[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9074-9083]
[FR Doc No: 2018-04213]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0080]

Reports, Forms and Record Keeping Requirements; Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on the proposed collection of information.
    This document describes a proposed collection of information under
regulations that pertain to the importation of motor vehicles and items
of motor vehicle equipment that are subject to the Federal motor
vehicle safety, bumper, and theft prevention standards.

DATES: Comments must be received on or before May 1, 2018.

ADDRESSES: You may submit comments identified by DOT Docket No. NHTSA-
2017-0080 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for assessing the dockets. Alternately, you may
visit in person the Docket Management Facility at the street address
listed above.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance (NEF-230), National Highway Traffic Safety
Administration,

West Building--4th Floor--Room W45-205, 1200 New Jersey Avenue SE,
Washington, DC 20590. Mr. Sachs' telephone number is<PHONE_NUMBER>.
Please identify the relevant collection of information by referring to
its OMB Control Number.

SUPPLEMENTARY INFORMATION:

Prior Approval

    On December 19, 2013, NHTSA submitted to OMB a request for the
extension of the agency's approval (assigned OMB Control No. 2127-0002)
of the information collection that is incident to NHTSA's
administration of the vehicle importation regulations at 49 CFR parts
591, 592, and 593. On April 13, 2014, OMB notified NHTSA that it had
approved this extension request through April 30, 2017. That approval
was based on NHTSA submissions identifying information being collected
on an annual basis from 63,818 respondents, expending 61,882 hours of
effort, at a cost of $1,454,120. NHTSA wishes to file with OMB a
request for that agency to extend its approval for an additional three
years. NHTSA published a prior notice to extend this information
collection at 82 FR 901 (January 4, 2017). NHTSA is republishing this
notice to account for recent changes in some aspects of the information
collection concerning the processing of applications for permission to
temporarily import vehicles equipped with automated driving systems for
research or demonstration purposes under Box 7 on the HS-7 Declaration
form. These are described more fully below.

Changes in Program

    Since the information collection associated with NHTSA's
importation program was last approved by OMB, significant changes have
taken place that impact the information collection and the assessment
of its burden on affected members of the public. These have resulted,
in part, from the increasing strength of the U.S dollar against foreign
currencies, particularly the Canadian dollar, which has led to a
significant increase in the volume of vehicles imported from Canada.
Another factor that has impacted the information collection is the
transitioning in the filing of NHTSA-required import data from U.S.
Customs and Border Protection's (CBP's) legacy Automated Commercial
System (ACS) to the new Automated Commercial Environment/International
Trade Data System (ACE/ITDS). With its integration into ACE, which
began on August 1, 2015 and was completed by July 28, 2016, NHTSA is
receiving more accurate and complete information on the importation of
the commodities it regulates. As a consequence, the volume of entries,
in some instances, has greatly increased from the volume received in
prior years. For example, the volume of entries for vehicles at least
25 years old that can be imported without regard to their compliance
with the Federal motor vehicle safety standards (FMVSS) and equipment
items manufactured prior to the date that any applicable standard has
taken effect, both of which are declared under Box 1 on the HS-7
Declaration form, has increased by a factor of nearly two hundred, from
roughly 13,000 entries in 2012 to nearly 2.5 million entries in 2015.
There has been a 25 percent increase in the volume of vehicles
conforming to the FMVSS that are imported under Box 2A, from 5.6
million in 2012 to nearly 7 million in 2015. The volume of vehicles not
originally manufactured to the FMVSS that are imported by registered
importers under Box 3 has increased more than sevenfold, from roughly
30,000 vehicles in 2012, to over 216,000 vehicles in 2015. More than 99
percent of these vehicles are imported from Canada, whose dollar, as
previously indicated, has significantly weakened against the U.S.
dollar. Perhaps influenced by the same factors, there has been nearly a
doubling in the volume of Canadian-certified vehicles imported by
individuals for personal use under Box 2B, from 1,275 in 2012 to nearly
2,400 in 2015. There has been a fourfold increase in the volume of
vehicles imported for export only under Box 4, from roughly 20,000
vehicles in 2012 to slightly more than 83,000 in 2015. The volume of
nonconforming vehicles temporarily imported for research or
demonstration purposes under Box 7 has increased by nearly 25 percent,
from 6,000 vehicles in 2012 to 7,319 in 2015. Finally, the volume of
vehicles not originally manufactured for use on public roads that are
declared as off-road vehicles not subject to the FMVSS under Box 8 has
increased by nearly one third, from 326,000 in 2012 to 421,526.
    The focus of NHTSA's importation program has traditionally been on
vehicles that were not originally manufactured to comply with all
applicable FMVSS. These vehicles must be imported by a registered
importer (RI) under bond to ensure that the vehicles are brought into
compliance with applicable standards following importation.
Nonconforming vehicles are entered under Box 3 on the HS-7 Declaration
form. In calendar year 2002, 212,210 nonconforming vehicles were
imported under Box 3. Over 97 percent of those vehicles were imported
from Canada. In 2003, after the U.S. dollar began to weaken against the
Canadian dollar, the volume of nonconforming vehicle imports under Box
3 was reduced by more than half, to 97,337 vehicles. The trend
accelerated over the next five years, with 43,648 vehicles imported
under Box 3 in 2004, 12,642 imported in 2005, 10,953 imported in 2006,
7,470 imported in 2007, and 6,311 imported in 2008. After the U.S.
dollar had gained some strength against the Canadian dollar, the volume
of imports under Box 3 increased to 10,752 vehicles in 2009, and
continued to increase to 18,010 vehicles in 2010, 22,733 vehicles in
2011, and 30,138 in 2012. In 2013, 36,292 vehicles were imported under
Box 3. With the increasing strength of the U.S. dollar against the
Canadian dollar, this figure more than doubled in 2014, when 73,814
vehicles were imported, and then tripled in 2015, when a record 216,814
were imported.
    When NHTSA last requested OMB approval for the information
collection associated with the vehicle importation program, the agency
estimated that 23,600 nonconforming vehicles would be imported on an
annual basis under Box 3, for which HS-7 Declaration forms and HS-474
DOT Conformance bonds would have to be furnished. The agency estimated
that it would take five minutes to complete each HS-7 Declaration form,
and six minutes to complete each HS-474 DOT Conformance bond, for a
total expenditure of 4,327 hours to complete these forms. Given the
significant rise in nonconforming vehicle imports under Box 3 in recent
years, future projections should assume an average of 109,000 vehicle
imports per year. Relying on this figure, the hour burden associated
with the completion of paperwork for these vehicles would be close to
19,873 hours (0.08333 hours to complete each HS-7 x 109,000 vehicles =
9,083 hours; 0.1 hours to complete each HS-474 x 109,000 vehicles =
10,900 hours; 9,083 + 10,900 = 19,983 hours). This represents nearly a
462 percent increase in burden hours associated with these entries when
compared to the figures used when OMB approval was last obtained.
    Cumulatively, the changes in the vehicle importation program
detailed above have produced more than a four-fold increase in the hour
burden associated with all aspects of the program, from an estimated
61,882 hours when OMB approval was last sought in 2013, to an estimated
252,622

hours in this document, as specified more fully below.

Scope of Accounting for Burdens

    In this document, the agency has not focused exclusively on
vehicles imported under the RI program, but has instead made a
concerted effort to quantify the hour burden associated with the
completion of paperwork for vehicles and equipment items imported in
any legitimate way under NHTSA's regulations (49 CFR parts 591, 592,
and 593). As a consequence, we are providing particular information on
the paperwork burden associated with the importation of conforming
motor vehicles; the temporary importation of nonconforming vehicles for
personal use by nonresidents and by foreign diplomatic and military
personnel; the temporary importation of nonconforming vehicles
(including vehicles equipped with automated driving systems) for
purposes of research, investigations, demonstrations or training, and
other similar purposes; the importation of vehicles that are not
primarily manufactured for on-road use; and other entry categories
permitted under the agency's regulations. In addition, we have
attempted to account for all forms, whether required or optional, and
other types of information solicitations associated with vehicle and
equipment importation that appear on the agency's website and in
newsletters and other informational media that we employ to inform RIs
and others of our requirements. Accounting for all paperwork burdens in
this manner, we project that a total of 252,622 hours will be expended
each year to complete paperwork associated with all aspects of NHTSA's
program that regulates the importation of motor vehicles and equipment
items subject to the FMVSS. As described above, this represents more
than a four-fold increase over the 61,882 burden hours that were
estimated when OMB approval was last sought in 2013.

Issues for Comments To Address

    Under the Paperwork Reduction Act of 1995 (PRA), before an agency
submits a proposed collection of information to OMB for approval, it
must publish a document in the Federal Register providing a 60-day
comment period and otherwise consult with members of the public and
affected agencies concerning each proposed collection of information.
The OMB has promulgated regulations describing what must be included in
such a document. Under OMB's regulations (at 5 CFR 1320.8(d)), an
agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

Solicitation of Comments

    In compliance with these requirements, NHTSA is requesting public
comment on the following proposed collection of information:
    Title: Importation of Vehicles and Equipment Subject to the Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards.
    Type of Request: Reinstatement of an Expired Collection.
    OMB Control Number: 2127-0002.
    Affected Public: Importers of vehicles and regulated items of motor
vehicle equipment.
    Requested Expiration Date of Approval: May 31, 2021.

Summary of Collection of Information

    1. Declaration requirement for the importation of motor vehicles
and regulated items of motor vehicle equipment: NHTSA's regulations at
49 CFR part 591 provide that no person shall import a motor vehicle or
regulated item of motor vehicle equipment [e.g., tires, rims, brake
hoses, brake fluid, seat belt assemblies, lighting equipment, glazing
(i.e., windshield and window glass), motorcycle helmets, child
restraints, compressed natural gas containers (used as part of a
vehicle's fuel system and not for the purpose of transporting natural
gas), reflective triangular warning devices, rear impact guards for
trailers, and platform lift systems for the mobility impaired] unless
the importer files a declaration. See 49 CFR 591.5. This declaration is
filed with U.S. Customs and Border Protection (Customs) on a paper copy
of the HS-7 Declaration form, or, if the entry is made by a Customs
House Broker, it can be made electronically using Customs' Automated
Broker Interface (ABI) system. The HS-7 Declaration form has 14 boxes,
each of which identifies a lawful basis for the importation of a motor
vehicle or equipment item into the United States.
    a. Importation of vehicles at least 25 years old or equipment not
subject to the safety standards under Box 1: A motor vehicle at least
25 years old can be lawfully imported without regard to its compliance
with the FMVSS. So too can an equipment item manufactured on a date
when no applicable FMVSS was in effect. These vehicles and equipment
items are declared under Box 1 on the HS-7 Declaration form. In
calendar year 2013, 15,419 entries were made for vehicles and equipment
items imported under Box 1. In 2014, 633,115 entries were made, and in
2015, the volume of entries increased to 2,487,196. Based on an average
of these figures, the agency projects that roughly 1,045,243 entries
will be made under Box 1 over the next three years (15,419 + 633,115 +
2,487,196 = 3,135,730; 3,135,730 / 3 = 1,045,243). Assuming that an HS-
7 Declaration form is filed for each of these entries, and that it will
take five minutes to complete each of these forms, the agency estimates
the hour burden associated with completing the paperwork for these
entries to be approximately 87,100 hours per year (0.08333 hours x
1,045,243 = 87,100 hours).
    b. Importation of conforming vehicles and equipment under Box 2A:
Vehicles and equipment that are originally manufactured to comply with
all applicable Federal motor vehicle safety, bumper, and theft
prevention standards, and that bear a label or tag certifying such
compliance that is permanently affixed by the original manufacturer,
are declared under Box 2A on the HS-7 Declaration form. In 2013,
5,823,028 vehicles were imported under Box 2A. In 2014, the figure
increased to 6,508,918 vehicles, and increased again in 2015, to
6,909,140. Based on an average of these figures, the agency projects
that roughly 6,413,695 vehicles will be imported each year under Box 2A
for the next three years. The overwhelming majority of vehicles entered
under Box 2A are imported by original manufacturers. As a rule,
manufacturers do not file a separate HS-7 Declaration form for each
conforming vehicle they import under Box 2A. Instead, the manufacturers
furnish NHTSA with a single declaration form, on a monthly basis, to
which they attach a list of all vehicles, identified by make, model,
model year, and vehicle identification number (VIN), that were imported
under Box 2A during that month. In this manner, it is not unusual for a
single HS-7 Declaration form to be filed with the agency to cover the
entry

of many thousands of vehicles. Assuming that manufacturers account for
90 percent of the vehicles imported under Box 2A, and that a
manufacturer will, on average, report the entry of 5,000 vehicles on a
single Declaration form, and that all other vehicles imported under Box
2A are declared individually, the agency projects the hour burden
associated with completing the paperwork for the entry of these
vehicles to be 53,541 hours per year (6,413,695 vehicles x .9 =
5,772,325 vehicles imported by original manufacturers; 5,772,325
vehicles / 5,000 vehicles per declaration forms filed = 1,154
declaration forms being filed per year by manufacturers; assuming that
a separate declaration is filed for each other vehicle imported under
Box 2A yields 641,370 declarations being filed per year for these
vehicles; 641,370 + 1,154 = 642,524 declarations per year; 0.08333
hours to complete each declaration x 642,524 declarations = 53,541
hours).
    c. Importation of conforming Canadian-market vehicles for personal
use under Box 2B: A motor vehicle that is certified by its original
manufacturer as complying with all applicable Canadian motor vehicle
safety standards can be imported by an individual for personal use
under Box 2B. To accomplish the entry, the importer must furnish
Customs with a letter from the vehicle's original manufacturer
confirming that the vehicle conforms to all applicable U.S. Federal
motor vehicle safety, bumper, and theft prevention standards, or that
it conforms to all such standards except for the labeling requirements
of Standard Nos. 101 Controls and Displays and 110 or 120 Tire
Selection and Rims, and/or the requirements of Standard No. 108 Lamps,
Reflective Devices, and Associated Equipment relating to daytime
running lamps. A total of 1,246 vehicles were declared under Box 2B in
2013. In 2014, a total of 1,245 vehicles were declared under Box 2B and
in 2015, 2,396 vehicles were declared under that box. Assuming these
figures represent a fair approximation of the volume of vehicles
imported under Box 2B in those three calendar years, the agency
projects that roughly 1,629 vehicles will be imported under Box 2B in
each of the next three calendar years. Assuming that a separate HS-7
Declaration form is filed for each of these vehicles, the hour burden
associated with the completing the paperwork for the entry of these
vehicles will be 136 hours per year (1,629 vehicles x 0.08333 hours per
entry = 136 hours).
    d. Importation of nonconforming vehicles by registered importers
under Box 3:

Statutory and Regulatory Background

    Section 30112(a) of Title 49, U.S. Code prohibits, with certain
exceptions, the importation into the United States of a motor vehicle
manufactured on or after the date an applicable Federal motor vehicle
safety standard (FMVSS) takes effect, unless the motor vehicle was
manufactured in compliance with the standard and was so certified by
its original manufacturer. Under one of the exceptions to this
prohibition, found at 49 U.S.C. 30141, a nonconforming vehicle can be
imported into the United States provided (1) NHTSA decides that the
vehicle is eligible for importation, based on its capability of being
modified to conform to all applicable FMVSS, and (2) it is imported by
a registered importer (RI), or by a person who has a contract with an
RI to bring the vehicle into conformity with all applicable standards
following importation. Regulations implementing this statute are found
at 49 CFR parts 591 and 592.

HS-7 Declaration Form

    The regulations require a declaration to be filed (on the HS-7
Declaration Form) at the time a vehicle is imported that identifies,
among other things, whether the vehicle was originally manufactured to
conform to all applicable FMVSS, and if it was not, to state the basis
for the importation of the vehicle.
    A nonconforming vehicle that NHTSA has decided to be eligible for
importation can be imported by an RI, or by a person who has a contract
with an RI to modify the vehicle so that it conforms to all applicable
FMVSS, under Box 3 on the HS-7 Declaration form. As previously noted,
the volume of imports under Box 3 has greatly increased in recent
years. In 2013, 36,266 vehicles were imported under Box 3; in 2014,
73,809 vehicles were imported; and in 2015, 216,812 vehicles were
imported. Based on these figures, the agency projects that 109,000
vehicles will be imported each year under Box 3. Assuming that volume,
the hour burden associated with the completion of the HS-7 Declaration
form for these vehicles will be 9,083 hours (0.08333 hours to complete
each HS-7 x 109,000 vehicles = 9,083 hours).

HS-474 Conformance Bond

    NHTSA's regulations also require an RI, among other things, to
furnish a bond (on the HS-474 Conformance Bond form) at the time of
entry for each nonconforming vehicle it imports, to ensure that the
vehicle will be brought into conformity with all applicable safety and
bumper standards within 120 days of entry or will be exported from, or
abandoned to, the United States. A HS-474 Conformance Bond has to be
furnished for each nonconforming vehicle imported under Box 3. Assuming
an importation volume of 109,000 vehicles per year, the hour burden
associated with the completion of the HS-474 will be 10,900 hours (0.1
hours to complete each HS-474 x 109,000 vehicles = 10,900 hours).

Conformity Statement

    After modifying the vehicle to conform to all applicable standards,
the RI submits a statement of conformity (on a suggested form) to
NHTSA, which will then issue a letter permitting the bond to be
released if the agency is satisfied that the vehicle has been modified
in the manner stated by the RI. The statement of conformity contains a
check-off list on which the RI identifies the FMVSS and other agency
requirements to which the vehicle conforms as originally manufactured
and the FMVSS and other requirements to which the vehicle was modified
to conform. The RI also attaches to the statement of conformity
documentary and photographic evidence of the modifications that it made
to the vehicle to achieve conformity with applicable standards.
Collectively, these documents are referred to as a ``conformity
package.''
    A conformity package must be submitted for each nonconforming
vehicle imported under Box 3. Because the Canadian motor vehicle safety
standards are identical in most respects to the FMVSS, there are
relatively few modifications that need to be performed on a Canadian-
certified vehicle to conform it to the FMVSS and the conformity
packages that are submitted on these vehicles are considerably less
comprehensive than those submitted for vehicles from Europe, Japan, and
other foreign markets. The agency estimates that it would take the
average RI no more than 30 minutes to collect information for, and
assemble, a conformity package for a Canadian-certified vehicle.
    Generally, more modifications are needed to conform a non-Canadian
vehicle to the FMVSS. To properly document these modifications, more
information must be included in the conformity package for a non-
Canadian vehicle than is required for a Canadian-certified vehicle. The
agency estimates that it would take an RI approximately twice as long,
or roughly one hour, to compile information for, and assemble,

a conformity package for a typical non-Canadian vehicle.
    Of the 36,266 nonconforming vehicles imported under Box 3 in 2013,
35,973, or roughly 99.1 percent, were Canadian market and 293, or
roughly 0.9 percent, were from markets other than Canada. Of the 73,809
nonconforming vehicles imported under Box 3 in 2014, 73,467, or roughly
99.5 percent, were Canadian market and 342, or roughly 0.5 percent,
were from markets other than Canada. Of the 216,812 nonconforming
vehicles imported under Box 3 in 2016, 216,445 or roughly 99.8 percent,
were Canadian market and 357, or roughly 0.2 percent, were from markets
other than Canada. Assuming this trend continues in future years, the
agency estimates the hour burden associated with the submission of
conformity packages on Canadian-certified vehicles to be 54,200 hours
per year (109,000 vehicles x 99.45 percent or 0.9945 = 108,400
vehicles; 108,400 vehicles x 0.5 hours per vehicle = 54,200 hours). The
agency estimates the hour burden associated with the submission of
conformity packages for non-Canadian vehicles to be 600 hours per year
(109,000 vehicles x .55 percent or 0.0055 = 600 vehicles; 600 vehicles
x 1.0 hours per vehicle = 600 hours. Adding these figures yields an
estimated burden of 54,800 hours per year for the entire RI industry to
compile and submit conformity packages to NHTSA on nonconforming
vehicles imported under Box 3 (54,200 hours + 600 hours = 54,800
hours).

Import Eligibility Petition

    As previously noted, a motor vehicle that was not originally
manufactured to comply with all applicable FMVSS cannot be lawfully
imported into the United States on a permanent basis unless NHTSA
decides that the vehicle is eligible for importation, based on its
capability of being modified to conform to those standards. Under 49
U.S.C. 30141, the eligibility decision can be based on the
nonconforming vehicle's substantial similarity to a vehicle of the same
make, model, and model year that was manufactured for importation into,
and sale in the United States, and certified as complying with all
applicable FMVSS by its original manufacturer. Where there is no
substantially similar U.S.-certified vehicle, the eligibility decision
must be predicated on the vehicle having safety features that are
capable of being modified to conform to the FMVSS, based on destructive
crash test data or such other evidence that the agency may deem
adequate. The agency makes import eligibility decisions either on its
own initiative, or in response to petitions filed by RIs. Only a small
number of RIs (currently about 16 out of the 107 RIs registered with
the agency) ever submit import eligibility petitions. Many of these
businesses have, over the years, submitted multiple petitions to the
agency. The agency estimates that it would take the typical RI that
petitions the agency roughly two hours to complete the paperwork
associated with the submission of a petition for a vehicle that has a
substantially similar U.S.-certified counterpart, and roughly twice as
long, or four hours, to complete the paperwork associated with the
submission of a petition for a vehicle that lacks a substantially
similar U.S.-certified counterpart. In 2013, 28 import eligibility
petitions were submitted to the agency. Of these, 20, or 71 percent,
were for vehicles with substantially similar U.S.-certified
counterparts and 8, or 29 percent, were for vehicles for which there
were no substantially similar U.S. certified counterparts. In 2014, 10
import eligibility petitions were submitted to the agency. Of these, 9,
or 90 percent, were for vehicles with substantially similar U.S.-
certified counterparts, and 1, or 10 percent, were for vehicles for
which there were no substantially similar U.S.-certified counterparts.
In 2015, 15 import eligibility petitions were submitted to the agency.
Of these, 14, or 93 percent, were for vehicles with substantially
similar U.S.-certified counterparts, and 1, or 7 percent, were for
vehicles for which there were no substantially similar U.S.-certified
counterparts. Assuming this trend continues in future years, the agency
estimates that roughly 18 import eligibility petitions will be
submitted each year, 85 percent of which, or 15 petitions, will be for
vehicles with substantially similar U.S.-certified counterparts, and 15
percent of which, or 3 petitions, will be for vehicles lacking
substantially similar U.S.-certified counterparts. Based on these
figures, the agency estimates that the hour burden for the paperwork
associated with the submission of import eligibility petitions to be 42
hours per year (15 petitions x 2 hours per petition = 30 hours; 3
petitions x 4 hours per petition = 12 hours; 30 hours + 12 hours = 42
hours).
    e. Importation of vehicles or equipment intended solely for export
under Box 4: A nonconforming vehicle or equipment item that is intended
solely for export, and bears a tag or label to that effect, can be
entered under Box 4 on the HS-7 Declaration form. In 2013, 45,509
vehicles were imported under Box 4. In 2014, 52,485 were imported and
in 2015, the volume of Box 4 entries increased to 83,349. Based on
these figures, the agency projects that an average of 63,447 vehicles
will be imported under Box 4 in each of the next three years. Based on
that figure, the hour burden associated with the completion of the HS-7
Declaration form for these vehicles will be 5,287 hours (0.08333 hours
to complete each HS-7 x 63,447 vehicles = 5,287 hours).
    f. Temporary importation of nonconforming vehicles by nonresidents
of the United States under Box 5: Under an international convention to
which the United States is a signatory, a nonresident of the United
States can import a nonconforming vehicle for personal use, for a
period of up to one year, provided the vehicle is not sold while in the
United States and is exported no later than one year from its date of
entry. These vehicles are entered under Box 5 on the HS-7 Declaration
form. To enter a vehicle under Box 5, the importer must also furnish
Customs with the importer's passport number and the name of the country
that issued the passport. In 2013, a total of 322 vehicles were
imported under Box 5. In 2014, 382 vehicles were imported under that
box. In 2015, 193 were imported. Based on these figures, the agency
estimates that roughly 300 vehicles will be imported under Box 5 in
each of the next three years. Assuming that volume, the hour burden
associated with the completion of the HS-7 Declaration form for these
vehicles will be under 25 hours (0.08333 hours to complete each HS-7 x
300 vehicles = 24.99 hours).
    g. Temporary importation of nonconforming vehicles by foreign
diplomats under Box 6: A member of a foreign government on assignment
in the United States, or a member of the secretariat of a public
international organization so designated under the International
Organizations Immunities Act, and within the class of persons for whom
free entry of motor vehicles has been authorized by the Department of
State, can temporarily import a nonconforming vehicle for personal use
while in the United States. These vehicles are entered under Box 6 on
the HS-7 Declaration form. The importer must attach to the declaration
a copy of the importer's official orders and supply Customs with the
name of the embassy to which the importer is attached. In 2013, a total
of 16 vehicles were imported under Box 6. In 2014, 11 vehicles were
imported under that box. In 2015, 16 were again imported. Based on
these figures, the agency estimates that roughly 14 vehicles will be
imported under Box 6 in each of the next three years. Assuming that
volume, the hour burden associated with the

completion of the HS-7 Declaration form for these vehicles will be
roughly 1 hour (0.08333 hours to complete each HS-7 x 14 vehicles =
1.16 hours).
    h. Temporary importation of nonconforming vehicles (other than
vehicles equipped with automated driving systems) and equipment under
Box 7: Under 49 U.S.C. 30114, NHTSA is authorized to exempt a motor
vehicle (including one equipped with an automated driving system) or
item of motor vehicle equipment from the importation restriction in 49
U.S.C. 30112(a), on such terms the agency decides are necessary, for
purposes of research, investigations, demonstrations, training,
competitive racing events, show, or display. Regulations implementing
this provision are found at 49 CFR part 591. Under those regulations,
written permission from NHTSA is needed to temporarily import a
nonconforming motor vehicle (including one equipped with an automated
driving system) or equipment item for one of the specified purposes
unless the importer is a manufacturer of motor vehicles that are
certified to the FMVSS. An application form that can be used to obtain
the letter of permission is posted to the agency's website at
www.nhtsa.gov/cars/rules/import. If NHTSA grants permission, the
nonconforming motor vehicle or equipment item can be temporarily
imported under Box 7 on the HS-7 Declaration form. In 2013, 8,309
entries were made under Box 7. In 2014, 6,558 entries were made. In
2015, 7,319 were made. Permission letters were requested from NHTSA for
236 of the entries made in 2013, 312 of the entries made in 2014, and
336 of the entries made in 2015, representing roughly 4 percent of the
total number of entries made under Box 7 in those years. The remaining
entries were for vehicles and equipment imported by original
manufacturers of vehicles that are certified to the FMVSS, who can
temporarily import nonconforming vehicles and equipment for any of the
specified purposes under Box 7 without the need for a NHTSA permission
letter. Averaging the volume of imports over the past three years, the
agency projects that roughly 7,395 entries will be made under Box 7 in
each of the next three years. Assuming that applications for NHTSA
permission letters will be submitted for 4 percent of those entries,
and that a single application will be filed for each entry, the agency
estimates that 295 applications will be filed in each of the next three
years. Based on the estimate that it will take roughly five minutes to
complete each of those applications, the agency projects that under 25
hours will be expended on an annual basis to submit applications for
permission from NHTSA to import vehicles (other than ones equipped with
automated driving systems, as discussed below) and motor vehicle
equipment under Box 7 (0.0833 hours per application x 295 applications
= 24.58 hours). Assuming that a single HS-7 Declaration form is filed
for each vehicle (other than one equipped with an automated driving
system) imported under Box 7, the agency projects that under 617 hours
will be expended on an annual basis in completing the declaration for
vehicles imported under Box 7 (0.0833 hours per declaration x 7,395
vehicles = 616.23 hours).
    i. Temporary importation of vehicles equipped with automated
driving systems under Box 7: NHTSA has received, since the latter part
of 2016, a number of applications for permission to temporarily import
under Box 7 for research and demonstration purposes nonconforming
vehicles either equipped with, or to be equipped with automated driving
systems (ADS). Some of these applications have requested NHTSA's
permission to operate the vehicles on public roads or in demonstrations
that would permit members of the general public to board the vehicles
and ride in them while operated in autonomous mode. Owing to the novel
nature of ADS, and the potential risks associated with the introduction
of vehicles equipped with that technology on public roads or in
demonstrations involving members of the general public, NHTSA has
determined that it requires additional information to process
applications of this kind. NHTSA will request information about the
degree to which the vehicle complies with the FMVSS or other safety
standards; the maximum speed capability of the vehicle; the power
source and degree to which it complies with the applicable standard or
equivalent industry standards or practices; the extent to which the
vehicle has been previously tested in autonomous mode and whether the
vehicle has been involved in any crashes and if so, whether any of
those crashes involved deaths or injuries; whether the vehicle is a
production or prototype model; the automation level of the vehicle;
whether a trained operator will be in the vehicle when operated in
autonomous mode; whether the operator will be able to take immediate
control of the vehicle should the need arise; and whether members of
the public will be granted access to the vehicle while it is being
operated in autonomous mode. Owing to the additional information that
needs to be furnished, these applications will take longer to complete
than applications for vehicles that are not equipped with ADS. Based on
the number of applications that it has received to date, NHTSA
estimates that it will receive 25 applications in each of the next
three years for the temporary importation of vehicles with ADS, and
NHTSA estimates that it will take each applicant ten hours to
accumulate and furnish the information needed for each of these
applications. Based on these estimates, the agency projects that
approximately 250 hours will be expended each year submitting
applications for permission from NHTSA to import vehicles with ADS
under Box 7 (10 hours per application x 25 applications = 250 hours).
    In addition, should NHTSA grant an application for permission to
import a nonconforming vehicle with ADS for research or demonstration
purposes, the agency may attach conditions to its grant of approval.
Some of the conditions that would increase the paperwork burden for the
importers include reporting requirements and disclosure and/or
placarding requirements. For instance, all importers of vehicles
equipped or to be equipped with ADS would be required to submit an
annual report to NHTSA on the status of all vehicles imported for the
research program that identifies, by VIN, all vehicles that remain in
the United States, all vehicles removed from service and the reason(s)
for their removal, and their disposition. Another condition would
require importers to notify NHTSA anytime a vehicle is involved in a
crash or other incident, including near misses and difficult edge cases
that the ADS could not handle without further modification, and provide
copies of all accident reports concerning the occurrence prepared by
State or local law enforcement authorities. NHTSA may also apply a
condition requiring importers to affix a label to the interior and/or
exterior of the vehicle warning prospective and actual occupants that
the vehicle does not comply with all applicable FMVSS. The agency
estimates that approximately 107 hours will be expended on an annual
basis on these activities by all applicants who have been granted
permission to import nonconforming vehicles with ADS for research or
demonstration purposes. NHTSA estimates that 75 importers will submit
annual reports (75 importers x 1 hour to compile and submit each report
= 75 hours), that 5 incidents will be reported to NHTSA each year (5

incidents x 1 hour to submit each report = 5 hours), that 25 new
importers will format placarding for placement in each imported vehicle
(25 importers x 1 hour to format a placard = 25 hours), and that 60 new
vehicles will need to be placarded (60 vehicles x 2 minutes to placard
each vehicle = 2 hours) for a total of 107 additional burden hours. In
addition, NHTSA estimates that each placard will cost manufacturers $1
per vehicle,\1\ resulting in a total annual cost to the industry of $60
for the placarding requirement (60 vehicles per year x 1 placard per
vehicle x $1 per placard = $60).
---------------------------------------------------------------------------

    \1\ This amount is significantly higher than NHTSA's estimates
of placarding costs in other clearances due to the fact that
importers will placard only a very small number of vehicles and,
therefore, are unable to achieve economies of scale. For example, in
NHTSA's Tires and Rim Labeling collection NHTSA estimates that it
will cost manufacturers $0.0074 to placard vehicles with the
information required by FMVSS No. 119, New pneumatic tires for motor
vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds)
and motorcycles, S4.3. See ICR Reference No.<PHONE_NUMBER>-007.
---------------------------------------------------------------------------

    Because of the additional information that must be collected and
reviewed, it will normally take NHTSA longer to process a request for
permission to import a vehicle with ADS for research or demonstration
purposes than it takes the agency to process a request for permission
to import a vehicle without such a system. That is especially true
whenever permission is sought to operate the vehicle on public roads or
in demonstrations involving members of the public. Whereas the agency
will normally process a request for permission to import a non-ADS-
equipped vehicle in less than one hour, it can take the agency up to
ten hours to review and process the information submitted in support of
an application to import an ADS-equipped vehicle for research or
demonstration purposes. Based on the assumption that 25 applications
for permission to import such vehicles will be submitted each year, the
agency estimates that it will expend 250 hours in processing these
applications (25 applications x 10 hours = 250 hours).
    j. Importation of off-road vehicles under Box 8: NHTSA regulates
the importation of ``motor vehicles,'' which are defined (at 49 U.S.C.
30102) as vehicles that are driven or drawn by mechanical power and
manufactured primarily for use on public streets, roads, and highways.
Vehicles that are not primarily manufactured for on-road use do not
qualify as ``motor vehicles'' under this definition, and may therefore
be imported without regard to their compliance with the FMVSS. These
vehicles are entered under Box 8 on the HS-7 Declaration form. Vehicles
that can be entered in this fashion include those that are originally
manufactured for closed circuit racing. Although approval from NHTSA is
not needed to import a vehicle that was originally manufactured for
racing purposes, the agency will issue a letter recognizing a
particular vehicle as having been so manufactured if the importer
requests the agency to do so. An application form that can be used to
obtain such a letter is also posted to the agency's website at
www.nhtsa.gov/cars/rules/import. In 2013, applications were submitted
to NHTSA for 1 vehicle imported under Box 8. In 2014, 13 applications
were filed. In 2015, 25 were filed. Based on these figures, the agency
projects that 13 applications to import vehicles for racing purposes
under Box 8 will be submitted in each of the next three years. Assuming
that it will take five minutes to complete each of these applications,
the agency estimates that slightly more than 1 hour will be expended in
completing these applications (0.08333 hours x 13 applications = 1.08
hours).
    In 2013, a total of 207,112 off-road vehicles and equipment items
were imported under Box 8. In 2014, 335,281 off-road vehicles and
equipment items were imported under that box. In 2015, 421,546 were
imported. Averaging those figures, the agency projects that roughly
321,323 off-road vehicles and equipment items will be imported under
Box 8 in each of the next three years. Assuming that volume, the hour
burden associated with the completion of the HS-7 Declaration form for
these vehicles and equipment items will be 26,776 hours (0.08333 hours
to complete each HS-7 x 321,323 entries = 26,776).
    k. Importation of vehicles or equipment requiring further
manufacturing operations under Box 9: A motor vehicle or equipment item
that requires further manufacturing operations to perform its intended
function, other than the addition of readily attachable components such
as mirrors or wipers, or minor finishing operations such as painting,
can be entered under Box 9 on the HS-7 Declaration form. Documents from
the manufacturer must be furnished for these entries. In 2013, 27,604
vehicles were imported under Box 9. In 2014, 45,905 vehicles were
imported under that box. In 2015, 38,737 were imported. Averaging those
figures, the agency projects that roughly 37,415 vehicles will be
imported under Box 9 in each of the next three years. Assuming that a
separate HS-7 Declaration form is filed for each of those vehicles, the
agency projects that approximately 3,118 hours will be expended on an
annual basis in completing the declaration for vehicles imported under
Box 9 (0.0833 hours per declaration x 37,415 vehicles = 3,118).
    l. Importation of vehicles for show or display under Box 10:
Vehicles that are deemed by NHTSA to have sufficient technological or
historical significance that they would be worthy of being exhibited in
car shows if they were brought to the United States are eligible for
importation for purposes of show or display under Box 10 on the HS-7
Declaration form. Written permission from NHTSA is also needed to
import a vehicle for that purpose. An application form that can be used
to request the agency to decide that a particular make, model, and
model year vehicle is eligible for importation for purposes of show or
display is posted to the agency's website at www.nhtsa.gov/cars/rules/import. In 2013, the agency received zero applications to determine
vehicles eligible for importation for purposes of show or display. In
2014, the agency received 2 such applications. In 2015, the agency
again received zero applications. Averaging these figures, the agency
projects that it will receive one application to determine vehicles
eligible for importation for purposes of show or display in each of the
next three years. Assuming that it will take the typical applicant up
to ten hours to compile and assemble the materials needed to support
each application, the agency estimates that up to 10 hours will be
expended in this activity in each of those years.
    Also on the agency's website is an application form that can be
used to request NHTSA to permit a particular vehicle to be imported for
purposes of show or display once the agency has decided that the
vehicle is of a make, model, and model year that is eligible for
importation for those purposes. Certain restrictions apply to vehicles
that are imported for purposes of show or display. Among those is a
requirement that the vehicle not be driven in excess of 2,500 miles per
year. The application specifies the terms of the importation and makes
provision for the applicant to agree to those terms. In 2013, the
agency received 23 applications to import specific vehicles for
purposes of show or display. In 2014, the agency received 56 such
applications. In 2015, the agency received 25. Averaging those figures,
the agency estimates that it will receive roughly 35 applications in
each of the next three years. Assuming that it will take the typical
applicant up to one hour to compile and assemble the

materials needed to support each application, the agency estimates that
up to 35 hours will be expended in this activity in each of those
years.
    m. Importation of equipment subject to the Theft Prevention
Standard under Box 11: Items of motor vehicle equipment that are marked
in accordance with the Theft Prevention Standard in 49 CFR part 541 are
entered under Box 11 on the HS-7 Declaration form. In 2013, there were
7,513 entries under Box 11. In 2014, there were 8,675 such entries. In
2015 there were 4,509. Averaging these figures, the agency estimates
that 6,899 entries will be made under Box 11 in each of the next three
years. Assuming that it will take five minutes to complete each of
these entries, the agency projects that under 575 hours will be
expended on an annual basis in making these entries for equipment
imported under Box 11 (0.0833 hours per declaration x 6,899
declarations = 574.89 hours).
    n. Temporary importation of nonconforming vehicles by foreign
military personnel under Box 12: A member of the armed forces of a
foreign country on assignment in the United States can temporarily
import a nonconforming vehicle for personal use during the member's
tour of duty under Box 12 on the HS-7 Declaration form. In 2013, a
total of 33 vehicles were imported under Box 12. In 2014, 21 such
vehicles were imported. In 2015, 51 were imported. Averaging these
figures, the agency projects that roughly 35 vehicles will be imported
under Box 12 in each of the next three years. Assuming that volume, the
hour burden associated with the completion of the HS-7 Declaration form
for these vehicles will be under 3 hours (0.08333 hours to complete
each HS-7 x 35 vehicles = 2.92 hours).
    o. Importation of vehicles to prepare import eligibility petitions
under Box 13: A nonconforming vehicle imported by an RI for the purpose
of preparing a petition for NHTSA to decide that a particular make,
model, and model year vehicle is eligible for importation is entered
under Box 13 on the HS-7 Declaration form. A letter from NHTSA granting
the importer permission to import the vehicle for that purpose must be
filed with the declaration. NHTSA has issued guidance to inform RIs
that it will permit no more than two vehicles to be imported for the
purpose of preparing an import eligibility petition. Box 13 was
incorporated into the HS-7 Declaration form when that form was last
revised in May, 2006. The agency received requests to permit the
importation of 26 vehicles under Box 13 in 2013, 9 in 2014, and 14 in
2015. Averaging these figures, the agency projects that roughly 16
vehicles will be imported under Box 13 in each of the next three years.
Assuming that volume, the hour burden associated with the completion of
the HS-7 Declaration form for these vehicles will be under 2 hours
(0.08333 hours to complete each HS-7 x 16 vehicles = 1.33 hours).
    2. Information collected from applicants for RI status and existing
RIs seeking to renew their registrations: Under 49 U.S.C. 30141, a
motor vehicle that was not originally manufactured to comply with all
applicable FMVSS cannot be lawfully imported into the United States on
a permanent basis unless (1) NHTSA decides it is eligible for
importation, based on its capability of being modified to conform to
all applicable FMVSS and (2) it is imported by an RI or by a person who
has a contract with an RI to modify the vehicle so that it complies
with all applicable FMVSS following importation. NHTSA is authorized by
49 U.S.C. 30141(c) to establish, by regulation, procedures for
registering RIs. Those regulations are found in 49 CFR part 592.
    a. Information collected from applicants: Under the terms of the
regulations in part 592, an applicant for RI status must submit to the
agency information that identifies the applicant, specifies the manner
in which the applicant's business is organized (i.e., sole
proprietorship, partnership, or corporation), and, depending on the
form of organization, identifies the principals of the business. The
application must also state that the applicant has never had a
registration revoked and identify any principal previously affiliated
with another RI. The application must also provide the street address
and telephone number in the United States of each facility for the
conformance, storage, and repair of vehicles that the applicant will
use to fulfill its duties as an RI, including records maintenance, and
the street address in the United States that it designates as its
mailing address. The applicant must also furnish a business license or
other similar document issued by a State or local authority authorizing
it to do business as an importer, seller, or modifier of motor
vehicles, or a statement that it has made a bona fide inquiry and is
not required by any State or local authority to maintain such a
license. The application must also set forth sufficient information to
allow the Administrator to conclude that the applicant (1) is
technically able to modify nonconforming vehicles to conform to
applicable Federal motor vehicle safety and bumper standards, (2) owns
or leases one or more facilities sufficient in nature and size to
repair, conform, and store the vehicles for which it furnishes
statements of conformity to NHTSA, (3) is financially and technically
able to provide notification of and a remedy for a noncompliance with
an FMVSS or a defect related to motor vehicle safety determined to
exist in the vehicles it imports, and (4) is able to acquire and
maintain information on the vehicles that it imports and the owners of
those vehicles so that it can notify the owners if a safety-related
defect or noncompliance is determined to exist in such vehicles. The
application must also contain a statement that the applicant will abide
by the duties of an RI and attest to the truthfulness and correctness
of the information provided in the application. A brochure containing
sample documents that an applicant may use in applying to become an RI
is posted to the agency's website at www.nhtsa.gov/cars/rules/import.
In 2013, NHTSA received 4 applications for RI status. In 2014, the
agency received 5 applications of this kind. In 2015, the agency
received 10. Based on these figures, the agency anticipates that it
will receive 6 applications for RI status in each of the next three
years. Assuming that it will take up to ten hours to compile and
assemble the material needed to support a single application, the
agency estimates that 60 hours will be expended in this activity for
each of the next three years (6 applications x 10 hours = 60 hours).
    b. Information collected from existing RIs: To maintain its
registration, an RI must file an annual statement affirming that all
information it has on file with the agency remains correct and that it
continues to comply with the requirements for being an RI. Formats that
existing RIs may use to renew their registrations are included in a
newsletter sent electronically to each RI before the renewal is due and
posted to the agency's website at www.nhtsa.gov/cars/rules/import. The
number of RI renewals increased in recent years on account of the
strengthening of the U.S. dollar against the Canadian dollar, and the
concomitant increase in the volume of vehicles imported from Canada. In
2013, NHTSA received renewal packages from 62 RIs. In 2014, the agency
received 66 renewal packages. In 2012, the agency received 65. Based on
these figures, the agency anticipates that it will receive an average
of 64 renewal packages in each of the next three years. Assuming that
it will take up to two hours to compile and assemble the

material needed to support a single application for renewal, the agency
estimates that 128 hours will be expended in this activity for each of
the next three years (64 renewal applications x 2 hours = 128 hours).
    3. Information to be retained by RIs: The agency's regulations at
49 CFR 592.6(b) require an RI to maintain and retain certain specified
records for each motor vehicle for which it furnishes a certificate of
conformity to NHTSA, for a period of 10 years from the vehicle's date
of entry. As described in the regulations, those records must consist
of ``correspondence and other documents relating to the importation,
modification, and substantiation of certification of conformity to the
Administrator.'' The regulations further specify that the records to be
retained must include (1) a copy of the HS-7 Declaration Form furnished
for the vehicle at the time of importation, (2) all vehicle or
equipment purchase or sales orders or agreements, conformance
agreements with importers other than RIs, and correspondence between
the RI and the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity to NHTSA, (3) the last known name
and address of the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity, and the vehicle identification
number (VIN) of the vehicle, and (4) records, both photographic and
documentary, reflecting the modifications made by the RI, which were
submitted to NHTSA to obtain release of the conformance bond furnished
for the vehicle at the time of importation. See 49 CFR 592.6(b)(1)
through (b)(4).
    The latter records are referred to as a ``conformity package.''
Most conformity packages submitted to the agency covering vehicles
imported from Canada are comprised of approximately six sheets of paper
(including a check-off sheet identifying the vehicle and the standards
that it was originally manufactured to conform to and those that it was
modified to conform to, a statement identifying the recall history of
the vehicle, a copy of the HS-474 conformance bond covering the
vehicle, and a copy of the mandatory service insurance policy obtained
by the RI to cover its recall obligations for the vehicle). In
addition, most conformity packages include photographs of the vehicle,
components that were modified or replaced to conform the vehicle to
applicable standards, and the certification labels affixed to the
vehicle.
    Approximately 120 conformity packages can be stored in a cubic foot
of space. Based on projected imports of 109,000 nonconforming vehicles
per year, 908.33 cubic feet of space will be needed on an industry-wide
basis to store one year's worth of conformity packages. Assuming an
annual cost of $20 per cubic foot to store the information, NHTSA
estimates the aggregate cost to industry for storing a year's worth of
conformity packages to be $18,167 per year.
    RIs are also required under 49 CFR 592.6(b) to retain a copy of the
HS-7 Declaration Form furnished to Customs at the time of entry for
each nonconforming vehicle for which they submit a conformity package
to NHTSA. Paper HS-7 Declaration Forms are only filed for a small
fraction of the nonconforming vehicles imported into the United States.
Customs brokers file entries for most nonconforming vehicles
electronically by using the Automated Broker Interface (ABI) system.
For example, in Calendar year 2010, 17,645 ABI entries were made for
nonconforming vehicles imported into the United States under Box 3, and
only 365 paper HS-7 Declaration Forms (representing just two percent of
the total) were filed for such vehicles. Because HS-7 Declaration Forms
are filed for only a small fraction of the nonconforming vehicles that
are imported by RIs, the storage requirement for those records can have
no more than a negligible cost impact on the industry. Because the
remaining records that RIs are required to retain under 49 CFR 592.6(b)
may be stored electronically, the costs incident to the storage of
those records should also be negligible.
    RIs who conduct recall campaigns to remedy a safety-related defect
or a noncompliance with an FMVSS determined to exist in a vehicle they
import must report the progress of those campaigns to NHTSA. The agency
estimates that it should take each RI that is required to conduct a
safety recall campaign approximately one hour to compile information
for, and prepare each of the two reports it would be required to submit
to the agency detailing the progress of the recall campaign. Since
vehicle manufacturers in most cases include vehicles imported by RIs in
their own recall campaigns, it is likely that very few of these reports
would have to be prepared or submitted by RIs.
    Description of the Need for the Information and Proposed Use of the
Information--The information collection detailed above is necessary to
ensure that motor vehicles and items of motor vehicle equipment subject
to the Federal motor vehicle safety, bumper and theft prevention
standards are lawfully imported into the United States. To be lawfully
imported, the vehicle or equipment item must be covered by one of the
boxes on the HS-7 Declaration form and the importer must declare,
subject to penalty for making false statements, that the vehicle or
equipment item is entitled to entry under the conditions specified on
the form, including the provision of any supporting information or
materials that may be required.
    NHTSA relies on the information provided by RIs and applicants for
RI status to obtain and renew their registrations so that it can better
ensure that RIs are meeting their obligations under the statutes and
regulations governing the importation of nonconforming vehicles and can
make more informed decisions in conferring RI status on applicants and
in permitting RI status to be retained by those currently holding
registrations. In this manner, those lacking the capability to
responsibly provide RI services, or who have committed or are
associated with those who have committed past violations of the vehicle
importation laws, can be more readily denied registration as an RI, or
if they already hold such a registration, have that registration
suspended or revoked when circumstances warrant such action.
    Description of the Likely Respondents (Including Estimated Number
and Proposed Frequency of Responses to the Collection of Information)--
With regard to the HS-7 Declaration form, likely respondents include
any private individual or commercial entity importing into the United
States a vehicle or item of motor vehicle equipment subject to the
Federal motor vehicle safety standards. It is difficult to estimate,
with reliability, the absolute number of such respondents; however,
that number would include:
     The 107 RIs who are currently registered with NHTSA and
import nonconforming vehicles under Boxes 3 and 13;
     the roughly 1,629 individuals who import each year
Canadian-certified vehicles for personal use under Box 2B;
     the several hundred original manufacturers who import
conforming motor vehicles and equipment items under Box 2A;
nonconforming vehicles or equipment intended for export under Box 4;
nonconforming vehicles and equipment on a temporary basis for purposes
of research, investigations, or other reasons specified under Box 7;
vehicles and equipment requiring further manufacturing operations under
Box 9; and equipment subject to the

Theft Prevention Standard under Box 11.
     the several hundred dealers, distributors, and individuals
who import off-road vehicles such as dirt bikes and all-terrain
vehicles or ATVs, as well as other vehicles that are not primarily
manufactured for on-road use under Box 8.
     the several hundred nonresidents of the United States and
foreign diplomatic and military personnel who temporarily import
nonconforming vehicles for personal use under Boxes 5, 6, and 12.
    Estimate of the Total Annual Reporting and Recordkeeping Burden of
the Collection of Information--Adding together the burden hours
detailed above yields a total of 252,622 hours expended on an annual
basis for all paperwork associated with the filing of the HS-7
Declaration form and other aspects of the vehicle importation program.
    Estimate of the Total Annual Costs of the Collection of
Information--Other than the cost of the burden hours, the only
additional costs associated with this information collection are the
$18,167 cost to the industry, per year for the storage of records
pertaining to the nonconforming vehicles that each RI imports into the
United States and the $60 expense for importers of nonconforming
vehicles with automated driving systems temporarily imported for
research or demonstration purposes to procure placards advising riders
that the vehicles do not conform to all applicable Federal motor
vehicle safety standards.

    Authority:  44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50 and 501.8(f).

Jeffrey M. Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2018-04213 Filed 3-1-18; 8:45 am]
 BILLING CODE 4910-59-P


Interregional Research Project No. 4 3E6543, 3E6561, 3E6760, 3E6738, 5E6920, 5E6921, 5E6922, 5E6923 EPA has received the following pesticide petitions ( 3E6543, 3E6561, 3E6760, 3E6738, 5E6920, 5E6921, 5E6922, 5E6923) from [ Interregional Research Project No. 4], [ 681 U. S. Highway # 1 South, North Brunswick, NJ 08902 3390] proposing, pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR part 180.472, by establishing a tolerance for residues of [ imidacloprid, 1[( 6 chloro 3 pyridinyl) methyl] N nitro 2 imidazolidinimine] in or on the following raw agricultural commodities:

1. PP 5E6920 establishing tolerances for imidacloprid residues on tree nut, group 14 at 0.01 parts per million; almond hulls at 2.5 parts per million ( ppm); and pistachio at 0.01 ppm.

2. PP 5E6923 establishing tolerances for imidacloprid residues on herbs, subgroup 19 A fresh at 6.0 ppm and dried at 62 ppm 3. PP 5E6921 establishing a tolerance for imidacloprid residues on pomegranates at 0.7 ppm 4. PP 5E6922 establishing a tolerance for imidacloprid residues on banana at 0.6 ppm 5. PP 3E6561 establishing a tolerance for imidacloprid residues on coffee at 0.6 ppm 6. PP 3E6738 establishing tolerances for imidacloprid residues on rapeseed, seed at 0.05 ppm; Indian rapeseed, seed at 0.05 ppm; Indian mustard, seed at 0.05 ppm; field mustard, seed at 0.05 ppm; black mustard, seed at 0.05 ppm; flax, seed at 0.05 ppm; safflower, seed at 0.05 ppm; crambe, seed at 0.05 ppm; borage, seed at 0.05 ppm; and sunflower, seed at 0.05 ppm.

7. PP 3E6543 establishing a tolerance with regional registrations, as defined in 40 CFR 180.1, for imidacloprid residues on caneberry subgroup 13 A at 0.05 ppm.

8. PP 3E6760 establishing tolerances for imidacloprid residues on sugar apple at 0.2 ppm; cherimoya at 0.2 ppm; atemoya at 0.2 ppm; custard apple at 0.2 ppm; ilama at 0.2 ppm; soursop at 0.2 ppm; and biriba at 0.2 ppm. EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry 1. Plant and large animal metabolism. [ The nature of the imidacloprid residue in plants and livestock is adequately understood. The residues of concern are combined residues of imidacloprid and it metabolites containing the 6 chloropyridinyl moiety, all calculated as imidacloprid.]

2. Analytical method. [ The analytical method is a common moiety method for imidacloprid and its metabolites containing the 6 chloropyridinyl moiety using a permanganate oxidation, silyl derivatization, and capillary GC MS selective ion monitoring. This method has successfully passed a petition method validation in EPA labs. There is a confirmatory method specifically for imidacloprid and several metabolites utilizing GC/ MS and HPLC UV which has been validated by the EPA as well. Imidacloprid and its metabolites are stable for at least 24 months in the commodities when frozen.]

3. Magnitude of residues. Residue trials have been conducted to support the requested tolerances on the above crops.  [ Tree nut crop group 14]: IR 4 has received requests from California for tree nuts. Ten field trials ( five almond and five pecan) were performed on tree nuts to support the proposed tolerance of 0.01 ppm on tree nuts, group 14 and pistachio as well as a tolerance of 2.5 ppm on almond hulls.  [ Herb subgroup]: Seven field trials were conducted throughout the USA to support the proposed tolerance of 6 ppm for fresh herbs and 62 ppm for dried herbs.  [ Pomegranates]: Three field trials were conducted on pomegranates to support the proposed tolerance of 0.7 ppm for pomegranates.  [ Bananas]: Five trials were conducted on bananas to support the proposed tolerance of 0.6 ppm on bananas.  [ Coffee]: Five field trials were conducted in coffee to support the proposed tolerance of 0.6 ppm on coffee.  [ Sunflower]: Six field trials were conducted in sunflower to support the proposed tolerance of 0.05 ppm on rapeseed, Indian rapeseed, Indian mustard, field mustard, black mustard, flax, safflower, crambe, borage and sunflower seed.  [ Raspberry]: Two trials were conducted in raspberries to support the proposed tolerance of 0.05 ppm in the caneberry subgroup, 13 A as well as juneberry, lingonberry and salal.  [ Sugar Apple]: Three trials were conducted in sugar apples to support the proposed tolerance of 0.2 ppm in tropical fruit ( sugar apple, cherimoya, atemoya, custard apple, ilama, soursop and biriba).

B. Toxicological Profile 1. Acute toxicity. Imidacloprid has low acute toxicity via the dermal and inhalation routes and moderate acute toxicity via the oral route. The acute oral LD50 value for imidacloprid technical was found to be 424 mg/ kg for male rats and > 450 mg/ kg for female rats. The acute dermal LD50 is > 5000 mg/ kg and the 4 hour rat inhalation LC50 is > 5.33 mg/ L in the rat. Imidacloprid is not irritating to rabbit skin or eyes. Imidacloprid did not cause skin sensitization in guinea pigs. 2. Genotoxicty. Imidacloprid has been evaluated for genotoxicity using in vivo and in vitro tests, including mammalian cell gene mutation tests, chromosomal aberration tests, unscheduled DNA synthesis tests, bacterial DNA repair tests and other mutagenicity studies. The weight of evidence shows that imidacloprid is not mutagenic.

3. Reproductive and developmental toxicity. In a developmental toxicity study with Sprague Dawley rats, pregnant animals received an oral administration of imidacloprid at 0, 10, 30, or 100 mg/ kg/ day during gestation. The maternal NOAEL was 10 mg/ kg/ day based on decreased body weight gain and the fetal NOAEL was 30 mg/ kg/ day based on a slight increase in the incidence of wavy ribs in the presence of maternal toxicity.

In a developmental toxicity study with rabbits, pregnant animals were given oral doses of imidacloprid at 0, 8, 24, or 72 mg/ kg bwt/ day during gestation. For maternal toxicity, the NOAEL was 24 mg/ kg / day and the LOEL was 72 mg/ kg/ day based on mortality, decreased body weight gain, and decreased food consumption. For developmental toxicity, the NOAEL was 24 mg/ kg bwt/ day and the LOAEL was 72 mg/ kg bwt/ day based on decreased fetal body weight and increased resorptions.

In a 2 generation reproductive toxicity study, imidacloprid was administered to rats at dietary levels of 0, 100, 250, or 700 ppm. For parental/ systemic toxicity, the NOAEL was 250 ppm ( 16.5 mg/ kg/ day) and the LOAEL was 700 ppm based on decreased body weight in both sexes. The reproductive NOAEL was the highest dose tested, 700 ppm.

4. Subchronic toxicity. In a dermal toxicity study, groups of 5 male and 5 female New Zealand White rabbits received repeated dermal applications of imidacloprid at 1,000 mg/ kg body weight/ day , 6 hours/ day, 5 days/ week for 3 weeks. No dermal or systemic toxicity was seen. For systemic and dermal toxicity, the no observable adverse effect level ( NOAEL) was > 1,000 mg/ kg/ day.

5. Chronic toxicity. A chronic toxicity/ carcinogenicity study was performed with imidacloprid administered to male and female rats for two years at dietary levels of 100, 300, 900 or 1800 ppm. There was no evidence of carcinogenicity. At 300 ppm, there was an increased incidence of mineralized particles in thyroid colloid of male rats. The NOAEL was 100 ppm ( 5.7 mg/ kg/ day for males and 7.6 mg/ kg/ day for females).

The oncogenic potential of imidacloprid was investigated in B6C3F1 mice. Dietary doses were 0, 100, 330, 1000 or 2000 ppm. Decreased body weights, decreased food consumption and hepatocellular hypertrophy were seen at the highest dose level. There was no evidence of carcinogenicity. The NOAEL was 2000 ppm ( 208 mg/ kg for males and 274 for females).

6. Animal metabolism. [ The metabolism of NTN 33893 ( imidacloprid) in rats was reported in seven studies. These data show that imidacloprid was rapidly absorbed and eliminated in the excreta ( 90% of the dose within 24 hours), demonstrating no biologically significant differences between sexes, dose levels, or route of administration. Elimination was mainly renal ( 70 80% of the dose) and fecal ( 17 25%). The major part of the fecal activity originated in the bile. Total body accumulation after 48 hours consisted of 0.5% of the radioactivity with the liver, kidney, lung, skin and plasma being the major sites of accumulation. Therefore, bioaccumulation of imidacloprid is low in rats. Maximum plasma concentration was reached between 1.1 and 2.5 hours. Two major routes of biotransformation were proposed for imidacloprid. The first route included an oxidative cleavage of the parent compound rendering 6 chloronicotinic acid and its glycine conjugate. Dechlorination of this metabolite formed the 6 hydroxynicotinic acid and its mercapturic acid derivative. The second route included the hydroxylation followed by elimination of water of the parent compound rendering NTN 35884. A comparison between [ methylene 14C] imidacloprid and [ imidazolidine 4,5 14C] imidacloprid showed that while the rate of excretion was similar, the renal portion was higher with the imidazolidine labeled compound. In addition, accumulation in tissues was higher with the imidazolidine labeled compound ( approximately 1% of the recovered radioactivity).

7. Metabolite toxicology. [ NA Remove]

8. Endocrine disruption. [ The toxicology database for imidacloprid is current and complete. Studies in this database include evaluation of the potential effects on reproduction and development, and an evaluation of the pathology of the endocrine organs following short or long term exposure. These studies revealed no primary endocrine effects due to imidacloprid.]

C. Aggregate Exposure 1. Dietary exposure. [ Assessments were conducted to evaluate potential risks due to chronic and acute dietary exposure of the U. S. population and selected population subgroups to residues of imidacloprid. These analyses cover all registered and pending uses for imidacloprid including the above listed crops ( i. e., tree nuts, pistachio, herb subgroup, caneberry subgroup, pomegranate, bananas, coffee, rapeseed, Indian rapeseed, Indian mustard, field mustard, black mustard, flax, safflower, crambe, borage, sunflower, sugar apple, cherimoya, atemoya, custard apple, ilama, soursop and biriba.

Novigen Sciences, Inc.' s Dietary Exposure Evaluation Model ( DEEM FCID   ) , which is licensed to Bayer, was used to estimate the chronic and acute dietary exposure. This software uses the food consumption data from the 1994 1998 USDA Continuing Surveys of Food Intake by Individuals ( CSFII 1994 1998).

The endpoint for acute dietary risk assessments is based on neurotoxicity characterized by decreases in motor or locomotor activity in female rats at 42 mg/ kg bwt/ day ( LOEL) from an acute neurotoxicity study. Based on an uncertainty factor of 10x for inter species, 10x for intra species and 3x for use of a LOAEL rather than a NOAEL, EPA has established an acute reference dose ( aRfD) = 0.14 mg/ kg bwt/ day.

For chronic dietary analyses, EPA has established the reference dose ( cRfD) for imidacloprid at 0.057 mg/ kg/ day based on a NOAEL of 5.7 mg/ kg bwt/ day from a rat chronic toxicity carcinogenicity study and uncertainty factors of 10x for inter species and 10x for intra species. Results from the acute and chronic dietary exposure analyses described below demonstrate a reasonable certainty that no harm to the overall U. S. population or any population subgroup will result from the use of imidacloprid on currently registered and pending uses.]

i. Food. [ Tier 3 acute and chronic risk assessments were conducted using PDP data or the results of field trials conducted at maximum label application rates and the shortest pre harvest intervals. No adjustments were made to account for dissipation of residues during storage, transportation from the field to the consumer, washing or peeling. Therefore, the actual dietary exposure will be less than that presented here.

For the chronic analysis, mean field trial residues were calculated. For the acute Monte Carlo analysis, the entire distribution of residue field trial data was used for the " non blended" and " partially blended" foods as determined by EPA's HED SOP 99.6. For the foods considered as " blended" by EPA'S HED SOP 99.6, mean field trial residue data were used. As allowed in EPA's draft guidance for submission of probabilistic human health exposure assessments one half LOD/ LOQ values were used for all non detected values ( values below the sensitivity of the method). The acute Monte Carlo dietary exposure assessment estimated the percent of the aPAD and corresponding margins of exposure ( MOE) for the overall U. S. population, ( all seasons), and various subpopulations. In this analysis, the exposure for the total U. S. population was equal to 9.4% of the aPAD at the 99.9th percentile. The most highly exposed population subgroup, children ( 1 2 yrs), had an exposure equal to 27.1% of the aPAD at the 99.9th percentile. Therefore, the acute dietary exposure estimates are below EPA's level of concern for the overall U. S. population as well as the various subpopulations.

The chronic dietary exposure estimated the percent of the chronic population adjusted dose ( cPAD) for the overall US population ( all seasons) and various subpopulations. In this analysis, the exposure for the total U. S. population was equal to 1.2% of the cPAD. The most highly exposed population subgroup, children ( 1 2 yrs), had an exposure equal to 2.5% of the cPAD. Therefore, the chronic exposure estimates are below EPA's level of concern for the overall U. S. population as well as the various subpopulations.]

ii. Drinking water. [ EPA, as published in the Federal Register ( 68 FR 35303 35315), calculated EECs for surface water ( acute 36.04 ppb and chronic 17.24 ppb) and ground water ( acute and chronic both 2.09 ppb). Since the maximum application rate ( single and seasonal) for the new uses do not exceed previously established use rates, these EECs are still valid for the new uses. The current exposure assessment calculated acute and chronic DWLOCs at 1021 ppb and 556 ppb, respectively, for the most exposed subpopulation ( children 1 2 yrs). Since the DWLOCs are significantly larger than the EECs, there is no concern with dietary exposure to residues of imidacloprid for even the most exposed subpopulation.]

2. Non dietary exposure. [ Imidacloprid is currently registered for use on the following residential non dietary sites: Granular products for application to lawns and ornamental plants; ready to use spray for application to flowers, shrubs and house plants; plant spikes for application to indoor and outdoor residential potted plants; ready to use potting medium for indoor and outdoor plant containers; liquid concentrate for application to lawns, trees, shrubs and flowers; and ready to use liquid for directed spot application to cats and dogs. In addition, there are numerous registered products intended for use by commercial applicators to residential sites. These include gel baits for cockroach control; products intended for commercial ornamental, lawn and turf pest control; products for ant control; and products used as preservatives for wood products, building materials, textiles and plastics. The non dietary exposure assessment is discussed in the Final Rule on Imidacloprid Pesticide Tolerance published in Unit III. C. 3. of the Federal Register of June 13, 2003 ( 68 FR 35303).]

D. Cumulative Effects [ Imidacloprid is a chloronicotinyl insecticide. At this time, the EPA has not made a determination that imidacloprid and other substances that may have a common mechanism of toxicity would have cumulative effects. Therefore, for these tolerance petitions, it is assumed that imidacloprid does not have a common mechanism of toxicity with other substances and only the potential risks of imidacloprid in its aggregate exposure are considered.]

E. Safety Determination 1. U. S. population. [ Using the conservative exposure assumptions described above and based on the completeness of the toxicity data, it can be concluded that aggregate exposure to residues of imidacloprid present a reasonable certainty of no harm. Exposure from residues in crops utilizes 9.4% of the aPAD and 1.2% of the cPAD. EPA generally has no concerns for exposures below 100% of the Population Adjusted Doses. Drinking water levels of concern are well above the estimated drinking water concentrations as calculated by conservative models. An aggregate assessment for all uses for imidacloprid demonstrated that there is a reasonable certainty that no harm will result to the US Population from uses of imidacloprid.]

2. Infants and children. [ EPA has considered data from developmental toxicity studies in the rat and rabbit and a 2 generation reproduction study in the rat. These studies are discussed under Section B ( Toxicology Profile) above. The developmental toxicity data demonstrated no increased sensitivity of rats or rabbits to in utero exposure to imidacloprid. In addition, the multi generation reproductive toxicity study did not identify any increased sensitivity of rats to in utero or post natal exposure. Parental NOAELs were lower or equivalent to developmental or offspring NOAELs. The developmental toxicity studies are designed to evaluate adverse effects on the developing organism resulting from maternal pesticide exposure during gestation. Reproduction studies provide information relating to effects from exposure to the pesticide on the reproductive capability of mating animals and data on systemic toxicity.

FFDCA section 408 provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for pre and post natal toxicity and the completeness of the data base unless EPA determines that a different margin of safety will be safe for infants and children. EPA has determined that the toxicological database is complete for FQPA purposes and that there are no residual uncertainties for pre/ post natal toxicity for imidacloprid. Based on the available toxicity data the EPA has recommended that the Special FQPA Safety Factor be reduced to 1x.

Based on the exposure assessments described above and on the completeness and reliability of the toxicity data, it can be concluded that the dietary exposure from all label and pending uses of imidacloprid consumes 27.1% of the aPAD at the 99.9th percentile and 2.5% of the cPAD for the most sensitive population subgroup, children 1 2 years. Thus, it can be concluded that there is a reasonable certainty that no harm will result from aggregate exposure to imidacloprid residues.]

F. International Tolerances [ Imidacloprid is a insecticide used throughout the world to control insect pests in crops, trees, ornamental plants and turf. An evaluation of the maximum residue limits ( MRLs) was conducted No CODEX Maximum Residue Levels ( MRLs) have been established for residues of imidacloprid on any crops.]

Commodity Proposed Tolerance ( USEPA) ( PPM) Current MRL ( CODEX) ( PPM)

Tree nut crop group 14 0.01 0.05 ( pecan)

Pistachio 0.01

Herb subgroup 19 A 6.0 ( fresh)

Herb subgroup 19 A 62 ( dried)

Pomegranates 0.7

Banana 0.6 0.05 Coffee 0.6

Rapeseed, seed 0.05 0.05 Indian rapeseed, seed 0.05

Indian mustard, seed 0.05

Field mustard, seed 0.05

Black mustard, seed 0.05

Flax, seed 0.05  Safflower, seed 0.05

Crambe, seed 0.05

Borage, seed 0.05

Sunflower, seed 0.05

Caneberry subgroup 13 A 0.05

Juneberry 0.05

Lingonberry 0.05

Salal 0.05

Sugar apple 0.2

Cherimoya 0.2

Atemoya 0.2

Custard apple 0.2

Ilama 0.2

Soursop 0.2

Biriba 0.2