
[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]               
[Page 51044-51045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-153]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0135]

 
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 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 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: August 25, 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-2007-0023
Nonconforming Vehicles: 2001 Chevrolet Tahoe multipurpose passenger 
vehicles.
Substantially Similar U.S. Certified Vehicles: 2001 Chevrolet Tahoe 
multipurpose passenger vehicles.
Notice of Petition Published at: 72 FR 63651 (November 9, 2007).
Vehicle Eligibility Number: VSP-501 (effective date January 16, 2008).
2. Docket No. NHTSA-2007-0022
Nonconforming Vehicles: 2005 Volkswagen Golf passenger cars.
Substantially Similar U.S. Certified Vehicles: 2005 Volkswagen Golf 
passenger cars.
Notice of Petition Published at: 72 FR 63229 (November 8, 2007).
Vehicle Eligibility Number: VSP-502 (effective date January 16, 2008).
3. Docket No. NHTSA-2008-0051
Nonconforming Vehicles: 2000 Chevrolet Tahoe multipurpose passenger 
vehicle.

[[Page 51045]]

Substantially Similar U.S. Certified Vehicles: 2000 Chevrolet Tahoe 
multipurpose passenger vehicle.
Notice of Petition Published at: 73 FR 16960 (March 31, 2008).
Vehicle Eligibility Number: VSP-504 (effective date May 19, 2008).
4. Docket No. NHTSA-2008-0062
Nonconforming Vehicles: 2005 Jeep Liberty multipurpose passenger 
vehicle.
Substantially Similar U.S. Certified Vehicles: 2005 Jeep Liberty 
multipurpose passenger vehicle.
Notice of Petition Published at: 73 FR 19135 (April 8, 2008).
Vehicle Eligibility Number: VSP-505 (effective date June 2, 2008).
5. Docket No. NHTSA-2008-0092
Nonconforming Vehicles: 2007 Harley Davidson FX, FL, XL, & VR Series 
motorcycles.
Substantially Similar U.S. Certified Vehicles: 2007 Harley Davidson FX, 
FL, XL, & VR Series motorcycles.
Notice of Petition Published at: 73 FR 27025 (May 12, 2008).
Vehicle Eligibility Number: VSP-506 (effective date June 25, 2008).
6. Docket No. NHTSA-2008-0110
Nonconforming Vehicles: 2004-2005 Ferrari 575 passenger cars.
Substantially Similar U.S. Certified Vehicles: 2004-2005 Ferrari 575 
passenger cars.
Notice of Petition Published at: 73 FR 32784 (June 10, 2008).
Vehicle Eligibility Number: VSP-507 (effective date July 16, 2008).
7. Docket No. NHTSA-2008-0117
Nonconforming Vehicles: 2006 Lamborghini Gallardo Roadster passenger 
cars manufactured between January 1, 2006 and August 31, 2006.
Substantially Similar U.S. Certified Vehicles: 2006 Lamborghini 
Gallardo Roadster passenger cars manufactured between January 1, 2006 
and August 31, 2006.
Notice of Petition Published at: 73 FR 36375 (June 26, 2008).
Vehicle Eligibility Number: VSP-508 (effective date August 4, 2008).
8. Docket No. NHTSA-2008-0120
Nonconforming Vehicles: 2004 Land Rover Range Rover multipurpose 
passenger vehicles.
Substantially Similar U.S. Certified Vehicles: 2004 Land Rover Range 
Rover multipurpose passenger vehicles.
Notice of Petition Published at: 73 FR 36373 (June 26, 2008).
Vehicle Eligibility Number: VSP-509 (effective date August 4, 2008).
9. Docket No. NHTSA-2008-0094
Nonconforming Vehicles: 1988-1994 Alpina B12 5.0 Sedan passenger cars.
Because there are no substantially similar U.S.-certified version 1988-
1994 Alpina B12 5.0 Sedan passenger cars, the petitioner sought import 
eligibility under 49 U.S.C. 30141(a)(1)(B).
Notice of Petition Published at: 73 FR 27890 (May 14, 2008).
Vehicle Eligibility Number: VCP-41 (effective date June 25, 2008).

[FR Doc. E8-20062 Filed 8-28-08; 8:45 am]

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