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380 Part 593—Determinations That a Vehicle Not

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380 Part 593—Determinations That a Vehicle Not Pt. 593 49 CFR Ch. V (10–1–18 Edition) deemed to be released from custody if Traffic and Motor Vehicle Safety Act, it is not located at a duly identified fa- as amended (15 U.S.C. 1397(c)), for mak- cility of the Registered Importer and ing determinations whether a vehicle the Registered Importer has not noti- that was not originally manufactured fied the Administrator in writing of to conform with all applicable Federal the vehicle’s location or, if written no- motor vehicle safety standards, and is tice has been provided, if the Adminis- not otherwise eligible for importation trator is unable to inspect the vehicle, under part 591 of this chapter, may be or if the Registered Importer has trans- imported into the United States be- ferred title to any other person regard- cause it can be modified to meet the less of the vehicle’s location; or Federal standards. (f) Fails to deliver the vehicle, or cause it to be delivered, to the custody § 593.2 Purpose. of the Bureau of Customs and Border The purpose of this part is to provide Protection at any port of entry, for ex- content and format requirements for port or abandonment to the United any Registered Importer and manufac- States, and to execute all documents turer who wishes to petition the Ad- necessary to accomplish such purposes, ministrator for a determination that a if the Administrator has furnished it vehicle not originally manufactured to written notice that the vehicle has conform to all applicable Federal been found not to comply with all ap- motor vehicle safety standards is eligi- plicable Federal motor vehicle safety ble to be imported into the United standards along with a demand that States because it can be modified to the vehicle be delivered for export or meet the standards. The purpose of this abandoned to the United States. part is also to specify procedures under which the Administrator makes eligi- [69 FR 52100, Aug. 24, 2004] bility determinations pursuant to those petitions as well as eligibility de- PART 593—DETERMINATIONS THAT terminations on the agency’s initia- A VEHICLE NOT ORIGINALLY tive. MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE § 593.3 Applicability. SAFETY STANDARDS IS ELIGIBLE This part applies to a motor vehicle FOR IMPORTATION that was not originally manufactured and certified by its original manufac- Sec. turer to conform with all applicable 593.1 Scope. Federal motor vehicle safety standards 593.2 Purpose. and that is offered for importation into 593.3 Applicability. the United States. 593.4 Definitions. 593.5 Petitions for eligibility determina- § 593.4 Definitions. tions. 593.6 Basis for petition. All terms in this part that are de- 593.7 Processing of petitions. fined in section 102 of the National 593.8 Determinations on the agency’s initia- Traffic and Motor Vehicle Safety Act tive. (15 U.S.C. 1391) are used as defined 593.9 Effect of affirmative determinations; therein. lists. Administrator means the Adminis- 593.10 Availability for public inspection. trator of the National Highway Traffic APPENDIX A TO PART 593—LIST OF VEHICLES Safety Administration. DETERMINED TO BE ELIGIBLE FOR IMPOR- Model year means the year used by a TATION manufacturer to designate a discrete AUTHORITY: 49 U.S.C. 322 and 30141(b); dele- vehicle model irrespective of the cal- gation of authority at 49 CFR 1.95. endar year in which the vehicle was ac- SOURCE: 54 FR 40099, Sept. 29, 1989, unless tually produced, or the model year as otherwise noted. designated by the vehicle’s country of origin, or, if neither the manufacturer § 593.1 Scope. nor the country of origin has made This part establishes procedures such a designation, the calendar year under section 108(c) of the National (i.e., January 1 through December 31) 380 VerDate Sep<11>2014 08:32 Feb 22, 2019 Jkt 244231 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:\SGML\244231.XXX 244231 jstallworth on DSKBBY8HB2PROD with CFR Nat’l Highway Traffic Safety Admin., DOT § 593.6 in which manufacturing operations are (6) Specify any part of the informa- completed on the vehicle at its place of tion and data submitted which peti- main assembly. tioner requests be withheld from public NHTSA means the National Highway disclosure in accordance with part 512 Traffic Safety Administration. of this chapter; and Registered Importer means any person (7) Submit a certified check payable who has been granted registered im- to the Treasurer of the United States, porter status by the Administrator for the amount of the vehicle eligi- pursuant to paragraph 592.5(b) of this bility petition fee established pursuant chapter, and whose registration has to part 594 of this chapter. not been revoked. (c) The knowing and willful submis- sion of false, fictitious or fraudulent [54 FR 40099, Sept. 29, 1989, as amended at 76 information may subject the petitioner FR 53080, Aug. 25, 2011] to the criminal penalties of 18 U.S.C. § 593.5 Petitions for eligibility deter- 1001. minations. [54 FR 40099, Sept. 29, 1989, as amended at 55 (a) A manufacturer or Registered Im- FR 37330, Sept. 11, 1990; 76 FR 53080, Aug. 25, porter may petition the Administrator 2011] for a determination that a vehicle that does not comply with all applicable § 593.6 Basis for petition. Federal motor vehicle safety standards (a) If the basis for the petition is that is eligible for importation, either the vehicle is substantially similar to a (1) On the basis that the vehicle: vehicle which was originally manufac- (i) Is substantially similar to a vehi- tured for importation into and sale in cle which was originally manufactured the United States, and which was cer- for importation into and sale in the tified by its manufacturer pursuant to United States and which bore a certifi- part 567 of this chapter, and that it is cation affixed by its manufacturer pur- capable of being readily modified to suant to part 567 of this chapter, and conform to all applicable Federal (ii) Is capable of being readily modi- motor vehicle safety standards, the pe- fied to conform to all applicable Fed- titioner shall provide the following in- eral motor vehicle safety standards; or formation: (2) On the basis that the vehicle has (1) Identification of the original man- safety features that comply with or are ufacturer, model, and model year of the capable of being modified to comply vehicle for which a determination is with all applicable Federal motor vehi- sought, as well as the type classifica- cle safety standards. tion, as defined by § 571.3 of this chap- (b) Each petition filed under this part ter, (e.g., passenger car, multipurpose must— passenger vehicle, bus, truck, motor- (1) Be written in the English lan- cycle, trailer, low-speed vehicle) and guage; the gross vehicle weight rating (2) Be headed with the words ‘‘Peti- (GVWR) of the substantially similar tion for Import Eligibility Determina- vehicle which was originally manufac- tion’’ and submitted in three copies to: tured for importation into and sale in Director, Office of Vehicle Safety Com- the United States, and which was cer- pliance, National Highway Traffic tified by its manufacturer pursuant to Safety Administration, Fourth Floor, part 567 of this chapter, upon which the Room W43–481, Mail Code NVS–220, 1200 petition is based. New Jersey Avenue, SE., Washington, (2) Identification of the original man- DC 20590. ufacturer, model, and model year of the (3) State the full name and address of vehicle which the petitioner believes to the petitioner. be substantially similar to that for (4) If the petitioner is a Registered which a determination is sought. Importer, include the Registered Im- (3) Substantiation that the manufac- porter Number assigned by NHTSA turer of the vehicle identified by the pursuant to part 592 of this chapter. petitioner under paragraph (a)(2) of (5) Set forth the basis for the petition this section originally manufactured it and the information required by § 593.6 for importation into and sale in the (a) or (b), as appropriate; United States, and affixed a label to it 381 VerDate Sep<11>2014 08:32 Feb 22, 2019 Jkt 244231 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:\SGML\244231.XXX 244231 jstallworth on DSKBBY8HB2PROD with CFR § 593.7 49 CFR Ch. V (10–1–18 Edition) certifying that it complied with all ap- § 593.7 Processing of petitions. plicable Federal motor vehicle safety (a) NHTSA will review each petition standards. for sufficiency under §§ 593.5 and 593.6. (4) Data, views and arguments dem- If the petition does not contain all the onstrating that the vehicle identified information required by this part, by the petitioner under paragraph NHTSA notifies the petitioner, point- (a)(1) of this section is substantially ing out the areas of insufficiency, and similar to the vehicle identified by the stating that the petition will not re- petitioner under paragraph (a)(2) of ceive further consideration until the this section. required information is provided. If the (5) With respect to each Federal additional information is not provided motor vehicle safety standard that ap- within the time specified by NHTSA in plied to the vehicle identified by the its notification, NHTSA may dismiss petitioner under paragraph (a)(2) of the petition as incomplete, and so no- this section, data, views, and argu- tify the petitioner. When the petition ments demonstrating that the vehicle is complete, its processing continues. identified by the petitioner under para- (b) NHTSA publishes in the FEDERAL graph (a)(1) of this section either was REGISTER, affording opportunity for originally manufactured to conform to comment, a notice of each petition such standard, or is capable of being containing the information required by readily modified to conform to such this part.
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