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VSA‑83 All trailers and motorcycles less than 25 years old. NHTSA-2002 12937 96-114
1994-2000 RVF 400 VFR 400 - VSP - 358
Under one of the exceptions to this prohibition, found in 49 U.S.C. § 30141, a motor vehicle that was not originally manufactured to comply with all applicable FMVSS can be lawfully imported into the United States, provided it is determined eligible for importation by NHTSA, and is imported by a registered importer, or by a person who has a contract with a registered importer to bring the vehicle into compliance with all applicable FMVSS following importation. Import eligibility decisions can be made either on the initiative of the Administrator or on the petition of a manufacturer or registered importer. One basis for determining a motor vehicle eligible for importation is that it 1) is substantially similar to a motor vehicle of the same model year that was manufactured for sale in the United States and certified by its manufacturer as complying with all applicable FMVSS and 2) is capable of being readily altered to comply with all applicable FMVSS. See 49 U.S.C. § 30141(a)(1)(A). Where there is no substantially similar U.S.-certified motor vehicle of the same model year, a vehicle can only be determined eligible for importation if its safety features comply with, or are capable of being altered to comply, with all applicable FMVSS based on destructive test information or other evidence NHTSA decides is adequate. See 49 U.S.C. § 30141(a)(1)(B).
Sec. 30114. Special exemptions
The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title on terms the Secretary decides are necessary for research, investigations, demonstrations, training, or competitive racing events.
Sec. 30115. Certification of compliance
A manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. A person may not issue the certificate if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. Certification of equipment may be shown by a label or tag on the equipment or on the outside of the container in which the equipment is delivered.
Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable Federal motor vehicle safety standards shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle
Federal Register / Vol. 65, No. 239 / Tuesday, December 12, 2000 / Notices 77691
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 Federal motor vehicle safety standards. 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. Northern California Diagnostic Laboratories, Inc. of Napa, California (‘‘NCDL’’) (Registered Importer 92–011) has petitioned NHTSA to decide whether non-U.S. certified 1994–2000 Honda VFR 400 and RVF 400 motorcycles are eligible for importation into the United States. The vehicles which NCDL believes are substantially similar are 1994–2000 Honda CBR 600 motorcycles that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards. The petitioner claims that it carefully compared 1994–2000 Honda VFR 400 and RVF 400 motorcycles to 1994–2000 Honda CBR 600 motorcycles, and found the vehicles to be substantially similar with respect to compliance with most Federal motor vehicle safety standards. NCDL submitted information with its petition intended to demonstrate that 1994–2000 Honda VFR 400 and RVF 400 motorcycles, as originally manufactured, conform to many Federal motor vehicle safety standards in the same manner as 1994–2000 Honda CBR 600 motorcycles, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that 1994–2000 Honda VFR 400 and RVF 400 motorcycles are identical to 1994– 2000 Honda CBR 600 motorcycles with respect to compliance with Standard Nos. 106 Brake Hoses, 111 Rearview Mirrors, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, and 122 Motorcycle Brake Systems. The petitioner also states that vehicle identification number plates that meet the requirements of 49 CFR Part 565 are already affixed to 1994–2000 Honda VFR 400 and RVF 400 motorcycles. Petitioner additionally contends that the vehicles are capable of being readily altered to meet the following standard, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: (a) replacement of the headlamp system with a U.S.-model component; (b) installation of a red reflector on each side of vehicle at its rear end; (c) installation of an amber reflector on each side of the vehicle at its front end. The petitioner states that the vehicle is equipped with a tail lamp system, a stop lamp system, a license plate lamp, a red rear reflector, and turn signals that are in conformity with the standard. Standard No. 120 Tire Selection and Rims for Vehicles other than Passenger Cars: installation of a tire information label. Standard No. 123 Motorcycle Controls and Displays: installation of a U.S.- model speedometer. The petitioner states that all other controls and displays on the vehicle, including the supplemental engine stop control, conform to the standard. Comments should refer to the docket number and be submitted to:
Docket Management, Room PL–401, 400
Seventh Street, SW., Washington, DC 20590.
Notice of Petition Published at: 67 FR 65833 (October 28, 2002). Vehicle Eligibility Number: VSP–399. 2. Docket No. NHTSA–2002–13534 Nonconforming Vehicles: 1989–1993 Honda VFR 400 and RVF 400 Motorcycles. Because there are no substantially similar U.S.-certified versions of the 1989–1993 Honda VFR 400 and RVF 400, the petition sought import
3. Docket No. NHTSA–2002–13539 Nonconforming Vehicle: 1989–1994 Honda CBR 250 Motorcycles. Because there are no substantially similar U.S.-certified versions of the 1989–1994 Honda CBR 250, the petition sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 67 FR 65836 (October 28, 2002). Vehicle Eligibility Number: VCP–22.