
[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Notices]               
[Page 34524-34526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn10-145]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0078]

 
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 notices 
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 notices 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 
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 is 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.


[[Page 34525]]


    Issued on: June 9, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.

Annex A

Nonconforming Motor Vehicles Decided To Be Eligible for Importation

1. Docket No. NHTSA-2010-0045

    Nonconforming Vehicles: 2006-2007 Mercedes Benz G-Class Long 
Wheelbase Multi-Purpose Passenger Vehicle.
    Substantially Similar U.S. Certified Vehicles: 2006-2007 Mercedes 
Benz G-Class Long Wheelbase Multi-Purpose Passenger Vehicle.
Notice of Petition
    Published at: 75 FR 19461 (April 14, 2010).
    Vehicle Eligibility Number: VSP-527. (Effective date May 25, 2010.)

2. Docket No. NHTSA-2010-0031

    Nonconforming Vehicles: 1991 Porsche 911 Series Passenger Cars.
    Substantially Similar U.S. Certified Vehicles: 1991 Porsche 911 
Series Passenger Cars.
Notice of Petition
    Published at: 75 FR 14484 (March 25, 2010).
    Vehicle Eligibility Number: VSP-526. (Effective date May 20, 2010.)

3. Docket No. NHTSA-2009-0191

    Nonconforming Vehicles: 2005-2006 Mercedes Benz S Class Passenger 
Cars Manufactured Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2005-2006 Mercedes 
Benz S Class Passenger Cars Manufactured Before September 1, 2006.
Notice of Petition
    Published at: 75 FR 1117 (January 8, 2010).
    Vehicle Eligibility Number: VSP-525. (Effective date February 22, 
2010.)

4. Docket No. NHTSA-2009-193

    Nonconforming Vehicles: 2001-2002 Ducati MH900E Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2001-2002 Ducati 
MH900E Motorcycles.
Notice of Petition
    Published at: 75 FR 1681 (January 12, 2010).
    Vehicle Eligibility Number: VSP-524. (Effective date February 22, 
2010.)

5. Docket No. NHTSA-2009-0169

    Nonconforming Vehicles: 1994-1999 Bimota SB6 Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 1994-1999 Bimota SB6 
Motorcycles.
Notice of Petition
    Published at: 74 FR 57734 (November 9, 2009).
    Vehicle Eligibility Number: VSP-523. (Effective date December 29, 
2009.)

6. Docket No. NHTSA-2009-0161

    Nonconforming Vehicles: 2009 Harley Davidson FX, FL, XL and VR 
Series Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2009 Harley Davidson 
FX, FL, XL and VR Series Motorcycles.
Notice of Petition
    Published at: 74 FR 51943 (October 8, 2009).
    Vehicle Eligibility Number: VSP-522. (Effective date November 18, 
2009.)

7. Docket No. NHTSA-2009-0148

    Nonconforming Vehicles: 2003-2006 Mercedes Benz C Class (W203 
Chassis) Passenger Cars Manufactured Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2003-2006 Mercedes 
Benz C Class (W203 Chassis) Passenger Cars Manufactured Before 
September 1, 2006.
Notice of Petition
    Published at: 74 FR 42734 (August 24, 2009).
    Vehicle Eligibility Number: VSP-521. (Effective date October 20, 
2009.)

8. Docket No. NHTSA-2009-0102

    Nonconforming Vehicles: 2006 BMW M3 Passenger Cars Manufactured 
Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2006 BMW M3 
Passenger Cars Manufactured Before September 1, 2006.
Notice of Petition
    Published at: 74 FR 26762 (June 3, 2009).
    Vehicle Eligibility Number: VSP-520. (Effective date July 29, 
2009.)

9. Docket No. NHTSA-2009-0101

    Nonconforming Vehicles: 2006 Porsche Cayenne Multipurpose Passenger 
Vehicles Manufactured Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2006 Porsche Cayenne 
Multipurpose Passenger Vehicles Manufactured Before September 1, 2006.
Notice of Petition
    Published at: 74 FR 26764 (June 3, 2009).
    Vehicle Eligibility Number: VSP-519. (Effective date July 29, 
2009.)

10. Docket No. NHTSA-2009-0094

    Nonconforming Vehicles: 2006 Ferrari 599 Passenger Cars 
Manufactured Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2006 Ferrari 599 
Passenger Cars Manufactured Before September 1, 2006.
Notice of Petition
    Published at: 74 FR 24895 (May 26, 2009).
    Vehicle Eligibility Number: VSP-518. (Effective date July 7, 2009.)

11. Docket No. NHTSA-2009-0067

    Nonconforming Vehicles: 2008 Harley Davidson FX, FL, XL and VR 
Series Motorcycles.
    Substantially Similar U.S. Certified Vehicles: 2008 Harley Davidson 
FX, FL, XL and VR Series Motorcycles.
Notice of Petition
    Published at: 74 FR 18036 (April 20, 2009).
    Vehicle Eligibility Number: VSP-517. (Effective date May 27, 2009.)

12. Docket No. NHTSA-2009-0212

    Nonconforming Vehicles: 2007 Chevrolet Trailblazer Multipurpose 
Passenger Vehicle Manufactured Before September 1, 2007, for sale in 
Kuaiti Market.
    Substantially Similar U.S. Certified Vehicles: 2007 Chevrolet 
Trailblazer Multipurpose Passenger Vehicle Manufactured Before 
September 1, 2007.
Notice of Petition
    Published at: 74 FR 1276 (January 12, 2009).
    Vehicle Eligibility Number: VSP-514. (Effective date February 18, 
2009.)

13. Docket No. NHTSA-2008-0186

    Nonconforming Vehicles: 2005-2006 Porsche 911 Carrera Cabriolet 
Passenger Cars Manufactured Before September 1, 2006.
    Substantially Similar U.S. Certified Vehicles: 2005-2006 Porsche 
911 Carrera Cabriolet Passenger Cars Manufactured Before September 1, 
2006.
Notice of Petition
    Published at: 73 FR 75172 (December 10, 2008).
    Vehicle Eligibility Number: VSP-513. (Effective date January 16, 
2009.)

14. Docket No. NHTSA-2008-0139

    Nonconforming Vehicles: 2005-2006 Mercedes Benz SLK Class (171 
Chassis) Passenger Cars.

[[Page 34526]]

    Substantially Similar U.S. Certified Vehicles: 2005-2006 Mercedes 
Benz SLK Class (171 Chassis) Passenger Cars.
Notice of Petition
    Published at: 73 FR 51550 (September 3, 2008).
    Vehicle Eligibility Number: VSP-511. (Effective date October 14, 
2008.)

15. Docket No. NHTSA-2010-0014

    Nonconforming Vehicles: 2009 AL-SPAW EMA Mobile Stage Trailers.
    Because there are no substantially similar U.S.-certified version 
2009 AL-SPAW EMA Mobile Stage Trailers, the petitioner sought import 
eligibility under 49 U.S.C. 30141 (a) (1) (B).
Notice of Petition
    Published at: 75 FR 9019 (February 26, 2010).
    Vehicle Eligibility Number: VCP-42. (Effective date April 6, 2010.)

[FR Doc. 2010-14565 Filed 6-16-10; 8:45 am]
BILLING CODE 4910-59-P

