NHTSA Issues Final Rule Modifying its Requirements Concerning Registered Importers of Motor Vehicles, Etc.
The Department of Transportation's (DOT's) National Highway Traffic Safety Administration (NHTSA) has issued a final rule, effective November 3, 2005, which amends its August 2004 final rule pertaining to the importation by registered importers (RIs) of motor vehicles that were not originally manufactured to comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards.
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(According to NHTSA, the principal effect of the August 2004 final rule was to clarify the requirements applicable to RIs and applicants for RI status, as well as the procedures for suspending or revoking the registrations of RIs that violate the statute or regulations governing these activities. See ITT's Online Archives or 08/26/04 news, 04082615, for BP summary of this final rule.)
Highlights of Changes Made to NHTSA Regulations
NHTSA states that it is adopting the following changes to its regulations, effective November 3, 2005:
Motor vehicles may be modified to comply with Theft Prevention Standard prior to import. NHTSA is amending 49 CFR 592.6(d)(1) to expressly permit the importation of a motor vehicle modified prior to importation by any entity to comply with the Theft Prevention Standard at 49 CFR Part 541. NHTSA states that it did not intend to preclude the importation of vehicles that were so modified prior to importation.
Social security number for RI principals eliminated. NHTSA has also decided to eliminate the requirement at 49 CFR 592.5(a)(4)(ii) and (iii) for applicants for RI status to submit to the agency the social security numbers of its principals.
NHTSA explains that it sought this information so that it could determine whether any person associated with an applicant has been convicted of a misdemeanor or felony involving motor vehicles or the motor vehicle business. However, NHTSA has since learned that a social security number is not an information element that is needed for the purpose of conducting a background check on an applicant for a Federal license.
Nonconforming vehicles may be operated on public roads for purpose of EPA emissions test prior to bond release. NHTSA is amending 49 CFR 592.6(e)(1) in order to allow an imported nonconforming vehicle to be operated on public roads prior to bond release for the purpose of mileage accumulation to stabilize the vehicle's catalyst and emissions control systems in preparation for pre-certification testing to obtain an Environmental Protection Agency (EPA) certificate of conformity, but only insofar as the vehicle has been imported by an Independent Commercial Importer (ICI) that holds a current certificate of conformity from the EPA, the ICI has imported the vehicle under an EPA Declaration form 3520-1 on which Code J is checked, and the EPA has granted the ICI written permission to operate the vehicle on public roads for that purpose.
(In addition to these changes, NHTSA is making a technical amendment to correct two erroneous citations; see final rule for details.)
-petitions for reconsideration must be received by November 18, 2005
NHTSA contacts - Coleman Sachs (non-legal issues) (202) 366-3151
Michael Goode (legal issues) (202) 366-5263
NHTSA final rule (D/N NHTSA-2000-8159; Notice 3, FR Pub 10/04/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-19843.pdf