NHTSA Amends its Regulations on Registered Importer Requirements, Procedures, Etc

(This final rule is based on a NHTSA proposed rule issued in November 2000. See ITT's Online Archives or 12/05/00 news, 00120416, for BP summary of NHTSA's November 2000 proposed rule.)

According to DOT, the principal effect of these changes is 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.

DOT to Address Import Procedures for Vehicles Originally Manufactured for Sale in Canada in a Separate Notice

In addition to proposing clarifications for the requirements applicable to RIs and applicants for RI status, the NHTSA's November 2000 proposed rule had also proposed a number of changes to the procedures applicable to the importation of vehicles originally manufactured for sale in Canada.

However NHTSA now states that based on comments from the public, it has decided not to act on those proposals at this time. NHTSA explains that it intends to issue a separate notice to propose a different approach for processing importations of vehicles originally manufactured for sale in Canada.

(Among other things, NHTSA had proposed in November 2000 to create two new classifications for imported non-conforming motor vehicles: Type 1, which would apply to a motor vehicle that is certified by its original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS) and whose original manufacturer has informed NHTSA in writing that the vehicle complies with all applicable U.S. Federal motor vehicle safety standards (FMVSS) (with exceptions) and bumper and theft prevention standards, and Type 2, which would apply to a non-conforming motor vehicle other than a Type 1 motor vehicle that is not certified by its original manufacturer as complying with all applicable FMVSS, bumper, and theft prevention standards.)

Highlights of Final Rule's Changes for RIs

RI registration requirements. In its final rule, NHTSA states that it has concluded that the present registration procedures must be revised and expanded in order to increase the likelihood that a RI will be technically and financially able to perform its duties.

NHTSA states that under the final rule it will require more information from a person seeking to be a RI than was previously required. In addition, existing RIs, as a condition of maintaining their existing registration, must provide the additional information called for in the final rule not later than November 1, 2004 (see final rule for details).

Among the changes made to the RI registration requirements in 49 CFR 592.5 by NHTSA's final rule are (partial list): (1) the application must provide social security numbers for certain individuals; (2) the application must identify officers authorized to certify compliance to NHTSA; (3) applicants must demonstrate technical ability to perform compliance work and must understand the duties of a RI; (4) etc.

The RI registration provisions in NHTSA's final rule also address (partial list): (1) how NHTSA will treat an incomplete application; (2) denial of applications; (3) the due date for the RI annual statement and fee (the due date will now be September 30 of each year to cover the next fiscal year and NHTSA may automatically suspend a RI's registration if the annual fee has not been paid by the close of business on October 10 (or the next business day if it falls on a weekend or holiday)); (4) how NHTSA will treat applications pending on the effective date of the final rule; (5) etc.

Bonding, conformity, certification, and other duties of a RI. NHTSA states that its final rule also revises 49 CFR 592.6, regarding the obligations of a RI to (partial list): (1) ensure conformance of all imported vehicles with safety, bumper, and theft prevention standards and furnish a conformance bond; (2) keep certain records; (3) affix certification labels to vehicles; (4) submit certain documentation (i.e., the "conformity package") to NHTSA; (5) refrain from doing certain things before NHTSA releases the conformance bond; (6) provide NHTSA with copy(s) and retain copies of the service insurance policy and odometer disclosure statements; (7) provide timely responses to NHTSA request for information, etc.

Suspension, revocation, and reinstatement of RI registrations. In addition, NHTSA's final rule amends the regulations in 49 CFR 592.7 regarding (partial list): (1) automatic suspension of the registration of a RI; (2) non-automatic suspension and revocation of RI registrations; (3) reinstatement of a suspended RI registration; (4) etc.

• Petitions for reconsideration must be received by October 15, 2004

NHTSA final rule (FR Pub 08/24/04, D/N NHTSA 2000-8159; Notice 2) available at

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18833.pdf.