DOT 49 CFR PART 593-2010 DETERMINATIONS THAT A VEHICLE NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IS ELIGIBLE FOR IMPORTATION.pdf

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1、333 Natl Highway Traffic Safety Admin., DOT 593.2 (c) Fails to cause a motor vehicle to be available for inspection if it has re-ceived written notice from the Admin-istrator that an inspection is required; (d) Releases the motor vehicle before the Administrator accepts the certifi-cation and any mo

2、dification thereof, if it has received written notice from the Administrator that there is reason to believe that the certification is false or contains a misrepresentation; (e) Before the bond is released, re-leases custody of the motor vehicle to any person for license or registration for use on p

3、ublic roads, streets, and highways, or licenses or registers the vehicle, including titling the vehicle in the name of another person, unless 30 calendar days have elapsed after the Registered Importer has filed a com-plete certification under 592.6(d), and the Registered Importer has not re-ceived

4、written notice pursuant to para-graph (a)(3) or (a)(4) of this section. For purposes of this part, a vehicle is deemed to be released from custody if it is not located at a duly identified fa-cility of the Registered Importer and the Registered Importer has not noti-fied the Administrator in writing

5、 of the vehicles location or, if written no-tice has been provided, if the Adminis-trator is unable to inspect the vehicle, or if the Registered Importer has trans-ferred title to any other person regard-less of the vehicles location; or (f) Fails to deliver the vehicle, or cause it to be delivered,

6、 to the custody of the Bureau of Customs and Border Protection at any port of entry, for ex-port or abandonment to the United States, and to execute all documents necessary to accomplish such purposes, if the Administrator has furnished it written notice that the vehicle has been found not to comply

7、 with all ap-plicable Federal motor vehicle safety standards along with a demand that the vehicle be delivered for export or abandoned to the United States. 69 FR 52100, Aug. 24, 2004 PART 593DETERMINATIONS THAT A VEHICLE NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STA

8、NDARDS IS ELIGIBLE FOR IMPORTATION Sec. 593.1 Scope. 593.2 Purpose. 593.3 Applicability. 593.4 Definitions. 593.5 Petitions for eligibility determina-tions. 593.6 Basis for petition. 593.7 Processing of petitions. 593.8 Determinations on the agencys initia-tive. 593.9 Effect of affirmative determina

9、tions; lists. 593.10 Availability for public inspection. APPENDIX A TO PART 593LIST OF VEHICLES DETERMINED TO BE ELIGIBLE FOR IMPOR-TATION AUTHORITY: 49 U.S.C. 322 and 30141(b); dele-gation of authority at 49 CFR 1.50. SOURCE: 54 FR 40099, Sept. 29, 1989, unless otherwise noted. 593.1 Scope. This pa

10、rt establishes procedures under section 108(c) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1397(c), for mak-ing determinations whether a vehicle that was not originally manufactured to conform with all applicable Federal motor vehicle safety standards, and is not othe

11、rwise eligible for importation under part 591 of this chapter, may be imported into the United States be-cause it can be modified to meet the Federal standards. 593.2 Purpose. The purpose of this part is to provide content and format requirements for any Registered Importer and manufac-turer who wis

12、hes to petition the Ad-ministrator for a determination that a vehicle not originally manufactured to conform to all applicable Federal motor vehicle safety standards is eligi-ble to be imported into the United States because it can be modified to meet the standards. The purpose of this part is also

13、to specify procedures under which the Administrator makes eligi-bility determinations pursuant to VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking pe

14、rmitted without license from IHS-,-,-334 49 CFR Ch. V (10110 Edition) 593.3 those petitions as well as eligibility de-terminations on the agencys initia-tive. 593.3 Applicability. This part applies to a motor vehicle that was not originally manufactured and certified by its original manufac-turer to

15、 conform with all applicable Federal motor vehicle safety standards and that is offered for importation into the United States. 593.4 Definitions. All terms in this part that are de-fined in section 102 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391) are used as defined therein

16、. Administrator means the Adminis-trator of the National Highway Traffic Safety Administration. Model year means the year used by a manufacturer to designate a discrete vehicle model irrespective of the cal-endar year in which the vehicle was ac-tually produced, or the model year as designated by th

17、e vehicles country of origin, or, if neither the manufacturer nor the country of origin has made such a designation, the calendar year that begins on September 1 and ends on August 31 of the next calendar year. NHTSA means the National Highway Traffic Safety Administration. Registered Importer means

18、 any person who has been granted registered im-porter status by the Administrator pursuant to paragraph 592.5(b) of this chapter, and whose registration has not been revoked. 593.5 Petitions for eligibility deter-minations. (a) A manufacturer or Registered Im-porter may petition the Administrator fo

19、r a determination that a vehicle that does not comply with all applicable Federal motor vehicle safety standards is eligible for importation, either (1) On the basis that the vehicle: (i) Is substantially similar to a vehi-cle which was originally manufactured for importation into and sale in the Un

20、ited States and which bore a certifi-cation affixed by its manufacturer pur-suant to part 567 of this chapter, and (ii) Is capable of being readily modi-fied to conform to all applicable Fed-eral motor vehicle safety standards; or (2) On the basis that the vehicle has safety features that comply wit

21、h or are capable of being modified to comply with all applicable Federal motor vehi-cle safety standards. (b) Each petition filed under this part must (1) Be written in the English lan-guage; (2) Be headed with the words Peti-tion for Import Eligibility Determina-tion and submitted in three copies t

22、o: Administrator, National Highway Traf-fic Safety Administration, Room 6115, 400 7th Street SW., Washington, DC 20590, Attn: NEF32 Import Eligibility Determinations; (3) State the full name and address of the petitioner. (4) If the petitioner is a Registered Importer, include the Registered Im-port

23、er Number assigned by NHTSA pursuant to part 592 of this chapter. (5) Set forth the basis for the petition and the information required by 593.6 (a) or (b), as appropriate; (6) Specify any part of the informa-tion and data submitted which peti-tioner requests be withheld from public disclosure in ac

24、cordance with part 512 of this chapter; and (7) Submit a certified check payable to the Treasurer of the United States, for the amount of the vehicle eligi-bility petition fee established pursuant to part 594 of this chapter. (c) The knowing and willful submis-sion of false, fictitious or fraudulent

25、 information may subject the petitioner to the criminal penalties of 18 U.S.C. 1001. 54 FR 40099, Sept. 29, 1989, as amended at 55 FR 37330, Sept. 11, 1990 593.6 Basis for petition. (a) If the basis for the petition is that the vehicle is substantially similar to a vehicle which was originally manuf

26、ac-tured for importation into and sale in the United States, and which was cer-tified by its manufacturer pursuant to part 567 of this chapter, and that it is capable of being readily modified to conform to all applicable Federal VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00344 Fmt 8

27、010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-335 Natl Highway Traffic Safety Admin., DOT 593.7 motor vehicle safety standards, the pe-titioner shall provide the following in-fo

28、rmation: (1) Identification of the original man-ufacturer, model, and model year of the vehicle for which a determination is sought. (2) Identification of the original man-ufacturer, model, and model year of the vehicle which the petitioner believes to be substantially similar to that for which a de

29、termination is sought. (3) Substantiation that the manufac-turer of the vehicle identified by the petitioner under paragraph (a)(2) of this section originally manufactured it for importation into and sale in the United States, and affixed a label to it certifying that it complied with all ap-plicabl

30、e Federal motor vehicle safety standards. (4) Data, views and arguments dem-onstrating that the vehicle identified by the petitioner under paragraph (a)(1) of this section is substantially similar to the vehicle identified by the petitioner under paragraph (a)(2) of this section. (5) With respect to

31、 each Federal motor vehicle safety standard that ap-plied to the vehicle identified by the petitioner under paragraph (a)(2) of this section, data, views, and argu-ments demonstrating that the vehicle identified by the petitioner under para-graph (a)(1) of this section either was originally manufact

32、ured to conform to such standard, or is capable of being readily modified to conform to such standard. (b) If the basis of the petition is that the vehicles safety features comply with or are capable of being modified to comply with all applicable Federal motor vehicle safety standards, the pe-titio

33、ner shall provide the following in-formation: (1) Identification of the model and model year of the vehicle for which a determination is sought. (2) With respect to each Federal motor vehicle safety standard that would have applied to such vehicle had it been originally manufactured for im-portation

34、 into and sale in the United States, data, views, and arguments demonstrating that the vehicle has safety features that comply with or are capable of being modified to conform with such standard. The latter dem-onstration shall include a showing that after such modifications, the features will confo

35、rm with such standard. 593.7 Processing of petitions. (a) NHTSA will review each petition for sufficiency under 593.5 and 593.6. If the petition does not contain all the information required by this part, NHTSA notifies the petitioner, point-ing out the areas of insufficiency, and stating that the p

36、etition will not re-ceive further consideration until the required information is provided. If the additional information is not provided within the time specified by NHTSA in its notification, NHTSA may dismiss the petition as incomplete, and so no-tify the petitioner. When the petition is complete

37、, its processing continues. (b) NHTSA publishes in the FEDERAL REGISTER, affording opportunity for comment, a notice of each petition containing the information required by this part. (c) No public hearing, argument, or other formal proceeding is held on a pe-tition filed under this part. (d) If the

38、 Administrator is unable to determine that the vehicle in a peti-tion submitted under 593.6(a) is one that is substantially similar, or (if it is substantially similar) is capable of being readily modified to meet the standards, (s)he notifies the petitioner, and offers the petitioner the oppor-tuni

39、ty to supplement the petition by providing the information required for a petition submitted under paragraph 593.6(b). (e) If the Administrator determines that the petition does not clearly dem-onstrate that the vehicle model is eli-gible for importation, (s)he denies it and notifies the petitioner

40、in writing. (S)he also publishes in the FEDERAL REGISTER a notice of denial and the reasons for it. A notice of denial also states that the Administrator will not consider a new petition covering the model that is the subject of the denial until at least 3 months from the date of the notice of denia

41、l. There is no admin-istrative reconsideration available for petition denials. (f) If the Administrator determines that the petition clearly demonstrates that the vehicle model is eligible for VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218

42、wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-336 49 CFR Ch. V (10110 Edition) 593.8 importation, (s)he grants it and noti-fies the petitioner. (S)he also publishes in the FEDERAL REGISTER a notice of grant and the

43、 reasons for it. 54 FR 40099, Sept. 29, 1989, as amended at 55 FR 37330, Sept. 11, 1990 593.8 Determinations on the agencys initiative. (a) The Administrator may make a determination of eligibility on his or her own initiative. The agency pub-lishes in the FEDERAL REGISTER, afford-ing opportunity fo

44、r comment, a notice containing the information available to the agency (other than confidential information) relevant to the basis upon which eligibility may be determined. (b) No public hearing, argument, or other formal proceeding is held upon a notice published under this section. (c) The Adminis

45、trator publishes a second notice in the FEDERAL REGISTER in which (s)he announces his or her de-termination whether the vehicle is eli-gible or ineligible for importation, and states the reasons for the determina-tion. A notice of ineligibility also an-nounces that no further determination for the s

46、ame model of motor vehicle will be made for at least 3 months fol-lowing the date of publication of the notice. There is no administrative re-consideration available for a decision of ineligibility. 593.9 Effect of affirmative determina-tions; lists. (a) A notice of grant is sufficient au-thority fo

47、r the importation by persons other than the petitioner of any vehi-cle of the same model specified in the grant. (b) The Administrator publishes an-nually in the FEDERAL REGISTER a list of determinations made under Sec. 593.7, and Sec. 593.8. 593.10 Availability for public inspec-tion. (a) Except as

48、 specified in paragraph (b) of this section, information rel-evant to a determination under this part, including a petition and sup-porting data, and the grant or denial of the petition or the making of a deter-mination on the Administrators ini-tiative, is available for public inspec-tion in the Do

49、cket Section, Room 5109, National Highway Traffic Safety Ad-ministration, 400 Seventh St., SW., Washington, DC 20590. Copies of avail-able information may be obtained, as provided in part 7 of this chapter. (b) Except for release of confidential information authorized under part 512 of this chapter, information made available for inspection under para-graph (a) of this section does not in-clude information for which confiden-tiality has been