[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Rules and Regulations]
[Pages 37878-37883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17806]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 591
[Docket No. 99-NHTSA-5240; Notice 2]
RIN 2127-AH45
Importation of Vehicles and Equipment Subject to Federal Safety,
Bumper, and Theft Prevention Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This document amends NHTSA's importation regulations to
implement a 1998 statutory amendment that adds ``show or display'' to
the special limited purposes for which vehicles or equipment items may
be imported without having to comply with the Federal motor vehicle
safety standards (FMVSS). Under the amendments, a person who wants to
import a vehicle or equipment item for ``show or display'' must
persuade us that the vehicle or equipment item is of such historical or
technological significance that it is worthy of being shown or
displayed in this country even though it would be difficult or
impossible to be brought into compliance with the FMVSS. We intend this
provision to accommodate primarily individuals wishing to import an
example of a make or model of a vehicle which its manufacturer never
sold in the United States and which therefore has no counterpart that
was certified to conform to the FMVSS.
We will allow limited use on the public roads of vehicles imported
for ``show or display.'' Before entry, an importer must describe the
intended on-road use of the vehicle and submit a copy of an insurance
contract containing the condition that the maximum annual mileage of
the vehicle shall not exceed 2,500 miles.
Pursuant to the 1998 statutory amendment, we are also allowing
owners of vehicles already imported into the United States under other
exemptions to apply to us for a change in the terms and conditions
under which we permitted their vehicles to be imported. The opportunity
to apply for such a change is statutorily limited to the period of 6
months after the effective date of the final rule.
DATES: Effective date: The final rule is effective August 13, 1999
FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief
Counsel, NHTSA (202-366-5263).
[[Page 37879]]
SUPPLEMENTARY INFORMATION: We discussed at some length the background
of this rulemaking action in our notice of proposed rulemaking,
published on March 22, 1999 (64 FR 13757). Given the fact that we
received only one comment by the end of the 45-day comment period, May
6, 1999, we are not repeating this discussion, and interested persons
may read the earlier document for background information. That comment,
from the Special Vehicle Coalition, supported the proposed rule, with a
recommended change in the mileage permissible for on-road use. We
discuss this at an appropriate place in the notice. Except for the
annual mileage and verification statements, we are adopting a final
rule as we proposed it.
1. The 1998 Amendment to the Import Regulations
Sec. 7107(a) of Pub. L. 105-178, which was enacted on June 9, 1998,
amended 49 U.S.C. 30114 by adding ``show, or display'' to the special
purposes set forth in that section. As the Conference Report on the
Transportation Equity Act for the 21st Century explained:
Section 7107 reinstates NHTSA's authority to exempt certain
motor vehicles imported for the purpose of show or display from
certain applicable motor vehicle safety standards. Such authority
was unintentionally deleted when title 49, United States Code was
recodified in 1988.
(H. Report 105-550, p. 523)
(We note that the deletion of ``show'' resulted from the 1988
amendments to the importation authority, rather than from the 1994
recodification, which deleted ``studies'').
2. Amendments to 49 CFR Part 591 That Implement Congress' Amendment
of Sec. 30114
A. Sec. 591.5, Declarations Required for Importation
As amended, sec. 30114 now reads:
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, competitive racing events,
show or display.
Currently, 49 CFR 591.5(j)(1) implements 49 U.S.C. 30114 by
specifying requirements for importation of nonconforming vehicles or
equipment for purposes of research, investigations, studies,
demonstrations or training, and competitive racing events. In view of
the intent of Congress at the time of recodification to include the
word ``studies'' in the word ``research,'' as previously discussed, we
are revising Sec. 591.5(j)(1)(iii) to substitute the term ``show or
display'' for ``studies.'' We deem the term ``studies'' covered by the
word ``research'' and subject to the same terms and conditions imposed
on vehicles imported for purposes of ``research.''
B. Sec. 591.6, Documents Accompanying Declarations
We recognize two types of importers under sec. 591.5(j): one that
has received written permission from us to import a vehicle under its
provisions (sec. 591.5(j)(2)(i)); and one that is an original
manufacturer of motor vehicles (or its wholly-owned subsidiary) and
that certifies that its products comply with the Federal motor vehicle
safety standards (sec. 591.5(j)(2)(ii)).
Sec. 591.6(f) specifies the procedure for an importer who wishes to
obtain written permission from us to import a vehicle or equipment item
under sec. 591.5(j)(2)(i). Sec. 591.6(f)(1) requires all such requests
to contain information sufficient to identify the vehicle or equipment
and the specific purpose of importation, which must include a
discussion of the use to be made of the vehicle or equipment. With
respect to any such vehicle to be imported for research,
investigations, demonstrations or training (but not for studies), if
use on the public roads is to be an integral part of the purpose of
importation, the statement must request permission for use on the
public roads, describing the purpose that makes such use necessary and
stating the estimated period of time during which use of the public
roads is necessary. The request must also state the intended means of
final disposition (and disposition date) of the vehicle or equipment
after completion of the purpose for which it is imported.
After review, we have decided that it is appropriate to retain this
requirement in implementing the new statutory provision but we will
amend sec. 591.6(f)(1) to clarify that it pertains to importations
other than those for show or display, which will now be covered by sec.
591.6(f)(2).
Currently, if a sec. 591.5(j)(2)(i) importer wishes to import a
vehicle or equipment for ``studies,'' the importer's written request:
shall explain why the vehicle or equipment item is of historical or
technological interest, and describe the studies for which
importation is sought. The importer, if other than the National
Museum of History and Technology, Smithsonian Institution, shall
also provide a copy of the Determination Letter from the Internal
Revenue Service approving the importer's status as a tax-exempt
corporation or foundation under section 501(c)(3) or section 509,
respectively, of the Internal Revenue Code. The time between the
date of the Letter and the date of the importer's written request to
the Administrator shall be not less than 5 years. The importer shall
also provide a statement that it shall not sell, or transfer
possession of, or title to, the vehicle, or license it for use, or
operate it on the public roads, until the vehicle is not less than
25 years old.
We have concluded that the statutory amendment providing authority
to admit vehicles or equipment for show or display, without any
qualification on the eligibility of the importer, means that tax-exempt
entities as well as individual importers may import vehicles for show
or display. For this reason, there is no further need to maintain an
exemption for studies. Accordingly, we are amending the regulation to
delete the provisions expressly relating to importations for studies.
As noted, importations for ``studies'' are essentially those of
importations for ``research.''
One of the terms and conditions of the allowance of importation for
``studies'' was that the vehicle not be licensed for use or operated on
the public roads. We have reviewed this restriction in view of our new
authority to allow importation for ``show or display,'' and have
concluded that limited on-road use should be allowed, pursuant to our
permission. We believe that the historical and technological
significance of a vehicle may be maintained by its limited use of the
public roads on an occasional basis in order to ensure that its engine,
braking, lighting, and other dynamic systems remain in good working
order, in short, so that it may be preserved. Another appropriate use
of such a vehicle on the public roads would be to allow it to travel to
and from nearby displays of automobiles of similar significance, so
that its significance could be appreciated by a greater number of
people than were it restricted to off-road use. We proposed that on-
road use of these nonconforming vehicles should be limited to a maximum
of 500 miles per year. For the reasons discussed below, this proposed
restriction has been modified.
Consistent with the previous exemption for ``studies,'' we have
decided that a person who wishes to import a vehicle for show or
display ought to establish that the vehicle is one of historical or
technological interest. This criterion has existed for many years,
beginning with the previous ``show'' exemption, and continuing with the
one for ``studies.''
Our most detailed discussion of the criterion of historical and
technical
[[Page 37880]]
interest was contained in a letter of July 12, 1983, to Richard London,
and it is worth repeating here. Mr. London asked about the
acceptability of importing a Mercedes-Benz 280SL which would be
trailered to various auto meets, and which would not be licensed for
use or used on the public roads. We advised Mr. London that:
The agency considers several factors in determining whether to
accept a declaration that a vehicle is imported solely for ``show.''
One of these is the nature of the vehicle itself. If it is a unique
machine generally considered to be of technological or historical
significance, it is more likely to be admitted under the exception
than if it were a mass-produced vehicle similar to many that were
manufactured to conform to the Federal motor vehicle safety
standards. The smaller the production run, the greater the
likelihood that it will be considered to be unique. Mechanical
components that differ substantially from those commonly in use at
the time of manufacturer are evidence of its technological
significance. Association with historical personages that would
create a desire in the public to see the car is also considered
relevant in the agency's interpretation of the word ``show.''
Examples of vehicles that might qualify under this exemption are
high technology vehicles such as the McLaren F1, or certain types of
Porsches or Ferraris that were never, in the first instance, sold in
the United States. We might consider a vehicle owned by the Pope, the
Queen of England, or some other important figure to be a vehicle of
historical significance.
We went on to explain to Mr. London that
In interpreting the word ``show'' and thereby exercising its
discretion whether to allow importation of nonconforming motor
vehicles for this purpose, the agency must balance the harm to the
public likely to occur through use of the vehicle on the public
roads, with the benefit to the public of importation of
nonconforming vehicle for show purposes. * * * [t]he agency believes
it is less likely that a rare or unique vehicle, part of a
collection available to the public will be sold for use on the
public roads than a vehicle such as the 1968-72 Mercedes 280SL that
has been imported in numerous quantities as a conforming motor
vehicle.
This explanation clearly demonstrated our view that nonconforming
analogues of certified vehicles sold in the United States were not very
likely to be considered of historical or technological significance.
In any event, use on the public roads will not be a matter of right
for vehicles imported for ``show or display,'' but subject to such
terms and conditions as may be established at the time of entry. In
some cases where there are safety concerns, we may refuse to authorize
on-road use of a particular vehicle. In order to ensure that any on-
road use is limited, the prospective importer, in his or her request
letter, must describe the purposes for which on-road use is deemed
required.
We proposed that the request be accompanied with an affirmation
that the vehicle will not be driven on the public roads more than 500
miles in any 12-month period beginning as of the date of its
importation, and that the affirmation be confirmed by the importer's
submittal of an annual notarized mileage statement for the vehicle on
the anniversary date of its importation, for the first five years after
it is imported. We have been requested by the one commenter on the
proposal, the Special Vehicle Coalition (the ``Coalition''), to
increase the permissible annual mileage to 2,500 miles. Describing
itself as ``a group of vehicle collectors who own limited-production
high-performance vehicles,'' the Coalition asserted that ``restricting
mileage to 500 miles per year will prohibit participation in many civic
and charitable events designed to benefit, entertain, and inspire the
American public.'' More persuasively, the Coalition argued that an
annual odometer reading might not accurately reflect actual on-road
usage, since it would include mileage attributable to any use of the
vehicle off the public roads as well. It brings to our attention that
``a 2,500 mile allotment is consistent with current practice for these
kind of vehicles, including normal on-road usage of much older
collector vehicles that, because of their age, will not meet Federal
motor vehicle safety standards.'' This comment was accompanied by a
footnote saying that ``Insurance policies for classic cars and vehicles
of special interest typically set a maximum mileage allowance of 2,500
miles per year.''
We have reconsidered our proposal in light of the Coalition's
comments. In proposing a 500-mile limitation, we had not focused on the
fact that other vehicles not subject to the Federal motor vehicle
safety standards have been permitted to use the public roads under
insurance policies that limit their mileage allowance to 2,500 miles
per year. While the Coalition did not discuss the kind of insurance
policy that would be obtained by importers for show and display, we
assume that all vehicles imported for show and display will, in fact,
be insured, and that the policy would not deviate materially from those
that cover classic and special interest vehicles. Furthermore, the
mileage limitation imposed as a condition of insurance appears to
remove the need for the importer to submit an annual mileage statement
to us. However, we believe that we ought to be able to inspect the
vehicle if we wish to verify that the accumulated mileage of the
vehicle is not more than 2,500 miles in any 12-month period.
Accordingly, our final rule requires the prospective importer to submit
with its request the current mileage of the vehicle and a copy of an
insurance contract covering the car, which contains as a condition the
restriction of annual mileage to a maximum of 2,500 miles (this
limitation refers to all mileage, not merely on-road mileage). In
addition, the prospective importer must state that (s)he will allow us
to inspect the vehicle upon our request. As proposed, the prospective
importer will also have to state that the vehicle will not be used on
the public roads unless it complies with the requirements of the
Environmental Protection Agency. Moreover, as indicated above, we may
impose additional requirements or limitations in particular instances
when we find such requirements are appropriate.
We have substituted the conditions for an insurance policy and its
maintenance until the vehicle is 25 years old for the notarized mileage
statement submitted for 5 years after importation which we originally
proposed. Under 49 U.S.C. 30112(b)(9), a noncomplying motor vehicle may
be imported with no Federal legal requirement to conform it if it is at
least 25 years old. Our new provision, thus, serves to release the
importer or owner from the restrictions imposed on show or display
importations when the vehicle reaches 25 years of age. We retain the
right to inspect it for mileage verification until that point.
The current regulation also restricts sale and transfer of
possession of a vehicle imported for ``studies'' until it is 25 years
old. While this restriction might not be burdensome to a museum, the
agency recognizes that there are circumstances such as the death of an
importer where a sale or transfer of a vehicle imported for ``show or
display'' must occur before it is 25 years old. To fully implement its
new authority to allow importation for ``show or display,'' the agency
is modifying this restriction, and allow sale or transfer of a vehicle
imported for ``show or display'' upon approval by the Administrator.
Accordingly, we are revising sec. 591.6(f)(2) to require that a
prospective importer:
shall explain why the vehicle or equipment item is of historical or
technological interest. The importer shall also provide a statement
that, until the vehicle is not less than 25
[[Page 37881]]
years old, (s)he shall not sell, or transfer possession of, or title
to, the vehicle, and shall not license it for use, or operate it on
the public roads, except under such terms and conditions as the
Administrator may authorize. If the importer wishes to operate the
vehicle on the public roads, the request to the Administrator shall
include a description of the purposes for which (s)he wishes to use
it on the public roads, a copy of an insurance policy or a contract
to acquire an insurance policy, which contains as a condition
thereof that the vehicle will not accumulate mileage of more than
2,500 miles in any 12-month period and a statement that the importer
shall maintain such policy in effect until the vehicle is not less
than 25 years old, a statement that the importer will allow the
Administrator to inspect the vehicle at any time after its
importation to verify that the accumulated mileage of the vehicle is
not more than 2,500 miles in any 12-month period, and a statement
that the vehicle will not be used on the public roads unless it is
in compliance with the regulations of the Environmental Protection
Agency.
Failure to allow a mileage inspection or to maintain a policy with an
accumulated mileage limitation or the accumulation of more than 2,500
miles in any 12-month period will be regarded as a violation of the
terms of entry.
C. Sec. 591.7, Restrictions on Importations
Until now, all importations under sec. 591.5(j)(1) have been ``for
a temporary period,'' requiring a U.S. Customs Service Temporary
Importation Bond (TIB). Under sec. 591.7(a), the TIB requires that
vehicles which it covers shall not remain in the United States for a
period that exceeds 3 years from the date of entry. However, under sec.
591.7(b), if the importer decides to liquidate the bond, it may apply
to us for permission to keep the vehicle in the country for an
additional period of time not to exceed 5 years from the date of entry,
unless further written permission has been obtained from us. Such
written permission, after 5 years, can result in an ``importation for a
temporary period'' becoming a permanent one. This regulatory scheme has
caused uncertainty as to whether we permit permanent importations under
sec. 591.5(j).
Because we do permit permanent importations under sec. 591.5(j), we
believe that we should clarify this point and simplify this process to
allow a permanent importation ab initio, if an importer chooses to pay
duty upon entry of the vehicle, rather than treating the entry as a
``temporary'' one, requiring a TIB and subsequent letters of
permission. Amendments of this nature will not affect the existing
right under sec. 591.5(j)(1) to import vehicles on a temporary basis
with a TIB for those importers who wish to choose this option.
Another restriction is imposed by sec. 591.7(c). If the importer
has brought a vehicle into the United States pursuant to sec.
591.5(j)(2)(i), sec. 591.7(c) requires the importer to retain title to
and possession of it, forbids its leasing, and allows its use on the
public roads only if written permission has been granted by the
Administrator pursuant to sec. 591.6(f)(1) (covering importations for
research, investigations, demonstrations or training, but not studies
or competitive racing events).
The restriction of sec. 591.7(c) implements the statement that an
importer is required to make as part of the request letter. Given the
fact that limited on-road use is being permitted for importations for
``show or display,'' we are amending sec. 591.7(c) to allow limited on-
road use of all vehicles imported under sec. 591.5(j)(2)(i) ``under
such terms and conditions as the Administrator may authorize in
writing.'' We are also amending the first sentence of sec. 591.7(c) to
conform to the statement that an importer gives under sec. 591.6(f)(2),
and imposing affirmative obligations not to sell or transfer the
vehicle, or license it or operate it on the public roads except upon
written approval by the Administrator in place of the presently
existing absolute prohibition.
Sec. 591.7(d) specifically provides that any violation of a term or
condition that we impose ``in a letter authorizing importation or on-
road use under sec. 591.5(j) shall be considered a violation'' of the
Safety Act for which a civil penalty may be imposed. We note that this
language could possibly be read as suggesting that a civil penalty
would be the only consequence of a violation of a condition imposed as
part of an exemption from sec. 30112(a). Therefore, we are modifying
sec. 591.7(d) to make it clear that such a violation of a term or
condition in an exemption authorization will void the authorization and
require exportation of the vehicle. In addition, the statutory
reference in sec. 591.7(d) to 15 U.S.C. 1397(a)(1)(A) is changed to 49
U.S.C. 30112(a) to reflect the recodification of the Safety Act into
Chapter 301.
Sec. 591.7(e) prohibits the importation for ``studies'' by any
person not recognized as a tax-exempt entity by the Internal Revenue
Service for not less than 5 years before the date of its written
request. Because we are incorporating the ``studies'' exemption into
the exemption for ``research'' where this restriction does not exist,
this section is moot. Sec. 591.7(e), therefore, is being removed. A new
subsection (e) will replace it, to implement the statutory directive of
section 7107(b) of Pub. L. 105-178 discussed below.
3. Seeking Exemptions Under Sec. 30114 for Vehicles in the United
States at the Time the Amendment Was Enacted
Section 7107(b) of Pub. L. 105-178 provides that:
(b) TRANSITION RULE--A person who is the owner of a motor
vehicle located in the United States on the date of enactment of
this Act may seek an exemption under section 30114 of title 49,
United States Code, as amended by subsection (a) of this section,
for a period of 6 months after the date regulations of the Secretary
of Transportation promulgated in response to such amendment take
effect.
We interpret sec. 7017(b) as authorizing owners of vehicles
imported under sec. 591.5(j) before June 9, 1998, to apply to the
Administrator for a change in the terms and conditions under which the
vehicle was admitted so that engaging in an act contrary to those
original terms and conditions will not be held to be a violation. If
the change requested is to reclassify the vehicle as one imported for
show or display, we proposed that the request also include a statement
that the owner will provide the annual mileage statement required of de
novo importers for show or display by sec. 591.6(f)(2). However, the
final rule for change-of-status importers is modified to reflect the
changes we are adopting in sec. 591.6(f)(2) relating to an increase in
maximum mileage subject to insurance limitations, and the right to
inspect the vehicle to verify its accumulated mileage. Therefore, we
are revising sec. 591.7(d) and (e) to read as follows:
(d) Any violation of a term or condition imposed by the
Administrator in a letter authorizing importation or on-road use
under Sec. 591.5(j), or a change of status under paragraph (e) of
this section, including a failure to allow inspection upon request
to verify that the accumulated mileage of the vehicle is not more
than 2,500 miles in any 12-month period, shall be considered a
violation of 49 U.S.C. 30112(a) for which a civil penalty may be
imposed. Such a violation will also act to void the authorization
and require the exportation of the vehicle. With respect to
importations under Sec. 591.6(f)(2) or a change of status to an
importation for show or display as provided under paragraph (e) of
this section, if the Administrator has reason to believe that a
violation has occurred, the Administrator may tentatively conclude
that a term of entry has been violated but shall make no final
conclusion until the importer or owner has been afforded an
opportunity to present data, views, and arguments as to why there is
no
[[Page 37882]]
violation or why a penalty should not be imposed.
(e) The owner of a vehicle located in the United States on June
9, 1998, which the owner had imported pursuant to Sec. 591.5(j), may
apply to the Administrator on or before February 14, 2000, for a
change in any such term or condition contained in the
Administrator's letter. If the owner requests a change to
importation for show or display, the request to the Administrator
shall contain the information and statements required under
Sec. 591.6(f)(2) for a new importation for show or display. All
requests for change shall be sent to the Director, Office of Vehicle
Safety Compliance (NSA-32), National Highway Traffic Safety
Administration, Room 6111, 400 Seventh Street, SW, Washington, DC
20590.
4. Effective Date
The final rule is effective 30 days after its publication in the
Federal Register.
5. Rulemaking Analyses and Notices
A. Executive Order 12866 (Federal Regulation) and DOT Regulatory
Policies and Procedures
This rule has not been reviewed under E.O. 12866. After considering
the impacts of this rulemaking action, NHTSA has determined that the
action is not significant within the meaning of the Department of
Transportation regulatory policies and procedures. The only substantive
change that this rule makes is to add an additional justification for
importing motor vehicles without the need to comply with the Federal
motor vehicle safety standards, and to require their importers to
submit substantiating information similar to that already required for
similar importations (see discussion below on Paperwork Reduction Act).
The impacts are so minimal as not to warrant the preparation of a full
regulatory evaluation.
B. Regulatory Flexibility Act
The agency has also considered the effects of this action in
relation to the Regulatory Flexibility Act. For the reasons discussed
above under E.O. 12866 and the DOT Policies and Procedures, I certify
that this action does not have a significant economic impact upon ``a
substantial number of small entities.'' The addition of an option to
import a vehicle for ``show or display'' without the need to conform it
relieves a previously existing restriction. Because the agency has
permitted manufacturers of motor vehicles to import vehicles for
purposes similar to ``show or display'' in the past, NHTSA believes
that virtually all who wish to import a vehicle for ``show or display''
will be individuals. Individuals are not ``small entities.''
Governmental jurisdictions will be affected only to the extent that
they must decide whether local laws permit the operation on local
public roads of motor vehicles imported for show or display that do not
conform to all applicable Federal motor vehicle safety standards, and
this decision will not have a significant economic impact.
C. Executive Order 12612 (Federalism)
The agency has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612
``Federalism'' and determined that the action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
D. National Environmental Policy Act
NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action will not have a significant effect
upon the environment because it is anticipated that the annual volume
of motor vehicles imported will not vary significantly from that
existing before the promulgation of this rule.
E. Civil Justice Reform
This final rule does not have any retroactive effect.
F. Paperwork Reduction Act
The procedures in this rule to permit importation of motor vehicles
and equipment not originally manufactured for the U.S. market include
information collection requirements as that term is defined by the
Office of Management and Budget (OMB) in 5 CFR Part 1320. The original
information collection requirements of Part 591 were approved by the
OMB pursuant to the requirements of the Paperwork Reduction Act (44
U.S.C. Sec. 3501 et seq.). NHTSA believes that the existing clearance
covers a final rule that is based on implementing a statutory
amendment, and has not sought a new or expanded clearance. This
collection of information has been assigned OMB Control No. 2127-0002
(``Motor Vehicle Information'').
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the cost, 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. Because this final rule will not have an effect
of $100 million, no Unfunded Mandates assessment has been prepared.
List of Subjects in 49 CFR Part 591
Imports, Motor vehicle safety, Motor vehicles, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR part 591 is amended as
follows:
PART 591--IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL
SAFETY, BUMPER AND THEFT PREVENTION STANDARDS
1. The authority citation for part 591 is revised to read as
follows:
Authority: 49 U.S.C. 322(a), 30114; Pub. L. 100-562, 102 Stat.
2824; Pub. L. 105-178, 112 Stat. 469; delegations of authority at 49
CFR 1.50 and 501.8.
2. Section 591.5 is amended by revising paragraph (j)(1) to read as
follows:
Sec. 591.5 Declarations required for importation.
* * * * *
(j)(1) The vehicle or equipment item does not conform with all
applicable Federal motor vehicle safety and bumper standards, but is
being imported solely for the purpose of:
(i) Research;
(ii) Investigations;
(iii) Show or display;
(iv) Demonstrations or training; or
(v) Competitive racing events;
* * * * *
3. Section 591.6(f)(1) and (f)(2) are revised to read as follows:
Sec. 591.6 Documents accompanying declarations.
* * * * *
(f) * * *
(1) A declaration made pursuant to Sec. 591.5(j)(1)(i), (ii), (iv),
or (v) and (j)(2)(i) shall be accompanied by a letter from the
Administrator authorizing importation pursuant to Sec. 591.5(j)(1)(i),
(ii), (iv), or (v) and (j)(2)(i). Any person seeking to import a motor
vehicle or motor vehicle equipment pursuant to these sections shall
submit, in advance of such importation, a written request to the
Administrator containing a full and complete statement identifying the
vehicle or equipment, its make, model, model year or date of
manufacture, VIN if a motor vehicle, and the specific purpose(s) of
importation. The discussion of purpose(s) shall include a description
of the use to be made of the vehicle or equipment. If use on the public
roads is an integral part of the purpose for which the vehicle or
equipment is imported, the statement shall request permission for use
on the public roads, describing the purpose which makes such use
necessary, and stating the estimated period of time
[[Page 37883]]
during which use of the vehicle or equipment on the public roads is
necessary. The request shall also state the intended means of final
disposition, and disposition date, of the vehicle or equipment after
completion of the purposes for which it is imported. The request shall
be addressed to Director, Office of Vehicle Safety Compliance (NSA-32),
National Highway Traffic Safety Administration, Room 6111, 400 Seventh
Street, SW, Washington, DC 20590.
(2) A declaration made pursuant to Sec. 591.5(j)(1)(iii) and
(j)(2)(i) shall be accompanied by a letter from the Administrator
authorizing importation pursuant to Sec. 591.5(j)(1)(iii) and
(j)(2)(i). Any person seeking to import a motor vehicle or motor
vehicle equipment pursuant to those sections shall submit, in advance
of such importation, a written request to the Administrator containing
a full and complete statement identifying the equipment item or the
vehicle and its make, model, model year or date of manufacture, VIN,
and mileage at the time the request is made. The importer's written
request to the Administrator shall explain why the vehicle or equipment
item is of historical or technological interest. The importer shall
also provide a statement that, until the vehicle is not less than 25
years old, (s)he shall not sell, or transfer possession of, or title
to, the vehicle, and shall not license it for use, or operate it on the
public roads, except under such terms and conditions as the
Administrator may authorize. If the importer wishes to operate the
vehicle on the public roads, the request to the Administrator shall
include a description of the purposes for which (s)he wishes to use it
on the public roads, a copy of an insurance policy or a contract to
acquire an insurance policy, which contains as a condition thereof that
the vehicle will not accumulate mileage of more than 2,500 miles in any
12-month period and a statement that the importer shall maintain such
policy in effect until the vehicle is not less than 25 years old, a
statement that the importer will allow the Administrator to inspect the
vehicle at any time after its importation to verify that the
accumulated mileage of the vehicle is not more than 2,500 miles in any
12-month period, and a statement that the vehicle will not be used on
the public roads unless it is in compliance with the regulations of the
Environmental Protection Agency.
* * * * *
4. Section 591.7 is amended by revising the first sentence of
paragraph (c) and by revising paragraphs (d) and (e) to read as
follows:
Sec. 591.7 Restrictions on importations.
* * * * *
(c) An importer of a vehicle which has entered the United States
under a declaration made pursuant to Sec. 591.5(j)(2)(i) shall not
sell, or transfer possession of, or title to, the vehicle, and shall
not license it for use, or operate it on the public roads, except under
such terms and conditions as the Administrator may authorize in
writing. * * *
(d) Any violation of a term or condition imposed by the
Administrator in a letter authorizing importation for on-road use under
Sec. 591.5(j), or a change of status under paragraph (e) of this
section, including a failure to allow inspection upon request to verify
that the accumulated mileage of the vehicle is not more than 2,500
miles in any 12-month period, shall be considered a violation of 49
U.S.C. 30112(a) for which a civil penalty may be imposed. Such a
violation will also act to void the authorization and require the
exportation of the vehicle. With respect to importations under
Sec. 591.6(f)(2) or a change of status to an importation for show or
display as provided under paragraph (e) of this section, if the
Administrator has reason to believe that a violation has occurred, the
Administrator may tentatively conclude that a term of entry has been
violated, but shall make no final conclusion until the importer or
owner has been afforded an opportunity to present data, views, and
arguments as to why there is no violation or why a penalty should not
be imposed.
(e) The owner of a vehicle located in the United States on June 9,
1998, which the owner had imported pursuant to Sec. 591.5(j), may apply
to the Administrator on or before February 14, 2000 for a change in any
such term or condition contained in the Administrator's letter. If the
owner requests a change to importation for show or display, the request
to the Administrator shall contain the information and statements
required under Sec. 591.6(f)(2) for a new importation for show or
display. All requests for change shall be sent to the Director, Office
of Vehicle Safety Compliance (NSA-32), National Highway Traffic Safety
Administration, Room 6111, 400 Seventh Street, SW, Washington, DC
20590.
Issued on: July 8, 1999.
Kathleen C. DeMeter,
Acting Associate Administrator for Safety Assurance.
[FR Doc. 99-17806 Filed 7-13-99; 8:45 am]
BILLING CODE 4910-59-P
