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27354 Federal Register / Vol. 72, No.

93 / Tuesday, May 15, 2007 / Notices

criteria given in § 388.4 of MARAD’s DEPARTMENT OF TRANSPORTATION July 31, 2007. That approval was based
regulations at 46 CFR part 388. on NHTSA submissions identifying
National Highway Traffic Safety information being collected on an
DATES: Submit comments on or before Administration annual basis from 838,000 respondents,
June 14, 2007. expending 72,860 hours of effort, at a
[Docket No. NHTSA–2007–28056]
ADDRESSES: Comments should refer to cost of $317,000. NHTSA wishes to file
docket number MARAD–2007–28105. Reports, Forms, and Recordkeeping with OMB a request for that agency to
Written comments may be submitted by Requirements extend its approval for an additional
hand or by mail to the Docket Clerk, three years.
AGENCY: National Highway Traffic
U.S. DOT Dockets, Room PL–401, Safety Administration, DOT. Changes in Program
Department of Transportation, 400 7th Since the information collection
ACTION: Request for public comment on
St., SW., Washington, DC. 20590–0001. associated with NHTSA’s importation
proposed collection of information.
You may also send comments program was last approved by OMB,
electronically via the Internet at http:// SUMMARY: Before a Federal agency can profound changes have taken place that
dmses.dot.gov/submit/. All comments collect certain information from the impact the information collection and
will become part of this docket and will public, it must receive approval from the assessment of its burden on affected
be available for inspection and copying the Office of Management and Budget members of the public. These are
at the above address between 10 a.m. (OMB). Under procedures established principally attributable to the
and 5 p.m., E.T., Monday through by the Paperwork Reduction Act of continuing weakening of the U.S. dollar
Friday, except federal holidays. An 1995, before seeking OMB approval, against foreign currencies. The focus of
electronic version of this document and Federal agencies must solicit public NHTSA’s importation program is on
all documents entered into this docket comment on the proposed collection of vehicles that were not originally
is available on the World Wide Web at information. manufactured to comply with all
http://dms.dot.gov. This document describes a proposed applicable Federal motor vehicle safety
collection of information under standards (FMVSS). These vehicles
FOR FURTHER INFORMATION CONTACT: regulations in 49 CFR parts 591, 592, must be imported by a registered
Joann Spittle, U.S. Department of and 593 that pertain to the importation importer (RI) under bond to ensure that
Transportation, Maritime of motor vehicles and items of motor the vehicles are brought into
Administration, MAR–830 Room 7201, vehicle equipment that are subject to the compliance with applicable standards
400 Seventh Street, SW., Washington, Federal motor vehicle safety, bumper, following importation. Nonconforming
DC 20590. Telephone 202–366–5979. and theft prevention standards. vehicles are entered under Box 3 on the
DATES: Comments must be received on HS–7 Declaration form. In calendar year
SUPPLEMENTARY INFORMATION: As 2002, 212,210 nonconforming vehicles
described by the applicant the intended or before July 16, 2007.
were imported under Box 3. Over 97
service of the vessel STARS & STRIPES ADDRESSES: Comments should refer to
percent of those vehicles were imported
II is: the docket number and notice number,
from Canada. In 2003, after the U.S.
and be submitted to: Docket
Intended Use: ‘‘Taking passengers for dollar began to weaken against the
Management, Room PL–401, 400
day sails.’’ Canadian dollar, the volume of
Seventh St., SW., Washington, DC
Geographic Region: New York, New nonconforming vehicle imports under
20590. [Docket hours are from 9 a.m. to
Box 3 was reduced by more than half,
Jersey, Connecticut. 5 p.m.]. Anyone is able to search the
to 97,337 vehicles. The trend
electronic form of all comments
Privacy Act accelerated over the next three years,
received into any of our dockets by the with 43,648 vehicles imported under
Anyone is able to search the name of the individual submitting the Box 3 in 2004, 12,642 imported in 2005,
electronic form of all comments comment (or signing the comment, if and 10,953 imported in 2006.
received into any of our dockets by the submitted on behalf of an association, When NHTSA last requested OMB
name of the individual submitting the business, labor union, etc.). You may approval for the information collection
comment (or signing the comment, if review DOT’s complete Privacy Act associated with the vehicle importation
Statement in the Federal Register program, the agency estimated that
submitted on behalf of an association,
published on April 11, 2000 (Volume 163,000 nonconforming vehicles would
business, labor union, etc.). You may
65, Number 70; Pages 19477–78) or you be imported on an annual basis under
review DOT’s complete Privacy Act may visit http://dms.dot.gov.
Statement in the Federal Register Box 3, for which HS–7 Declaration
FOR FURTHER INFORMATION CONTACT: forms and HS–474 DOT Conformance
published on April 11, 2000 (Volume
Coleman Sachs, Office of Vehicle Safety bonds would have to be furnished. The
65, Number 70; Pages 19477–78) or you
Compliance, NHTSA (202–366–3151). agency estimated that it would take five
may visit http://dms.dot.gov.
SUPPLEMENTARY INFORMATION: minutes to complete each HS–7
Dated: May 2, 2007. Declaration form, and six minutes to
By order of the Maritime Administrator.
Prior Approval complete each HS–474 DOT
Daron T. Threet, On May 4, 2004, NHTSA submitted to Conformance bond, for a total
Secretary, Maritime Administration. OMB a request for the extension of the expenditure of 29,882 hours to complete
agency’s approval (assigned OMB No. these forms. Given the profound
[FR Doc. E7–9225 Filed 5–14–07; 8:45 am]
2127–0002) of the information reduction in nonconforming vehicle
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BILLING CODE 4910–81–P


collection that is incident to NHTSA’s imports under Box 3 in recent years,
administration of the vehicle future projections should assume an
importation regulations at 49 CFR parts average of 11,000 vehicle imports per
591, 592, and 593. On July 26, 2004, year. Relying on this figure, the hour
OMB notified NHTSA that it had burden associated with the completion
approved this extension request through of paperwork for these vehicles would

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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices 27355

be close to 2,017 hours (0.08333 hours agency must ask for public comment on a. Importation of vehicles at least 25
to complete each HS–7 × 11,000 the following: years old or equipment not subject to
vehicles = 915.53 hours; 0.1 hours to (i) Whether the proposed collection of the safety standards under Box 1: A
complete each HS–474 × 11,000 information is necessary for the proper motor vehicle at least 25 years old can
vehicles = 1,100 hours; 915.53 + 1,100 performance of the functions of the be lawfully imported without regard to
= 2,016.53 hours). This represents more agency, including whether the its compliance with the FMVSS. So too
than a 93 percent reduction in burden information will have practical utility; can an equipment item manufactured on
hours in comparison to the figures used (ii) The accuracy of the agency’s a date when no applicable FMVSS was
when OMB approval was last obtained. estimate of the burden of the proposed in effect. These vehicles and equipment
collection of information, including the items are declared under Box 1 on the
Increased Scope of Accounting for
validity of the methodology and HS–7 Declaration form. In calendar year
Burdens
assumptions; 2004, 8,811 vehicles were imported
In this document, the agency has not (iii) How to enhance the quality, under Box 1. In 2005, 10,146 vehicles
focused exclusively on vehicles utility, and clarity of the information to were imported, and in 2006, the volume
imported under the RI program, but has be collected; and of imports increased to 15,445 vehicles.
instead made a concerted effort to (iv) How to minimize the burden of Based on an average of these figures, the
quantify the hour burden associated the collection of information on those agency projects that roughly 12,000
with the completion of paperwork for who are to respond, including the use vehicles will be imported each year
vehicles and equipment items imported of appropriate automated, electronic, under Box 1 over the next three years.
in any legitimate way under NHTSA’s mechanical, or other technological Assuming that an HS–7 Declaration
regulations. As a consequence, we are collection techniques or other forms of form is filed for each of these vehicles,
providing more particular information information technology, e.g., permitting and that it will take five minutes to
than we have in the past on the electronic submission of responses. complete each of these forms, the
paperwork burden associated with the agency estimates the hour burden
importation of conforming motor Solicitation of Comments
associated with completing the
vehicles; the temporary importation of In compliance with these paperwork for these vehicles to be
nonconforming vehicles for personal requirements, NHTSA is requesting approximately 1,000 hours per year
use by nonresidents and by foreign public comment on the following (0.083333 hours × 12,000 = 1,000
diplomatic and military personnel; the proposed collection of information: hours).
temporary importation of Title: Importation of Vehicles and
nonconforming vehicles for purposes of Equipment Subject to the Federal Motor b. Importation of conforming vehicles
research, investigations, demonstrations Vehicle Safety, Bumper, and Theft and equipment under Box 2A: Vehicles
or training, and other similar purposes; Prevention Standards. and equipment that are originally
the importation of vehicles that are not Type of Request: Extension of a manufactured to comply with all
primarily manufactured for on-road use; Currently Approved Collection. applicable Federal motor vehicle safety,
and other entry categories permitted OMB Control Number: 2127–0002. bumper, and theft prevention standards,
under the agency’s regulations. In Affected Public: Importers of vehicles and that bear a label or tag certifying
addition, we have attempted to account and regulated items of motor vehicle such compliance that is permanently
for all forms, whether required or equipment. affixed by the original manufacturer, are
optional, and other types of information Requested Expiration Date of declared under Box 2A on the HS–7
solicitations associated with vehicle and Approval: July 31, 2010. Declaration form. In 2004, 2,767,839
equipment importation that appear on vehicles were imported under Box 2A.
Summary of Collection of Information In 2005, the figure increased to
the agency’s Web site and in newsletters
and other informational media that we 1. Declaration requirement for the 3,898,152 vehicles, and increased again
employ to inform RIs and others of our importation of motor vehicles and in 2006, to 4,372,442. Based on an
requirements. Accounting for all regulated items of motor vehicle average of these figures, the agency
paperwork burdens in this more equipment: NHTSA’s regulations at 49 projects that roughly 3,700,000 vehicles
particularized manner, we project that a CFR part 591 provide that no person will be imported each year under Box
total of 42,413 hours will be expended shall import a motor vehicle or 2A for the next three years. The
each year to complete paperwork regulated item of motor vehicle overwhelming majority of vehicles
associated with all aspects of NHTSA’s equipment (e.g., tires, rims, brake hoses, entered under Box 2A are imported by
program that regulates the importation brake fluid, seat belt assemblies, lighting original manufacturers. As a rule,
of motor vehicles and equipment items equipment, glazing, motorcycle helmets, manufacturers do not file a separate HS–
subject to the FMVSS. child restraints, compressed natural gas 7 Declaration form for each conforming
containers, warning devices, rear impact vehicle they import under Box 2A.
Issues for Comments To Address guards, and platform lift systems) unless Instead, the manufacturers furnish
Under the Paperwork Reduction Act the importer files a declaration. See 49 NHTSA with a single declaration form,
of 1995 (PRA), before an agency submits CFR 591.5. This declaration is filed with on a monthly basis, to which they attach
a proposed collection of information to U.S. Customs and Border Protection a list of all vehicles, identified by make,
OMB for approval, it must publish a (Customs) on a paper copy of the HS– model, model year, and vehicle
document in the Federal Register 7 Declaration form, or, if the entry is identification number (VIN), that were
providing a 60-day comment period and made by a Customs House Broker, it can imported under Box 2A during that
otherwise consult with members of the be made electronically using Customs’ month. In this manner, it is not unusual
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public and affected agencies concerning Automated Broker Interface (ABI) for a single HS–7 Declaration form to be
each proposed collection of information. system. The HS–7 Declaration form has filed with the agency to cover the entry
The OMB has promulgated regulations 14 boxes, each of which identifies a of many thousands of vehicles.
describing what must be included in lawful basis for the importation of a Assuming that manufacturers account
such a document. Under OMB’s motor vehicle or equipment item into for 90 percent of the vehicles imported
regulations (at 5 CFR 1320.8(d)), an the United States. under Box 2A, and that a manufacturer

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27356 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices

will, on average, report the entry of calendar years. Assuming that a separate HS–474 Conformance Bond
5,000 vehicles on a single Declaration HS–7 Declaration form is filed for each NHTSA’s regulations also require an
form, and that all other vehicles of these vehicles, the hour burden RI, among other things, to furnish a
imported under Box 2A are declared associated with completing the bond (on the HS–474 Conformance
individually, the agency projects the paperwork for the entry of these Bond form) at the time of entry for each
hour burden associated with completing vehicles will be 188 hours per year nonconforming vehicle it imports, to
the paperwork for the entry of these (2,250 vehicles × 0.08333 hours per ensure that the vehicle will be brought
vehicles to be 30,832 hours per year entry = 188 hours). into conformity with all applicable
(3,700,000 vehicles × .9 = 3,330,000 d. Importation of nonconforming
safety and bumper standards within 120
vehicles imported by original vehicles by registered importers under
days of entry or will be exported from,
manufacturers; 3,330,000 vehicles ÷ Box 3:
or abandoned to, the United States. A
5,000 vehicles per declaration forms Statutory and Regulatory Background HS–474 Conformance Bond has to be
filed = 666 declaration forms being filed furnished for each nonconforming
per year by manufacturers; assuming Section 30112(a) of Title 49, U.S.
Code prohibits, with certain exceptions, vehicle imported under Box 3.
that a separate declaration is filed for Assuming an importation volume of
each other vehicle imported under Box the importation into the United States of
a motor vehicle manufactured after the 11,000 vehicles per year, the hour
2A yields 370,000 declarations being burden associated with the completion
filed per year for these vehicles; 370,000 date an applicable Federal motor
vehicle safety standard (FMVSS) takes of the HS–474 will be 1,100 hours (0.1
+ 666 = 370,666 declarations per year; hours to complete each HS–474 ×
0.08333 hours to complete each effect, unless the motor vehicle was
manufactured in compliance with the 11,000 vehicles = 1,100 hours).
declaration × 370,666 declarations =
standard and was so certified by its Conformity Statement
30,832 hours).
original manufacturer. Under one of the
c. Importation of conforming exceptions to this prohibition, found at After modifying the vehicle to
Canadian-market vehicles for personal 49 U.S.C. 30141, a nonconforming conform to all applicable standards, the
use under Box 2B: A motor vehicle that vehicle can be imported into the United RI submits a statement of conformity (on
is certified by its original manufacturer States provided (1) NHTSA decides that a suggested form) to NHTSA, which
as complying with all applicable it is eligible for importation, based on its issues a letter permitting the bond to be
Canadian motor vehicle safety standards capability of being modified to conform released if the agency is satisfied that
can be imported by an individual for to all applicable FMVSS, and (2) it is the vehicle has been modified in the
personal use under Box 2B. To imported by a registered importer (RI), manner stated by the RI. The statement
accomplish the entry, the importer must or by a person who has a contract with of conformity contains a check off list
furnish Customs with a letter from the an RI to bring the vehicle into on which the RI identifies the FMVSS
vehicle’s original manufacturer conformity with all applicable standards and other agency requirements to which
confirming that the vehicle conforms to following importation. Regulations the vehicle conforms as originally
all applicable U.S. Federal motor implementing this statute are found at manufactured and the FMVSS and other
vehicle safety, bumper, and theft 49 CFR parts 591 and 592. requirements to which the vehicle was
prevention standards, or that it modified to conform. The RI also
conforms to all such standards except HS–7 Declaration Form attaches to the statement of conformity
for the labeling requirements of The regulations require a declaration documentary and photographic
Standard Nos. 101 Controls and to be filed (on the HS–7 Declaration evidence of the modifications that it
Displays and 110 or 120 Tire Selection Form) at the time a vehicle is imported made to the vehicle to achieve
and Rims, and/or the requirements of that identifies, among other things, conformity with applicable standards.
Standard No. 108 Lamps, Reflective whether the vehicle was originally Collectively, these documents are
Devices, and Associated Equipment manufactured to conform to all referred to as a ‘‘conformity package.’’
relating to daytime running lamps. applicable FMVSS, and if it was not, to A conformity package must be
NHTSA received from Customs a total state the basis for the importation of the submitted for each nonconforming
of 2012 HS–7 Declaration forms for vehicle. vehicle imported under Box 3. Because
vehicles imported under Box 2B in A nonconforming vehicle that NHTSA the Canadian motor vehicle safety
calendar year 2005. In addition, has decided to be eligible for standards are identical in most respects
declarations were filed electronically for importation can be imported by an RI, to the FMVSS, there are relatively few
546 vehicles imported under Box 2B in or by a person who has a contract with modifications that need to be performed
2005. Combining these figures yields a an RI to modify the vehicle so that it on a Canadian-certified vehicle to
total of 2,558 vehicles imported under conforms to all applicable FMVSS, conform it to the FMVSS and the
Box 2B in that calendar year. NHTSA under Box 3 on the HS–7 Declaration conformity packages that are submitted
received from Customs a total of 1,330 form. As previously noted, the volume on these vehicles are considerably less
HS–7 Declaration forms for vehicles of imports under Box 3 has steadily comprehensive than those submitted for
imported under Box 2B in 2006. In declined in recent years. In 2005, 12,642 vehicles from Europe, Japan, and other
addition, electronic entries were made vehicles were imported under Box 3 and foreign markets. The agency estimates
for 612 vehicles imported under Box 2B in 2006, 10,953 vehicles were imported. that it would take the average RI no
in that calendar year. Combining these Based on these figures, the agency more than 30 minutes to collect
figures yields a total of 1,942 vehicles projects that 11,000 vehicles will be information for, and assemble, a
imported under Box 2B in 2006. imported each year under Box 3. conformity package for a Canadian-
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Assuming these figures represent a fair Assuming that volume, the hour burden certified vehicle.
approximation of the volume of vehicles associated with the completion of the Generally, more modifications are
imported under Box 2B in those two HS–7 Declaration form for these needed to conform a non-Canadian
calendar years, the agency projects that vehicles will be 916 hours (0.08333 vehicle to the FMVSS. To properly
roughly 2,250 vehicles will be imported hours to complete each HS–7 × 11,000 document these modifications, more
under Box 2B in each of the next three vehicles = 915.53 hours). information must be included in the

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conformity package for a non-Canadian own initiative, or in response to agency received only 147 HS–7
vehicle than is required for a Canadian- petitions filed by RIs. Only a small Declaration forms for vehicles imported
certified vehicle. The agency estimates number of RIs (currently about 14 out of under Box 4 in 2006. Assuming this
that it would take an RI approximately the 73 RIs registered with the agency) represents the share of vehicles
twice as long, or roughly one hour, to ever submit import eligibility petitions. imported under Box 4 by parties other
compile information for, and assemble, Many of these businesses have, over, the than original manufacturers, the agency
a conformity package for a typical non- years, submitted multiple petitions to projects that HS–7 Declaration forms
Canadian vehicle. the agency. The agency estimates that it will be filed for no more than one
Of the 43,684 nonconforming vehicles would take the typical RI that petitions percent of the vehicles imported under
imported under Box 3 in 2004, 43,357, the agency roughly two hours to Box 4 in future years. Averaging the
or over 99 percent, were Canadian complete the paperwork associated with volume of those imports over the past
market and 327, or under one percent, the submission of a petition for a two years yields an estimate of slightly
were from markets other than Canada. vehicle that has a substantially similar less than 16,000 vehicles being
Of the 12,668 nonconforming vehicles U.S.-certified counterpart, and roughly imported on an annual basis in the next
imported under Box 3 in 2005, 12,496, twice as long, or four hours, to complete three years, and 160 HS–7 Declaration
or roughly 98.5 percent, were Canadian the paperwork associated with the forms being filed in each of those years.
market and 192, or roughly 2.5 percent, submission of a petition for a vehicle Based on that figure, the hour burden
were from markets other than Canada. that lacks a substantially similar U.S.- associated with the completion of the
Assuming this trend continues in future certified counterpart. In 2004, 37 import HS–7 Declaration form for these
years, the agency estimates the hour eligibility petitions were submitted to vehicles will be under 14 hours
burden associated with the submission the agency. Of these, 33, or 89 percent, (0.08333 hours to complete each HS–7
of conformity packages on Canadian- were for vehicles with substantially × 160 vehicles = 13.33 hours).
certified vehicles to be 5,390 hours per similar U.S.-certified counterparts and f. Temporary importation of
year (11,000 vehicles × 98 percent or 4, or 11 percent, were for vehicles for nonconforming vehicles by
0.98 = 10780 vehicles; 10780 vehicles × which there were no substantially nonresidents of the United States under
0.5 hours per vehicle = 5,390 hours). similar U.S. certified counterparts. Box 5: Under an international
The agency estimates the hour burden In 2005, 24 import eligibility petitions convention to which the United States
associated with the submission of were submitted to the agency. Of these, is a signatory, a nonresident of the
conformity packages for non-Canadian 16, or 67 percent, were for vehicles with United States can import a
vehicles to be 220 hours per year substantially similar U.S.-certified nonconforming vehicle for personal use,
(11,000 vehicles × 2 percent or 0.02 = counterparts, and 8, or 33 percent, were for a period of up to one year, provided
220 vehicles; 220 vehicles × 1.0 hours for which there were no substantially the vehicle is not sold while in the
per vehicle = 220 hours. Adding these similar U.S.-certified counterparts. United States and is exported no later
figures yields an estimated burden of Assuming this trend continues in future than one year from its date of entry.
5,610 hours per year for the entire RI years, the agency estimates that roughly These vehicles are entered under Box 5
industry to compile and submit 30 import eligibility petitions will be on the HS–7 Declaration form. To enter
conformity packages to NHTSA on submitted each year, 80 percent of a vehicle under Box 5, the importer
nonconforming vehicles imported under which, or 24 petitions, will be for must also furnish Customs with the
Box 3 (5,390 hours + 220 hours = 5,610 vehicles with substantially similar U.S.- importer’s passport number and the
hours). certified counterparts, and 20 percent of name of the country that issued the
which, or 6 petitions, will be for passport. In 2005, a total of 427 vehicles
Import Eligibility Petition
vehicles lacking substantially similar were imported under Box 5. In 2006,
As previously noted, a motor vehicle U.S.-certified counterparts. Based on 354 vehicles were imported under that
that was not originally manufactured to these figures, the agency estimates that box. Based on these figures, the agency
comply with all applicable FMVSS the hour burden for the paperwork estimates that roughly 400 vehicles will
cannot be lawfully imported into the associated with the submission of be imported under Box 5 in each of the
United States on a permanent basis import eligibility petitions to be 72 next three years. Assuming that volume,
unless NHTSA decides that the vehicle hours per year (24 petitions × 2 hours the hour burden associated with the
is eligible for importation, based on its per petition = 48 hours; 6 petitions × 4 completion of the HS–7 Declaration
capability of being modified to conform hours per petition = 24 hours; 48 hours form for these vehicles will be under 34
to those standards. Under 49 U.S.C. + 24 hours = 72 hours). hours (0.08333 hours to complete each
30141, the eligibility decision can be e. Importation of vehicles or HS–7 × 400 vehicles = 33.33 hours).
based on the nonconforming vehicle’s equipment intended solely for export g. Temporary importation of
substantial similarity to a vehicle of the under Box 4: A nonconforming vehicle nonconforming vehicles by foreign
same make, model, and model year that or equipment item that is intended diplomat under Box 6: A member of a
was manufactured for importation into, solely for export, and bears a tag or label foreign government on assignment in
and sale in the United States, and to that effect, can be entered under Box the United States, or a member of the
certified as complying with all 4 on the HS–7 Declaration form. In secretariat of a public international
applicable FMVSS by its original 2005, 12,977 vehicles were imported organization so designated under the
manufacturer. Where there is no under Box 4. In 2006, 18,800 vehicles International Organizations Immunities
substantially similar U.S.-certified were imported under that box. The Act, and within the class of persons for
vehicle, the eligibility decision must be majority of these vehicles were whom free entry of motor vehicles has
predicated on the vehicle having safety imported by original manufacturers that been authorized by the Department of
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features that are capable of being did not file individual declaration forms State, can temporarily import a
modified to conform to the FMVSS, with the agency for each vehicle nonconforming vehicle for personal use
based on destructive crash test data or imported, but instead included those while in the United States. These
such other evidence that the agency may vehicles in the monthly count supplied vehicles are entered under Box 6 on the
deem adequate. The agency makes to the agency along with conforming HS–7 Declaration form. The importer
import eligibility decisions either on its vehicles imported under Box 2A. The must attach to the declaration a copy of

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the importer’s official orders and supply applications will be filed in each of the which a single declaration was filed.
Customs with the name of the embassy next three years. Based on the estimate NHTSA received only 117 HS–7
to which the importer is attached. In that it will take roughly five minutes to Declaration forms for vehicles imported
2005, a total of 82 vehicles were complete each of those applications, the under Box 8 in 2006. The remainder of
imported under Box 6. In 2006, 70 agency projects that under 42 hours will the entries were made electronically.
vehicles were imported under that box. be expended on an annual basis to Based on the assumption that each entry
Based on these figures, the agency submit applications for permission from covers 100 vehicles, the agency
estimates that roughly 75 vehicles will NHTSA to import vehicles under Box 7 estimates that approximately 10,000 Box
be imported under Box 6 in each of the (0.0833 hours per application × 500 8 entries will be made on an annual
next three years. Assuming that volume, applications = 41.66 hours). Assuming basis over the next three years. Relying
the hour burden associated with the that a single HS–7 Declaration form is on this assumption, the agency projects
completion of the HS–7 Declaration filed for each vehicle imported under that under 840 hours will be expended
form for these vehicles will be under 7 Box 7, the agency projects that under on an annual basis in completing the
hours (0.08333 hours to complete each 420 hours will be expended on an declaration for vehicles imported under
HS–7 × 75 vehicles = 6.25 hours). annual basis in completing the Box 8 (0.0833 hours per declaration ×
h. Temporary importation of declaration for vehicles imported under 10000 vehicles = 833.33 hours).
nonconforming vehicles and equipment Box 7 (0.0833 hours per declaration × j. Importation of vehicles or
under Box 7: Under 49 U.S.C. 30114, 5000 vehicles = 416.66 hours). equipment requiring further
i. Importation of off-road vehicles manufacturing operations under Box 9:
NHTSA is authorized to exempt a motor
under Box 8: NHTSA regulates the A motor vehicle or equipment item that
vehicle or item of motor vehicle
importation of ‘‘motor vehicles,’’ which requires further manufacturing
equipment from the importation
are defined (at 49 U.S.C. 30102) as operations to perform its intended
restriction in 49 U.S.C. 30112(a), on
vehicles that are driven or drawn by function, other than the addition of
such terms the agency decides are
mechanical power and manufactured readily attachable components such as
necessary, for purposes of research,
primarily for use on public streets, mirrors or wipers, or minor finishing
investigations, demonstrations, training,
roads, and highways. Vehicles that are operations such as painting, can be
competitive racing events, show, or
not primarily manufactured for on-road entered under Box 9 on the HS–7
display. Regulations implementing this
use do not qualify as ‘‘motor vehicles’’ Declaration form. Documents from the
provision are found at 49 CFR part 591. under this definition, and may therefore manufacturer must be furnished for
Under those regulations, written be imported without regard to their these entries. In 2005, 6,454 vehicles
permission from NHTSA is needed to compliance with the FMVSS. These were imported under Box 9. In 2006,
temporarily import a nonconforming vehicles are entered under Box 8 on the 7,697 vehicles were imported under that
motor vehicle or equipment item for one HS–7 Declaration form. Vehicles that box. Averaging those figures, the agency
of the specified purposes unless the can be entered in this fashion include projects that roughly 7,000 vehicles will
importer is a manufacturer of motor those that are originally manufactured be imported under Box 9 in each of the
vehicles that are certified to the FMVSS. for closed circuit racing. Although next three years. Assuming that a
An application form that can be used to approval from NHTSA is not needed to separate HS–7 Declaration form is filed
obtain the letter of permission is posted import a vehicle that was originally for each of those vehicles, the agency
to the agency’s Web site at manufactured for racing purposes, the projects that under 584 hours will be
www.nhtsa.gov/cars/rules/import. If agency will issue a letter recognizing a expended on an annual basis in
NHTSA grants it permission, the particular vehicle as having been so completing the declaration for vehicles
nonconforming motor vehicle or manufactured if the importer requests imported under Box 9 (0.0833 hours per
equipment item can be temporarily the agency to do so. An application form declaration × 7000 vehicles = 583.31).
imported under Box 7 on the HS–7 that can be used to obtain such a letter k. Importation of vehicles for show or
Declaration form. In 2005, 5,416 is also posted to the agency’s Web site display under Box 10: Vehicles that are
vehicles were imported under Box 7. In at www.nhtsa.gov/cars/rules/import. In deemed by NHTSA to have sufficient
2006, 4,344 vehicles were imported 2005, applications were submitted to technological or historical significance
under that box. Permission letters were NHTSA for 60 vehicles imported under that they would be worthy of being
requested from NHTSA for 283 of those Box 8. In 2006, 69 applications were exhibited in car shows if they were
vehicles, representing less than seven filed. Based on these figures, the agency brought to the United States are eligible
percent of the total number of vehicles projects that 65 applications to import for importation for purposes of show or
imported under Box 7 in 2006. The vehicles for racing purposes under Box display under Box 10 on the HS–7
remaining vehicles were imported by 8 will be submitted in each of the next Declaration form. Written permission
original manufacturers of vehicles that three years. Assuming that it will take from NHTSA is also needed to import
are certified to the FMVSS, who can five minutes to complete each of these a vehicle for that purpose. An
temporarily import nonconforming applications, the agency estimates that application form that can be used to
vehicles for any of the specified under 6 hours will be expended in request the agency to decide that a
purposes under Box 7 without the need completing these applications (0.08333 particular make, model, and model year
for a NHTSA permission letter. hours × 65 applications = 5.41 hours). vehicle is eligible for importation for
Averaging the volume of imports over In 2005, a total of 88,528 vehicles purposes of show or display is posted to
the past two years, the agency projects were imported under Box 8. In 2006, the agency’s Web site at www.nhtsa.gov/
that roughly 5,000 vehicles will be 105,609 vehicles were imported under cars/rules/import. In 2005, the agency
imported under Box 7 in each of the that box. Averaging those figures, the received eleven applications to
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next three years. Assuming that agency projects that roughly 100,000 determine vehicles eligible for
applications for NHTSA permission vehicles will be imported under Box 8 importation for purposes of show or
letters will be submitted for ten percent in each of the next three years. The vast display. In 2006, the agency received
of those vehicles, and that a single majority of these vehicles were off-road eight such applications. Averaging these
application will be filed for each motorbikes or all-terrain vehicles that figures, the agency projects that it will
vehicle, the agency estimates that 500 were imported in bulk shipments for receive ten applications to determine

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vehicles eligible for importation for States can temporarily import a vehicle so that it complies with all
purposes of show or display in each of nonconforming vehicle for personal use applicable FMVSS following
the next three years. Assuming that it during the member’s tour of duty under importation. NHTSA is authorized by 49
will take the typical applicant up to ten Box 12 on the HS–7 Declaration form. U.S.C. 30141(c) to establish, by
hours to compile and assemble the In 2005, a total of 284 vehicles were regulation, procedures for registering
materials needed to support each imported under Box 12. In 2006, 130 RIs. Those regulations are found in 49
application, the agency estimates that such vehicles were imported. Averaging CFR part 592.
up to 100 hours will be expended in this these figures, the agency projects that a. Information collected from
activity in each of those years. roughly 200 vehicles will be imported applicants: Under the terms of the
Also on the agency’s Web site is an under Box 12 in each of the next three regulations in part 592, an applicant for
application form that can be used to years. Assuming that volume, the hour RI status must submit to the agency
request NHTSA to permit a particular burden associated with the completion information that identifies the
vehicle to be imported for purposes of of the HS–7 Declaration form for these applicant, specifies the manner in
show or display once the agency has vehicles will be under 17 hours which the applicant’s business is
decided that the vehicle is of a make, (0.08333 hours to complete each HS–7 organized (i.e., sole proprietorship,
model, and model year that is eligible × 200 vehicles = 16.666 hours). partnership, or corporation), and,
for importation for those purposes. n. Importation of vehicles to prepare depending on the form of organization,
Certain restrictions apply to vehicles import eligibility petitions under Box identifies the principals of the business.
that are imported for purposes of show 13: A nonconforming vehicle imported The application must also state that the
or display. Among those is a by an RI for the purpose of preparing a
applicant has never had a registration
requirement that the vehicle not be petition for NHTSA to decide that a
revoked and identify any principal
driven in excess of 2,500 miles per year. particular make, model, and model year
previously affiliated with another RI.
The application specifies the terms of vehicle is eligible for importation is
The application must also provide the
the importation and makes provision for entered under Box 13 on the HS–7
street address and telephone number in
the applicant to agree to those terms. In Declaration form. A letter from NHTSA
the United States of each facility for the
2005, the agency received 22 granting the importer permission to
conformance, storage, and repair of
applications to import specific vehicles import the vehicle for that purpose must
vehicles that the applicant will use to
for purposes of show or display. In be filed with the declaration. NHTSA
fulfill its duties as an RI, including
2006, the agency received 30 such has issued guidance to inform RIs that
applications. Averaging those figures, it will permit no more than two vehicles records maintenance, and the street
the agency estimates that it will receive to be imported for the purpose of address in the United States that it
roughly 26 applications in each of the preparing an import eligibility petition. designates as its mailing address. The
next three years. Assuming that it will Box 13 was incorporated into the HS– applicant must also furnish a business
take the typical applicant up to one 7 Declaration form when that form was license or other similar document
hour to compile and assemble the last revised in May, 2006. Since that issued by a State or local authority
materials needed to support each time, the agency has received requests authorizing it to do business as an
application, the agency estimates that to permit the importation of 17 vehicles importer, seller, or modifier of motor
up to 26 hours will be expended in this under Box 13. As previously noted, the vehicles, or a statement that it has made
activity in each of those years. agency projects that roughly 30 import a bona fide inquiry and is not required
l. Importation of equipment subject to eligibility petitions will be submitted in by any State or local authority to
the Theft Prevention Standard under each of the next three years. The agency maintain such a license. The application
Box 11: Items of motor vehicle permits an RI to import up to two must also set forth sufficient
equipment that are marked in vehicles for the purpose of preparing an information to allow the Administrator
accordance with the Theft Prevention import eligibility petition. Assuming to conclude that the applicant (1) is
Standard in 49 CFR part 541 are entered that each petitioning RI imports two technically able to modify
under Box 11 on the HS–7 Declaration vehicles, the agency estimates that it nonconforming vehicles to conform to
form. In 2005, there were 2,696 entries will receive up to 60 requests per year applicable Federal motor vehicle safety
under Box 11. In 2006, there were 7,542 for letters permitting those vehicles to and bumper standards, (2) owns or
such entries. Averaging these figures, be imported under Box 13. Estimating leases one or more facilities sufficient in
the agency estimates that 5,000 entries that it will take five minutes to complete nature and size to repair, conform, and
will be made under Box 11 in each of each of those requests, the hour burden store the vehicles for which it furnishes
the next three years. Virtually all of associated with this activity will be statements of conformity to NHTSA, (3)
these entries are made electronically. under 5 hours (0.08333 hours to is financially and technically able to
This is evidenced by the fact that the complete each request × 60 vehicles = provide notification of and a remedy for
agency received only eleven HS–7 4.99 hours). a noncompliance with an FMVSS or a
Declaration forms for Box 11 entries 2. Information collected from defect related to motor vehicle safety
made in 2006. Assuming that it will take applicants for RI status and existing RIs determined to exist in the vehicles it
five minutes to complete each of these seeking to renew their registrations: imports, and (4) is able to acquire and
entries, the agency projects that under Under 49 U.S.C. 30141, a motor vehicle maintain information on the vehicles
420 hours will be expended on an that was not originally manufactured to that it imports and the owners of those
annual basis in making these entries for comply with all applicable FMVSS vehicles so that it can notify the owners
vehicles imported under Box 11 (0.0833 cannot be lawfully imported into the if a safety-related defect or
hours per declaration × 5000 vehicles = United States on a permanent basis noncompliance is determined to exist in
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416.66 hours). unless (1) NHTSA decides it is eligible such vehicles. The application must
m. Temporary importation of for importation, based on its capability also contain a statement that the
nonconforming vehicles by foreign of being modified to conform to all applicant will abide by the duties of an
military personnel under Box 12: A applicable FMVSS and (2) it is imported RI and attesting to the truthfulness and
member of the armed forces of a foreign by an RI or by a person who has a correctness of the information provided
country on assignment in the United contract with an RI to modify the in the application. A brochure

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27360 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices

containing sample documents that an vehicle or equipment purchase or sales nonconforming vehicle for which they
applicant may use in applying to orders or agreements, conformance submit a conformity package to NHTSA.
become an RI is posted to the agency’s agreements with importers other than Paper HS–7 Declaration Forms are only
Web site at www.nhtsa.gov/cars/rules/ RIs, and correspondence between the RI filed for a small fraction of the
import. In 2005, NHTSA received five and the owner or purchaser of each nonconforming vehicles imported into
applications for RI status. In 2006, the vehicle for which the RI furnishes a the United States. Customs brokers file
agency received four applications of this certificate of conformity to NHTSA, (3) entries for most nonconforming vehicles
kind. Based on these figures, the agency the last known name and address of the electronically by using the Automated
anticipates that it will receive five owner or purchaser of each vehicle for Broker Interface (ABI) system. For
applications for RI status in each of the which the RI furnishes a certificate of example, in calendar year 2006, 10,953
next three years. Assuming that it will conformity, and the vehicle ABI entries were made for
take up to ten hours to compile and identification number (VIN) of the nonconforming vehicles imported into
assemble the material needed to support vehicle, and (4) records, both the United States under Box 3, and only
a single application, the agency photographic and documentary, 440 paper HS–7 Declaration Forms
estimates that 50 hours will be reflecting the modifications made by the (representing less than four percent of
expended in this activity for each of the RI, which were submitted to NHTSA to the total) were filed for such vehicles.
next three years (5 applications × 10 obtain release of the conformance bond Because HS–7 Declaration Forms are
hours = 50 hours). furnished for the vehicle at the time of filed for only a small fraction of the
b. Information collected from existing importation. See 49 CFR 592.6(b)(1) nonconforming vehicles that are
RIs: To maintain its registration, an RI through (b)(4). imported by RIs, the storage
must file an annual statement affirming The latter records are referred to as a requirement for those records can have
that all information it has on file with ‘‘conformity package.’’ Most conformity no more than a negligible cost impact on
the agency remains correct and that it packages submitted to the agency the industry. Because the remaining
continues to comply with the covering vehicles imported from Canada records that RIs are required to retain
requirements for being an RI. Formats are comprised of approximately six under 49 CFR 592.6(b) may be stored
that existing RIs may use to renew their sheets of paper (including a check-off electronically, the costs incident to the
registrations are included in a sheet identifying the vehicle and the storage of those records should also be
newsletter sent electronically to each RI standards that it was originally negligible.
before the renewal is due and posted to manufactured to conform to and those RIs who conduct recall campaigns to
the agency’s Web site at www.nhtsa.gov/ that it was modified to conform to, a remedy a safety-related defect or a
cars/rules/import. The number of RI statement identifying the recall history noncompliance with an FMVSS
renewals has been steadily declining in of the vehicle, a copy of the HS–474 determined to exist in a vehicle they
recent years on account of the continual conformance bond covering the vehicle, import must report the progress of those
weakening of the U.S. dollar against the and a copy of the mandatory service campaigns to NHTSA. The agency
Canadian dollar, and the concomitant insurance policy obtained by the RI to estimates that it should take each RI that
reduction in the volume of vehicles cover its recall obligations for the is required to conduct a safety recall
imported from Canada. In 2005, NHTSA vehicle). In addition, most conformity campaign approximately one hour to
received renewal packages from 94 RIs. packages include photographs of the compile information for and prepare
In 2006, the agency received only 69 vehicle, components that were modified each of the two reports it would be
renewal packages. Based on these or replaced to conform the vehicle to required to submit to the agency
figures, the agency anticipates that it applicable standards, and the detailing the progress of the recall
will receive an average of 65 renewal certification labels affixed to the campaign. Since vehicle manufacturers
packages in each of the next three years. vehicle. in most cases include vehicles imported
Assuming that it will take up to two Approximately 120 conformity by RIs in their own recall campaigns, it
hours to compile and assemble the packages can be stored in a cubic foot is likely that very few of these reports
material needed to support a single of space. Based on projected imports of would have to be prepared or submitted
application for renewal, the agency 10,000 nonconforming vehicles per by RIs.
estimates that 130 hours will be year, 83.3 cubic feet of space will be Description of the Need for the
expended in this activity for each of the needed on an industry-wide basis to Information and Proposed Use of the
next three years (65 renewal store one year’s worth of conformity Information: The information collection
applications × 2 hours = 130 hours). packages. Assuming an annual cost of detailed above is necessary to ensure
3. Information to be retained by RIs: $20 per cubic foot to store the that motor vehicles and items of motor
The agency’s regulations at 49 CFR information, NHTSA estimates the vehicle equipment subject to the Federal
592.6(b) require an RI to maintain and aggregate cost to industry for storing a motor vehicle safety, bumper and theft
retain certain specified records for each year’s worth of conformity packages to prevention standards are lawfully
motor vehicle for which it furnishes a be $1,666.40 per year. Over a ten-year imported into the United States. To be
certificate of conformity to NHTSA, for retention period, a member of the lawfully imported, the vehicle or
a period of 10 years from the vehicle’s industry would be required to retain 55 equipment item must be covered by one
date of entry. As described in the annual units of records (assuming that of the boxes on the HS–7 Declaration
regulations, those records must consist one annual unit was stored in the first form and the importer must declare,
of ‘‘correspondence and other year, two annual units in the second subject to penalty for making false
documents relating to the importation, year, and so on). The aggregate cost to statements, that the vehicle or
modification, and substantiation of industry of the ten-year record retention equipment item is entitled to entry
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certification of conformity to the requirement will therefore be $91.652 under the conditions specified on the
Administrator.’’ The regulations further (55 × $1,666.40). form, including the provision of any
specify that the records to be retained RIs are also required under 49 CFR supporting information or materials that
must include (1) a copy of the HS–7 592.6(b) to retain a copy of the HS–7 may be required.
Declaration Form furnished for the Declaration Form furnished to Customs NHTSA relies on the information
vehicle at the time of importation, (2) all at the time of entry for each provided by RIs and applicants for RI

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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices 27361

status to obtain and renew their Estimate of the Total Annual Petitions for stay must be filed no later
registrations so that it can better ensure Reporting and Recordkeeping Burden of than May 25, 2007 (at least 7 days before
that RIs are meeting their obligations the Collection of Information in the the exemption becomes effective).
under the statutes and regulations Amended Regulations: Adding together An original and 10 copies of all
governing the importation of the burden hours detailed above yields pleadings, referring to STB Finance
nonconforming vehicles and can make a total of 42,413 hours expended on an Docket No. 35022, must be filed with
more informed decisions in conferring annual basis for all paperwork the Surface Transportation Board, 395 E
RI status on applicants and in associated with the filing of the HS–7 Street, SW., Washington, DC 20423–
permitting RI status to be retained by Declaration form and other aspects of 0001. Also, a copy of each pleading
those currently holding registrations. In the vehicle importation program. must be served on Jack E. Dodd, P.O.
this manner, those lacking the capability Estimate of the Total Annual Costs of Box 28, Saint Albans, VT 05478.
to responsibly provide RI services, or the Collection of Information: Other Board decisions and notices are
who have committed or are associated than the cost of the burden hours, the available on our Web site at http://
with those who have committed past only additional costs associated with www.stb.dot.gov.
violations of the vehicle importation this information collection are those Decided: May 8, 2007.
laws, can be more readily denied incident to the storage, for a period of By the Board, David M. Konschnik,
registration as an RI, or if they already ten years, of records pertaining to the Director, Office of Proceedings.
hold such a registration, have that nonconforming vehicles that each RI Vernon A. Williams,
registration suspended or revoked when imports into the United States.
Secretary.
circumstances warrant such action. Authority: 44 U.S.C. 3506(c); delegation of [FR Doc. E7–9203 Filed 5–14–07; 8:45 am]
Description of the Likely Respondents authority at 49 CFR 1.50 and 501.8(f).
BILLING CODE 4915–01–P
(Including Estimated Number and Issued on: May 8, 2007.
Proposed Frequency of Responses to the
Daniel Smith,
Collection of Information): With regard
to the HS–7 Declaration form, likely Associate Administrator for Enforcement.
DEPARTMENT OF THE TREASURY
respondents include any private [FR Doc. E7–9234 Filed 5–14–07; 8:45 am]
individual or commercial entity BILLING CODE 4910–59–P Fiscal Service
importing into the United States a
vehicle or item of motor vehicle Financial Management Service;
equipment subject to the Federal motor DEPARTMENT OF TRANSPORTATION Proposed Collection of Information:
vehicle safety standards. It is difficult to Authorization Agreement for
Surface Transportation Board Preauthorized Payment (SF 5510)
estimate, with reliability, the absolute
number of such respondents; however, [STB Finance Docket No. 35022]
AGENCY: Financial Management Service,
that number would include: Fiscal Service, Treasury.
• The 73 RIs who are currently New Hampshire Central Railroad,
Inc.—Lease and Operation ACTION: Notice and request for
registered with NHTSA and import
nonconforming vehicles under Boxes 3 Exemption—Line of the New comments.
and 13; Hampshire Department of
Transportation SUMMARY: The Financial Management
• The roughly 2,000 individuals who Service, as part of its continuing effort
import each year Canadian-certified New Hampshire Central Railroad, Inc. to reduce paperwork and respondent
vehicles for personal use under Box 2B; (NHCR), a Class III rail carrier, has filed burden, invites the general public and
• The several hundred original a verified notice of exemption under 49 other Federal agencies to take this
manufacturers who import conforming CFR 1150.41 to acquire by lease and to opportunity to comment on a
motor vehicles and equipment items operate approximately 8.47 miles of rail continuing information collection. By
under Box 2A; nonconforming vehicles line owned by the State of New this notice, the Financial Management
or equipment intended for export under Hampshire Department of Service solicits comments concerning
Box 4; nonconforming vehicles and Transportation on the Mountain the Form 5510, ‘‘Authorization
equipment on a temporary basis for Division corridor, between Engineering Agreement for Preauthorized Payment’’.
purposes of research, investigations, or Station 5060+25, Valuation Section 17 DATES: Written comments should be
other reasons specified under Box 7; NH Map 53, in Whitefield, NH, and received on or before July 16, 2007.
vehicles and equipment requiring Station 5503, Valuation Section 18 VT
further manufacturing operations under ADDRESSES: Direct all written comments
Map 3, in Lunenburg, VT.
Box 9; and equipment subject to the to Financial Management Service, 3700
NHCR certifies that its projected
Theft Prevention Standard under Box East West Highway, Records and
revenues as a result of this transaction
11. Information Management Branch, Room
will not result in the creation of a Class
• The several hundred dealers, 135, Hyattsville, Maryland 20782.
II or a Class I rail carrier and will not
distributors, and individuals who exceed $5 million. FOR FURTHER INFORMATION CONTACT:
import off-road vehicles such as dirt The earliest this transaction may be Requests for additional information
bikes and all-terrain vehicles or ATVs, consummated is June 1, 2007, the should be directed to Mike Burnum,
as well as other vehicles that are not effective date of the exemption (30 days Director, Settlement Services Division,
primarily manufactured for on-road use after the exemption was filed). Room 426, 401–14th Street, SW.,
under Box 8. If the notice contains false or Washington, DC 20227 (202) 874–6430.
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• The several hundred nonresidents misleading information, the exemption SUPPLEMENTARY INFORMATION: Pursuant
of the United States and foreign is void ab initio. Petitions to revoke the to the Paperwork Reduction Act of 1995,
diplomatic and military personnel who exemption under 49 U.S.C. 10502(d) (44 U.S.C. 3506(c)(2)(A)), the Financial
temporarily import nonconforming may be filed at any time. The filing of Management Service solicits comments
vehicles for personal use under Boxes 5, a petition to revoke will not on the collection of information
6, and 12. automatically stay the transaction. described below:

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