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333 Part 593—Determinations That A Nat’l Highway Traffic Safety Admin., DOT § 593.2 (c) Fails to cause a motor vehicle to PART 593—DETERMINATIONS THAT be available for inspection if it has re- A VEHICLE NOT ORIGINALLY ceived written notice from the Admin- MANUFACTURED TO CONFORM istrator that an inspection is required; TO THE FEDERAL MOTOR VEHICLE (d) Releases the motor vehicle before SAFETY STANDARDS IS ELIGIBLE the Administrator accepts the certifi- FOR IMPORTATION cation and any modification thereof, if it has received written notice from the Sec. Administrator that there is reason to 593.1 Scope. believe that the certification is false or 593.2 Purpose. contains a misrepresentation; 593.3 Applicability. (e) Before the bond is released, re- 593.4 Definitions. leases custody of the motor vehicle to 593.5 Petitions for eligibility determina- tions. any person for license or registration 593.6 Basis for petition. for use on public roads, streets, and 593.7 Processing of petitions. highways, or licenses or registers the 593.8 Determinations on the agency’s initia- vehicle, including titling the vehicle in tive. the name of another person, unless 30 593.9 Effect of affirmative determinations; calendar days have elapsed after the lists. 593.10 Availability for public inspection. Registered Importer has filed a com- plete certification under § 592.6(d), and APPENDIX A TO PART 593—LIST OF VEHICLES DETERMINED TO BE ELIGIBLE FOR IMPOR- the Registered Importer has not re- TATION ceived written notice pursuant to para- graph (a)(3) or (a)(4) of this section. For AUTHORITY: 49 U.S.C. 322 and 30141(b); dele- gation of authority at 49 CFR 1.50. purposes of this part, a vehicle is deemed to be released from custody if SOURCE: 54 FR 40099, Sept. 29, 1989, unless it is not located at a duly identified fa- otherwise noted. cility of the Registered Importer and § 593.1 Scope. the Registered Importer has not noti- This part establishes procedures fied the Administrator in writing of under section 108(c) of the National the vehicle’s location or, if written no- Traffic and Motor Vehicle Safety Act, tice has been provided, if the Adminis- as amended (15 U.S.C. 1397(c)), for mak- trator is unable to inspect the vehicle, ing determinations whether a vehicle or if the Registered Importer has trans- that was not originally manufactured ferred title to any other person regard- to conform with all applicable Federal less of the vehicle’s location; or motor vehicle safety standards, and is (f) Fails to deliver the vehicle, or not otherwise eligible for importation cause it to be delivered, to the custody under part 591 of this chapter, may be of the Bureau of Customs and Border imported into the United States be- Protection at any port of entry, for ex- cause it can be modified to meet the port or abandonment to the United Federal standards. States, and to execute all documents necessary to accomplish such purposes, § 593.2 Purpose. if the Administrator has furnished it The purpose of this part is to provide written notice that the vehicle has content and format requirements for been found not to comply with all ap- any Registered Importer and manufac- plicable Federal motor vehicle safety turer who wishes to petition the Ad- standards along with a demand that ministrator for a determination that a the vehicle be delivered for export or vehicle not originally manufactured to abandoned to the United States. conform to all applicable Federal motor vehicle safety standards is eligi- [69 FR 52100, Aug. 24, 2004] ble to be imported into the United States because it can be modified to meet the standards. The purpose of this part is also to specify procedures under which the Administrator makes eligi- bility determinations pursuant to 333 VerDate Mar<15>2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\220218.XXX 220218 wwoods2 on DSK1DXX6B1PROD with CFR § 593.3 49 CFR Ch. V (10–1–10 Edition) those petitions as well as eligibility de- (ii) Is capable of being readily modi- terminations on the agency’s initia- fied to conform to all applicable Fed- tive. eral motor vehicle safety standards; or (2) On the basis that the vehicle has § 593.3 Applicability. safety features that comply with or are This part applies to a motor vehicle capable of being modified to comply that was not originally manufactured with all applicable Federal motor vehi- and certified by its original manufac- cle safety standards. turer to conform with all applicable (b) Each petition filed under this part Federal motor vehicle safety standards must— and that is offered for importation into (1) Be written in the English lan- the United States. guage; (2) Be headed with the words ‘‘Peti- § 593.4 Definitions. tion for Import Eligibility Determina- All terms in this part that are de- tion’’ and submitted in three copies to: fined in section 102 of the National Administrator, National Highway Traf- Traffic and Motor Vehicle Safety Act fic Safety Administration, Room 6115, (15 U.S.C. 1391) are used as defined 400 7th Street SW., Washington, DC therein. 20590, Attn: NEF–32 Import Eligibility Administrator means the Adminis- Determinations; trator of the National Highway Traffic (3) State the full name and address of Safety Administration. the petitioner. Model year means the year used by a (4) If the petitioner is a Registered manufacturer to designate a discrete Importer, include the Registered Im- vehicle model irrespective of the cal- porter Number assigned by NHTSA endar year in which the vehicle was ac- pursuant to part 592 of this chapter. tually produced, or the model year as (5) Set forth the basis for the petition designated by the vehicle’s country of and the information required by § 593.6 origin, or, if neither the manufacturer (a) or (b), as appropriate; nor the country of origin has made (6) Specify any part of the informa- such a designation, the calendar year tion and data submitted which peti- that begins on September 1 and ends on tioner requests be withheld from public August 31 of the next calendar year. disclosure in accordance with part 512 NHTSA means the National Highway of this chapter; and Traffic Safety Administration. (7) Submit a certified check payable Registered Importer means any person to the Treasurer of the United States, who has been granted registered im- for the amount of the vehicle eligi- porter status by the Administrator bility petition fee established pursuant pursuant to paragraph 592.5(b) of this to part 594 of this chapter. chapter, and whose registration has (c) The knowing and willful submis- not been revoked. sion of false, fictitious or fraudulent information may subject the petitioner § 593.5 Petitions for eligibility deter- to the criminal penalties of 18 U.S.C. minations. 1001. (a) A manufacturer or Registered Im- [54 FR 40099, Sept. 29, 1989, as amended at 55 porter may petition the Administrator FR 37330, Sept. 11, 1990] 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 334 VerDate Mar<15>2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\220218.XXX 220218 wwoods2 on DSK1DXX6B1PROD with CFR Nat’l Highway Traffic Safety Admin., DOT § 593.7 motor vehicle safety standards, the pe- with such standard. The latter dem- titioner shall provide the following in- onstration shall include a showing that formation: after such modifications, the features (1) Identification of the original man- will conform with such standard. ufacturer, model, and model year of the vehicle for which a determination is § 593.7 Processing of petitions. sought. (a) NHTSA will review each petition (2) Identification of the original man- for sufficiency under §§ 593.5 and 593.6. ufacturer, model, and model year of the If the petition does not contain all the vehicle which the petitioner believes to information required by this part, be substantially similar to that for NHTSA notifies the petitioner, point- which a determination is sought. ing out the areas of insufficiency, and (3) Substantiation that the manufac- stating that the petition will not re- turer of the vehicle identified by the ceive further consideration until the petitioner under paragraph (a)(2) of required information is provided. If the this section originally manufactured it additional information is not provided for importation into and sale in the within the time specified by NHTSA in United States, and affixed a label to it its notification, NHTSA may dismiss certifying that it complied with all ap- the petition as incomplete, and so no- plicable Federal motor vehicle safety tify the petitioner. When the petition standards. is complete, its processing continues. (4) Data, views and arguments dem- (b) NHTSA publishes in the FEDERAL onstrating that the vehicle identified REGISTER, affording opportunity for by the petitioner under paragraph comment, a notice of each petition (a)(1) of this section is substantially containing the information required by similar to the vehicle identified by the this part.
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