J K Technologies LLC of Baltimore has petitioned the National Highway Traffic Safety Administration to allow the importation of certain horse trailers manufactured in the United Kingdom.
The company, an importer of specialty automobiles, has filed a petition for decision that nonconforming 1991 Rice Beaufort Double trailers are eligible for Importation, even though they were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS). J K Technologies’ position is that the trailers are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards. The company says that the trailers are capable of being readily altered to meet FMVSS requirements.
The closing date for comments on the petition is January 27, 2011.
Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS.
NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register.
J.K. Technologies says that it compared non-U.S. certified 1991 Rice Beaufort Double trailers to their U.S.-certified counterparts, and found the vehicles to be substantially similar to the U.S. certified model 1991 Rice Beaufort Double trailers. The company contends that the nonconforming 1991 Rice Beaufort Double trailers can comply by:
•Installing compliant conspicuity reflectors, tail lamps, license plate lamps, rear side marker lamps, front side marker lamps, intermediate side markers lamps, rear identification lamps, and front and rear clearance lamps, to meet FMVSS 108 requirements.
•Replace nonconforming tires to comply with FMVSS 119.
• Install a tire information placard, and replace any nonconforming rims with ones that meet the FMVSS 120.