Notice2021-22481
Notice of Grant of Petition for Decision That Nonconforming Model Year 2019 Schuler Spezialfahrzeuge GmbH Trailer Is Eligible for Importation
Primary source
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Published
October 15, 2021
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This document announces the National Highway Traffic Safety Administration's (NHTSA's) grant of a petition for a decision that a model year (MY) 2019 Schuler Spezialfahrzeuge GmbH trailer that was not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) is eligible for importation into the United States because it is capable of being readily altered to conform with all applicable Federal Motor Vehicle Safety Standards (FMVSS).
Full Text
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<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57473-57474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22481]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0054; Notice 2]
Notice of Grant of Petition for Decision That Nonconforming Model
Year 2019 Schuler Spezialfahrzeuge GmbH Trailer Is Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: This document announces the National Highway Traffic Safety
Administration's (NHTSA's) grant of a petition for a decision that a
model year (MY) 2019 Schuler Spezialfahrzeuge GmbH trailer that was not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards (FMVSS) is eligible for importation into the
United States because it is capable of being readily altered to conform
with all applicable Federal Motor Vehicle Safety Standards (FMVSS).
FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA (202-366-1012).
SUPPLEMENTARY INFORMATION:
I. Background
A motor vehicle that was not originally manufactured to conform to
all applicable FMVSS may be eligible for import into the United States
if NHTSA determines that the motor vehicle is capable of being readily
altered to conform to all applicable FMVSS. See 49 U.S.C. 30141(a).
``[I]f there is no substantially similar United States motor vehicle,''
NHTSA may determine that ``the safety features of the vehicle comply
with or are capable of being altered to comply with those standards
based on destructive test information or other evidence the Secretary
of Transportation decides is adequate.'' Id. 30141(a)(1)(B). The term
``motor vehicle'' includes trailers that ``are manufactured primarily
for use on public streets, roads, and highways.'' See id. 30102(a)(7).
If NHTSA determines that a nonconforming vehicle is import eligible,
any such nonconforming vehicle imported into the United States must be
modified into conformance and certified as conforming by a registered
importer before it is sold or otherwise released from the custody of
the registered importer. 49 U.S.C. 30146(a)(1); 49 CFR 592.6.\1\
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\1\ A registered importer is an importer that has registered
with NHTSA under 49 CFR part 592 and is therefore authorized to
modify and then certify imported vehicles as compliant with all
applicable FMVSS.
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Petitions for import eligibility decisions may be submitted by
either manufacturers or registered importers and must comply with the
requirements set forth in 49 CFR 593.6. A petition based on the
capability of the vehicle to comply with all applicable FMVSS include,
among other things, ``data, views, and arguments demonstrating that the
vehicle [which is the subject of the petition] has safety features that
comply with or are capable of being modified to conform with such
standard.'' Id. 593.6(b)(2). ``The latter demonstration [must] include
a showing that after such modifications, the features will conform with
such standard.'' Id.
As specified in 49 CFR 593.7, NHTSA publishes notice of each
petition that it receives in the Federal Register and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides whether the vehicle is
eligible for importation based on the petition, its review of any
comments received, and the agency's own analysis. NHTSA will grant a
petition for import eligibility if it ``determines that the petition
clearly demonstrates that the vehicle model is eligible for
importation'' and will deny the petition if it ``determines that the
petition does not clearly demonstrate that the vehicle model is
eligible for importation.'' 49 CFR 593.7(e)-(f). NHTSA then publishes
its decision and the reasons for it in the Federal Register. Id.
II. Discussion of Petition
Skytop Rover Co., Inc., (Registered Importer R-6-343), of
Philadelphia, Pennsylvania has petitioned NHTSA to decide whether a
nonconforming MY 2019 Schuler Spezialfahrzeuge GmbH trailer (the
Subject Vehicle) is eligible for importation into the United States.
Petitioner contends the Subject Vehicle's ``safety features comply with
or are capable of being modified to comply with all applicable Federal
motor vehicle safety standards.'' Petitioner states the Subject Vehicle
``is a custom-built trailer made in Germany by Schuler Spezialfahrzeuge
GmbH'' and ``there is no substantially similar trailer for comparison
purposes.'' \2\ Petitioner states the Gross Vehicle Weight Rating
(GVWR) of the Subject Vehicle is 60,295 lbs. (27,349 kg).
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\2\ Because the Subject Vehicle is a custom-built trailer, the
grant of this import eligibility petition applies only to the
Subject Vehicle and does not create a category of import eligible
trailers or otherwise apply to any other trailers.
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Petitioner states that the Subject Vehicle ``was developed and
manufactured using `off the shelf' DOT compliant components'' and ``has
safety features which comply with or are capable of being modified to
conform to all applicable Federal motor vehicle safety standards.''
Petitioner contends that the Subject Vehicle, as originally
manufactured, complies with or is not subject to FMVSS Nos. 108 (Lamps,
Reflective Devices and Associated Equipment), 119 (New Pneumatic
Tires), 120 (Tire and Rim Selection), 121 (Air Brake Systems), 223
(Rear Impact Guards), and 224 (Rear Impact Protection).
With respect to FMVSS No. 108 (Lamps, Reflective Devices and
Associated Equipment), Petitioner claims the vehicle meets all aspects
of this standard and provided photographs of the lighting and
retroreflective tape on the vehicle as equipped. These photographs,
however, showed no retroreflective tape applied to the upper corners of
the rear extremity of the vehicle as required under this FMVSS.
With respect to FMVSS No. 119 (New Pneumatic Tires), Petitioner
claims and provided photographs demonstrating that the vehicle is
equipped with tires that bear the relevant ``DOT'' markings/symbols and
all required information for U.S. DOT certification.
With respect to FMVSS No. 121 (Air Brake Systems), Petitioner
claims the vehicle meets all aspects of this standard and provided a
test report detailing the service brake and park brake actuation and
release timing. The test report showed results within the requirements
for brake actuation specified for this FMVSS.
With respect to FMVSS Nos. 223 (Rear Impact Guards) and 224 (Rear
Impact Protection), Petitioner claims the
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rearmost structural element of the trailer has a ground clearance of
less than 22 inches and therefore is excluded from the requirements of
a rear impact guard under FMVSS Nos. 224 and that FMVSS 223 therefore
does not apply. Petitioner provided photographs depicting the
measurements of the ground clearance of the rearmost structural member
of the trailer that appear to support this claim.
Petitioner also contends that the Subject Vehicle is capable of
meeting the requirements set forth in 49 CFR part 565 (Vehicle
Identification Number Requirements) and 49 CFR part 567 (Certification)
by affixing a certification label to the trailer on the ``Left Front
Half at Shoulder Height'' that contains the VIN number of the Subject
Vehicle.
III. Public Comments
A Notice of Receipt of the Petition was published in the Federal
Register for public comment for a period of 30 days. 86 FR 48476 (Aug.
30, 2021). No public comment was submitted in response to the Notice of
Receipt.
IV. NHTSA'S Analysis
A petition to determine import eligibility must include all
information required under the applicable authorities and must also
include data, views, and arguments demonstrating the conclusions
advanced by the petition. In this case, the Petition includes
information demonstrating that the following FMVSS requirements are met
by the Subject Vehicle as manufactured.
FMVSS No. 119 (New Pneumatic Tires)--Petitioner has shown the
vehicle, as manufactured, is equipped with compliant tires, by direct
inspection and submitted photographs depicting tires that bear the
relevant ``DOT'' markings/symbols and all required information for U.S.
DOT certification.
FMVSS No. 121 (Air Brake Systems)--Petitioner has shown the
vehicle, as manufactured, is equipped with a compliant braking system,
by direct inspection, submitted photographs, and a service brake and
park brake actuation and release timing test report, which demonstrated
that the results are within the required specifications for compliance.
FMVSS Nos. 223 (Rear Impact Guards) and 224 (Rear Impact
Protection)--Petitioner has shown the vehicle meets the definition of a
``[l]ow chassis vehicle'' and is excluded from requiring a rear impact
guard per the requirements of FMVSS No. 224 and that FMVSS No. 223 is
therefore not applicable to the Subject Vehicle, by submitting
photographs depicting a ground clearance of the rear most structural
member within 12 inches of the rear of the trailer to be less than 22
inches above ground.
Petitioner also demonstrated that the Subject Vehicle, as
manufactured, is capable of being modified to conform to FMVSS No. 108
(Lamps, Reflective Devices and Associated Equipment). Although
Petitioner failed to demonstrate the Subject Vehicle meets the
requirements for retroreflective tape on the back of the vehicle, NHTSA
concludes that the vehicle is capable of being modified to meet these
requirements with the addition of retroreflective tape in the location
specified in the standard. Petitioner has shown the Subject Vehicle
meets all other lighting and conspicuity requirements of the standard,
by submitting photographs depicting the DOT marking of the compliant
lamps and the location of other retroreflective tape.
Additionally, and as stated by Petitioner, the Subject Vehicle will
need to be modified to conform to the requirements set forth in 49 CFR
part 565 (Vehicle Identification Number Requirements) and 49 CFR part
567 (Certification) by affixing a safety certification label to the
trailer on the ``Left Front Half at Shoulder Height'' that contains the
VIN number of the vehicle.
V. Agency Decision
Petitioner has demonstrated that the Subject Vehicle is either
compliant with or capable of being readily altered to comply with all
applicable FMVSS, and the petition is therefore granted.
Authority: 49 U.S.C. 30141(a)(1)(B), and (b)(1); 49 CFR 593.7;
delegation of authority at 49 CFR 1.95 and 501.8.
Joseph Kolly,
Acting Associate Administrator for Enforcement.
[FR Doc. 2021-22481 Filed 10-14-21; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on October 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.