 2007).
    Vehicle Eligibility Number: VSP-503 (effective date January 16, 
2008).

13. Docket No. NHTSA-2007-0021

    Nonconforming Vehicles: 2000-2003 BMW C1 Motorcycles. Because there 
are no substantially similar U.S.-certified version 2000-2003 BMW C1 
Motorcycles, the petitioner sought import eligibility under 49 U.S.C. 
30141(a)(1)(B).
    Notice of Petition Published at: 72 FR 63652 (November 9, 2007).
    Vehicle Eligibility Number: VCP-40 (effective date January 16, 
2008).

[FR Doc. E8-6074 Filed 3-24-08; 8:45 am]

BILLING CODE 4910-59-P
