Notice of Grant of Petition for Decision That Nonconforming Model Year 2019 Schuler Spezialfahrzeuge GmbH Trailer Is Eligible for Importation
| Published date | 15 October 2021 |
| Citation | 86 FR 57473 |
| Record Number | 2021-22481 |
| Section | Notices |
| Court | National Highway Traffic Safety Administration |
57473
Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Notices
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.
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.
Programmatic Agreement, dated
September 24, 2021; Penn Station
Access Project Finding of No Significant
Impacts (FONSI), dated September 24,
2021. Supporting documentation: Penn
Station Access Project Environmental
Assessment (EA), dated May 13, 2021.
The EA, FONSI and associated
documents can be viewed and
downloaded from: https://
pennstationaccess.info/environmental-
assessment.
Authority: 23 U.S.C. 139(l)(1).
Mark A. Ferroni,
Deputy Associate Administrator for Planning
and Environment.
[FR Doc. 2021–22507 Filed 10–14–21; 8:45 am]
BILLING CODE P
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.
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
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).
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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57474
Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Notices
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
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
AGENCY
: Office of Foreign Assets
Control, Department of the Treasury.
ACTION
: Notice.
SUMMARY
: The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
removed from the list of Specially
Designated Nationals and Blocked
Person (SDN List). Their property and
interests in property are no longer
blocked, and U.S. persons are no longer
prohibited from engaging in lawful
transactions with them.
DATES
: See Supplementary Information
section for applicable date(s).
FOR FURTHER INFORMATION CONTACT
:
OFAC: Andrea M. Gacki, Director, tel.:
202–622–2480; Associate Director for
Global Targeting, tel: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION
:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Actions
On October 8, 2021, OFAC
determined that circumstances no
longer warrant the inclusion of the
following persons on the SDN List and
that their property and interests in
property are no longer blocked under
the relevant sanctions authorities listed
below.
Entities
1. MAMMUT INDUSTRIAL GROUP P.J.S
(a.k.a. MAMMUT INDUSTRIAL GROUP;
a.k.a. MAMMUT TEHRAN INDUSTRIAL
GROUP; a.k.a. ‘‘MAMMUT INDUSTRIES’’),
Khaled Eslamboli Street, Seventh Street No.
7, Tehran 15875–7974, Iran; No. 65 Lofti
Street, Tehran, Iran; Vozara Str, 7th Str No.
7, Tehran, Iran; website
www.mammutco.com; Additional Sanctions
Information—Subject to Secondary
Sanctions; Registration Number 3167 (Iran)
[NPWMD] [IFSR] (Linked To: SHAHID
HEMMAT INDUSTRIAL GROUP).
Designated on September 21, 2020,
pursuant to Section 1(a)(iii) of Executive
Order 13382 of June 28, 2005, ‘‘Blocking
Property Weapons of Mass Destruction
Proliferators and Their Supporters,’’ 70 FR
38567, 3 CFR, 2006 Comp., p. 170 (E.O.
13382) for having provided, or attempted to
provide, financial, material, technological or
other support for, or goods or services in
support of, SHAHID HEMMAT INDUSTRIAL
GROUP.
2. MAMMUT DIESEL (a.k.a. MAMMUT
DIESEL COMPANY), No. 158, 14th km,
Makhsoos Road, Tehran 37515–335, Iran;
website www.mammutdiesel.com; Additional
Sanctions Information—Subject to Secondary
Sanctions; National ID No. 10103952900
(Iran); Registration Number 1910 (Iran)
[NPWMD] [IFSR] (Linked To: MAMMUT
INDUSTRIAL GROUP P.J.S).
Designated on September 21, 2020,
pursuant to Section 1(a)(iv) of E.O. 13382 for
being owned or controlled by, directly or
indirectly, MAMMUT INDUSTRIAL GROUP
P.J.S.
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