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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 593

[Docket No. NHTSA-2012-0120]

List of Nonconforming Vehicles Decided To Be Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
SUMMARY: This document revises the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2010, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in theFederal Register.
DATES: This rule is effective on October 1, 2012.
FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle Safety Compliance, NHTSA, (202) 366-5308.
SUPPLEMENTARY INFORMATION:

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 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 the Secretary of Transportation decides to be adequate.

Under 49 U.S.C. 30141(a)(1), import eligibility decisions may be made “on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under [49 U.S.C. 30141(c)].” The Secretary's authority to make these decisions has been delegated to NHTSA. The agency publishes notices of eligibility decisions as they are made.

Under 49 U.S.C. 30141(b)(2), a list of all vehicles for which import eligibility decisions have been made must be published annually in theFederal Register. On October 1, 1996, NHTSA added the list as an appendix to 49 CFR part 593, the regulations that establish procedures for import eligibility decisions (61 FR 51242). As described in the notice, NHTSA took that action to ensure that the list is more widely disseminated to government personnel who oversee vehicle imports and to interested members of the public. See 61 FR 51242-43. In the notice, NHTSA expressed its intention to annually revise the list as published in the appendix to include any additional vehicles decided by the agency to be eligible for importation since the list was last published. See 61 FR 51243. The agency stated that issuance of the document announcing these revisions will fulfill the annual publication requirements of 49 U.S.C. 30141(b)(2).Ibid.

Regulatory Analyses and Notices A. Executive Order 12866, Regulatory Planning and Review

Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993), provides for making determinations about whether a regulatory action is “significant” and therefore subject to Office of Management and Budget (OMB) review and to the requirements of the Executive Order. The Executive Order defines a “significant regulatory action” as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affects in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. This rule will not have any of these effects and was not reviewed under Executive Order 12866. It is not significant within the meaning of the DOT Regulatory Policies and Procedures. The effect of this rule is not to impose new requirements. Instead it provides a summary compilation of decisions on import eligibility that have already been made and does not involve new decisions. This rule will not impose any additional burden on any person. Accordingly, the agency believes that the preparation of a regulatory evaluation is not warranted for this rule.

B. Environmental Impacts

We have not conducted an evaluation of the impacts of this rule under the National Environmental Policy Act. This rule does not impose any change that would result in any impacts to the quality of the human environment. Accordingly, no environmental assessment is required.

C. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act, we have considered the impacts of this rule on small entities (5 U.S.C. 601et seq.). I certify that this rule will not have a significant economic impact upon a substantial number of small entities within the context of the Regulatory Flexibility Act.

The following is our statement providing the factual basis for the certification (5 U.S.C. 605(b)). This rule will not have any significant economic impact on a substantial number of small businesses because the rule merely furnishes information by revising the list in the Code of Federal Regulations of vehicles for which import eligibility decisions have previously been made. Accordingly, we have not prepared a Final Regulatory Flexibility Analysis.

D. Executive Order 13132, Federalism

Executive Order 13132 requires NHTSA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” Executive Order 13132 defines the term “Policies that have federalism implications” to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Under Executive Order 13132, NHTSA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or NHTSA consults with State and local officials early in the process of developing the regulation.

This rule will have no direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government as specified in Executive Order 13132. Thus, the requirements of section 6 of the Executive Order do not apply to this rule.

E. The Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. This rule will not result in additional expenditures by State, local or tribal governments or by any members of the private sector. Therefore, the agency has not prepared an economic assessment pursuant to the Unfunded Mandates Reform Act.

F. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501et seq.), a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. This rule does not impose any new collection of information requirements for which a 5 CFR part 1320 clearance must be obtained. DOT previously submitted to OMB and OMB approved the collection of information associated with the vehicle importation program in OMB Clearance No. 2127-0002.

G. Civil Justice Reform

Pursuant to Executive Order 12988, “Civil Justice Reform,” we have considered whether this rule has any retroactive effect. We conclude that it will not have such an effect.

H. Plain Language

Executive Order 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions:

—Have we organized the material to suit the public's needs? —Are the requirements in the rule clearly stated? —Does the rule contain technical language or jargon that is not clear? —Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? —Would more (but shorter) sections be better? —Could we improve clarity by adding tables, lists, or diagrams? —What else could we do to make the rule easier to understand?

If you wish to do so, please comment on the extent to which this final rule effectively uses plain language principles.

I. National Technology Transfer and Advancement Act

Under the National Technology and Transfer and Advancement Act of 1995 (Pub. L. 104-113), “all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.”

This rule does not require the use of any technical standards.

J. Privacy Act

Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in theFederal Registerpublished on April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

K. Executive Order 13045, Economically Significant Rules Disproportionately Affecting Children

This rule is not subject to Executive Order 13045 because it is not “economically significant” as defined under Executive Order 12866, and does not concern an environmental, health, or safety risk that NHTSA has reason to believe may have a disproportionate effect on children.

L. Notice and Comment

NHTSA finds that prior notice and opportunity for comment are unnecessary under 5 U.S.C. 553(b)(3)(B) because this action does not impose any regulatory requirements. This rule merely revises the list of vehicles not originally manufactured to conform to the FMVSS that NHTSA has decided to be eligible for importation into the United States since the last list was published in September, 2010.

In addition, so that the list of vehicles for which import eligibility decisions have been made may be included in the next edition of 49 CFR parts 572 to 599, which is due for revision on October 1, 2011, good cause exists to dispense with the requirement in 5 U.S.C. 553(d) for the effective date of the rule to be delayed for at least 30 days following its publication.

List of Subjects in 49 CFR Part 593

Imports, Motor vehicle safety, Motor vehicles.

In consideration of the foregoing, Part 593 of Title 49 of the Code of Federal Regulations is amended as follows:

PART 593—[AMENDED] 1. The authority citation for Part 593 is revised to read as follows: Authority:

49 U.S.C. 322 and 30141(b); delegation of authority at 49 CFR 1.95.

2. Appendix A to Part 593 is revised to read as follows: Appendix A to Part 593—List of Vehicles Determined To Be Eligible for Importation

(a) Each vehicle on the following list is preceded by a vehicle eligibility number. The importer of a vehicle admissible under any eligibility decision must enter that number on the HS-7 Declaration Form accompanying entry to indicate that the vehicle is eligible for importation.

(1) “VSA” eligibility numbers are assigned to all vehicles that are decided to be eligible for importation on the initiative of the Administrator under § 593.8.

(2) “VSP” eligibility numbers are assigned to vehicles that are decided to be eligible under § 593.7(f), based on a petition from a manufacturer or registered importer submitted under § 593.5(a)(1), whichestablishes that a substantially similar U.S.-certified vehicle exists.

(3) “VCP” eligibility numbers are assigned to vehicles that are decided to be eligible under § 593.7(f), based on a petition from a manufacturer or registered importer submitted under § 593.5(a)(2), which establishes that the vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.

(b) Vehicles for which eligibility decisions have been made are listed alphabetically, first by make and then by model.

(c) All hyphens used in the Model Year column mean “through” (for example, “1989-1991” means “1989 through 1991”).

(d) The initials “MC” used in the Make column mean “Motorcycle.”

(e) The initials “SWB” used in the Model Type column mean “Short Wheel Base.”

(f) The initials “LWB” used in the Model Type column mean “Long Wheel Base.”

(g) For vehicles with a European country of origin, the term “Model Year” ordinarily means calendar year in which the vehicle was produced.

(h) All vehicles are left-hand-drive (LHD) vehicles unless noted as RHD. The initials “RHD” used in the Model Type column mean “Right-Hand-Drive.”

Vehicles Certified by Their Original Manufacturer as Complying With All Applicable Canadian Motor Vehicle Safety Standards VSA-80 (a) All passenger cars less than 25 years old that were manufactured before September 1, 1989; (a) All passenger cars less than 25 years old that were manufactured before September 1, 1989; (b) All passenger cars manufactured on or after September 1, 1989, and before September 1, 1996, that, as originally manufactured, are equipped with an automatic restraint system that complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 208; (c) All passenger cars manufactured on or after September 1, 1996, and before September 1, 2002, that, as originally manufactured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS No. 214; (d) All passenger cars manufactured on or after September 1, 2002, and before September 1, 2007, that, as originally manufactured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS Nos. 201, 214, 225, and 401; (e) All passenger cars manufactured on or after September 1, 2007, and before September 1, 2008, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401; (f) All passenger cars manufactured on or after September 1, 2008 and before September 1, 2009 that, as originally manufactured, comply with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; (g) All passenger cars manufactured on or after September 1, 2009 and before September 1, 2010 that, as originally manufactured, comply with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; (h) All passenger cars manufactured on or after September 1, 2010 and before September 1, 2011 that, as originally manufactured, comply with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, and 225; (i) All passenger cars manufactured on or after September 1, 2011 and before September 1, 2017 that, as originally manufactured, comply with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225. VSA-81 (a) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that are less than 25 years old and that were manufactured before September 1, 1991; (b) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manufactured on and after September 1, 1991, and before September 1, 1993 and that, as originally manufactured, comply with FMVSS Nos. 202 and 208; (c) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manufactured on or after September 1, 1993, and before September 1, 1998, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, and 216; (d) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manufactured on or after September 1, 1998, and before September 1, 2002, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, 214, and 216; (e) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manufactured on or after September 1, 2002, and before September 1, 2007, and that, as originally manufactured, comply with FMVSS Nos. 201, 202, 208, 214, and 216, and, insofar as it is applicable, with FMVSS No. 225; (f) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2007 and before September 1, 2008, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (g) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2008 and before September 1, 2009, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (h) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2009 and before September 1, 2011, that, as originally manufactured, comply with FMVSS Nos. 118, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (i) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2011 and before September 1, 2012, that, as originally manufactured, comply with FMVSS Nos. 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (j) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2012 and before September 1, 2017, that, as originally manufactured, comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 222, and 225; VSA-82 All multipurpose passenger vehicles, trucks, and buses with a GVWR greater than 4,536 kg (10,000 lb) that are less than 25 years old. VSA-83 All trailers and motorcycles less than 25 years old. Vehicles Manufactured for Other Than the Canadian Market Make Model type(s) Body Model year(s) VSP VSA VCP Acura Legend 1988 51 Acura Legend 1989 77 Acura Legend 1990-1992 305 Alfa Romeo 164 1989 196 Alfa Romeo 164 1991 76 Alfa Romeo 164 1994 156 Alfa Romeo Spider 1992 503 Alpina B11 Sedan 1988-1994 48 Alpina B12 5.0 Sedan 1988-1994 41 Alpina B12 Coupe 1989-1996 43 Al-Spaw EMA Mobile Stage Trailer 2009 42 Aston Martin Vanquish 2002-2004 430 Aston Martin Vantage 2006-2007 530 Audi 80 1988-1989 223 Audi 100 1989 93 Audi 100 1993 244 Audi 100 1990-1992 317 Audi A4 1996-2000 352 Audi A4, RS4, S4 8D 2000-2001 400 Audi A6 1998-1999 332 Audi A8 2000 424 Audi A8 1997-2000 337 Audi A8 Avant Quattro 1996 238 Audi RS6 & RS Avant 2003 443 Audi S6 1996 428 Audi S8 2000 424 Audi TT 2000-2001 364 Bentley Arnage (manufactured 1/1/01-12/31/01) 2001 473 Bentley Azure (LHD & RHD) 1998 485 Bimota (MC) DB4 2000 397 Bimota (MC) SB6 1994-1999 523 Bimota (MC) SB8 1999-2000 397 BMW 3 Series 1998 462 BMW 3 Series 1999 379 BMW 3 Series 2000 356 BMW 3 Series 2001 379 BMW 3 Series 1995-1997 248 BMW 3 Series 2003-2004 487 BMW 318i, 318iA 1988-1989 23 BMW 320i 1990-1991 283 BMW 325i 1991 96 BMW 325i 1992-1996 197 BMW 325i, 325iA 1988-1989 30 BMW 325iS, 325iSA 1988-1989 31 BMW 325iX 1990 205 BMW 325iX, 325iXA 1988-1989 33 BMW 5 Series 2000 345 BMW 5 Series 1990-1995 194 BMW 5 Series 1995-1997 249 BMW 5 Series 1998-1999 314 BMW 5 Series 2000-2002 414 BMW 5 Series 2003-2004 450 BMW 520iA 1989 9 BMW 525i 1989 5 BMW 528e, 528eA 1988 21 BMW 635CSi, 635CSiA 1988-1989 27 BMW 7 Series 1992 232 BMW 7 Series 1990-1991 299 BMW 7 Series 1993-1994 299 BMW 7 Series 1995-1999 313 BMW 7 Series 1999-2001 366 BMW 730iA 1988 6 BMW 735i, 735iA 1988-1989 28 BMW 8 Series 1991-1995 361 BMW 850 Series 1997 396 BMW 850i 1990 10 BMW All other passenger car models except those in the M1 and Z1 series 1988-1989 78 BMW M3 1988-1989 35 BMW M3 (manufactured prior to 9/1/06) 2006 520 BMW M5 1988 34 BMW M6 1988 32 BMW X5 (manufactured 1/1/03-12/31/04) 2003-2004 459 BMW Z3 1996-1998 260 BMW Z3 (European market) 1999 483
BMW Z8 2002 406 BMW Z8 2000-2001 350 BMW (MC) C1 2000-2003 40 BMW (MC) K1 1990-1993 228 BMW (MC) K100 1988-1992 285 BMW (MC) K1100, K1200 1993-1998 303 BMW (MC) K75 1996 36 BMW (MC) K75S 1988-1995 229 BMW (MC) R1100 1994-1997 231 BMW (MC) R1100 1998-2001 368 BMW (MC) R1100RS 1994 177 BMW (MC) R1150GS 2000 453 BMW (MC) R1200C 1998-2001 359 BMW (MC) R80, R100 1988-1995 295 Buell (MC) All Models 1995-2002 399 Cadillac DeVille 1994-1999 300 Cadillac DeVille (manufactured 8/1/99-12/31/00) 2000 448 Cadillac Seville 1991 375 Cagiva (MC) Gran Canyon 900 1999 444 Carrocerias Cimarron trailer 2006-2007 37 Chevrolet 400SS 1995 150 Chevrolet Astro Van 1997 298 Chevrolet Blazer (plant code of “K” or “2” in the 11th position of the VIN) 1997 349 Chevrolet Blazer (plant code of “K” or “2” in the 11th position of the VIN) 2001 461 Chevrolet Camaro 1999 435 Chevrolet Cavalier 1997 369 Chevrolet Corvette 1992 365 Chevrolet Corvette Coupe 1999 419 Chevrolet Suburban 1989-1991 242 Chevrolet Tahoe 2000 504 Chevrolet Tahoe 2001 501 Chevrolet Trailblazer (manufactured prior to 9/1/07 for sale in the Kuwaiti market) 2007 514 Chrysler Daytona 1992 344 Chrysler Grand Voyager 1998 373 Chrysler LHS (Mexican market) 1996 276 Chrysler Shadow (Middle Eastern market) 1989 216 Chrysler Town and Country 1993 273 Citroen XM 1990-1992 1 Dodge Durango 2007 534 Dodge Ram 1994-1995 135 Dodge Ram 1500 Laramie Crew Cab 2009 535 Ducati (MC) 600SS 1992-1996 241 Ducati (MC) 748 1999-2003 421 Ducati (MC) 748 Biposto 1996-1997 220 Ducati (MC) 851 1988 498 Ducati (MC) 888 1993 500 Ducati (MC) 900 2001 452 Ducati (MC) 900SS 1991-1996 201 Ducati (MC) 916 1999-2003 421 Ducati (MC) 996 Biposto 1999-2001 475 Ducati (MC) 996R 2001-2002 398 Ducati (MC) MH900E 2001-2002 524 Ducati (MC) Monster 600 2001 407 Ducati (MC) ST4S 1999-2005 474 Eagle Vision 1994 323 Ferrari 208, 208 Turbo (all models) 1988 76 Ferrari 328 (all models) 1988-1989 37 Ferrari 348 TB 1992 86 Ferrari 348 TS 1992 161 Ferrari 360 2001 376 Ferrari 360 (manufactured after 9/31/02) 2002 433 Ferrari 360 (manufactured before 9/1/02) 2002 402 Ferrari 360 Modena 1999-2000 327 Ferrari 360 Series 2004 446 Ferrari 360 Spider & Coupe 2003 410 Ferrari 456 1995 256 Ferrari 456 GT & GTA 1999 445 Ferrari 456 GT & GTA 1997-1998 408 Ferrari 512 TR 1993 173 Ferrari 550 2001 377 Ferrari 550 Marinello 1997-1999 292 Ferrari 575 2002-2003 415 Ferrari 575 2004-2005 507 Ferrari 599 (manufactured prior to 9/1/06) 2006 518 Ferrari Enzo 2003-2004 436 Ferrari F355 1995 259 Ferrari F355 1999 391 Ferrari F355 1996-1998 355 Ferrari F430 (manufactured prior to 9/1/06) 2005-2006 479 Ferrari F50 1995 226 Ferrari Mondial (all models) 1988-1989 74 Ferrari Testarossa 1988 39 Ferrari Testarossa 1989 39 Ford Bronco (manufactured in Venezuela) 1995-1996 265 Ford Escort (Nicaraguan market) 1996 322 Ford Escort RS Cosworth 1994-1995 9 Ford Explorer (manufactured in Venezuela) 1991-1998 268 Ford F150 2000 425 Ford Mustang 1993 367 Ford Mustang 1997 471 Ford Windstar 1995-1998 250 Freightliner FLD12064ST 1991-1996 179