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Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation


American Government

Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation

Daniel C. Smith
National Highway Traffic Safety Administration
September 18, 2012


[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57641-57645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22818]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0119]


Tentative Decision That Certain Canadian-Certified

    Vehicles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Request for Comments.

-----------------------------------------------------------------------

SUMMARY: This notice requests comments on a tentative decision by the 
National Highway Traffic Safety Administration (NHTSA) that certain 
vehicles that do not comply with all applicable Federal motor vehicle 
safety standards (FMVSS), but that are certified by their original 
manufacturer as complying with all applicable Canadian motor vehicle 
safety standards (CMVSS), are nevertheless eligible for importation 
into the United States. The vehicles in question either are 
substantially similar to vehicles that were certified by their 
manufacturers as complying with the U.S. safety standards and are 
capable of being readily altered to conform to those standards, or have 
safety features that comply with, or are capable of being altered to 
comply with, all U.S. safety standards.

DATES: You should submit your comments early enough to ensure that the 
docket receives them not later than October 9, 2012.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: For detailed instructions on submitting comment, see 
the Public Participation heading of the SUPPLEMENTARY INFORMATION 
section of this notice. Note that all comments received will be posted 
without change to http://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 http://DocketInfo.dot.gov.
    Confidential Information: If you wish to submit any information 
under a claim of confidentiality, you should submit three copies of 
your complete submission, including the information you claim to be 
confidential business information, to the Chief Counsel, NHTSA, at the 
address given below under FOR FURTHER INFORMATION CONTACT. In addition, 
you should submit two copies, from which you have deleted the claimed 
confidential business information, to Docket Management at the address 
given above under ADDRESSES. When you send a comment containing 
information claimed to be confidential business information, you should 
include a cover letter setting forth the information specified in our 
confidential business information regulation. (49 CFR Part 512.)
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Coleman Sachs, Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590. Telephone: (202) 366-3151.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided, 
either pursuant to a petition from the manufacturer or registered 
importer or on its own initiative, (1) that the nonconforming motor 
vehicle is substantially similar to a motor vehicle of the same model 
year that was originally manufactured for importation into and sale in 
the United States and certified by its manufacturer as complying with 
all applicable FMVSS, and (2) that the nonconforming motor vehicle is 
capable of being readily altered to conform to all applicable FMVSS. 
Where there is no substantially similar U.S.-certified motor vehicle, 
49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be 
admitted into the United States if NHTSA decides that its safety 
features comply with, or are capable of being altered to comply with, 
all applicable FMVSS based on destructive test data or such other 
evidence as NHTSA decides to be adequate.

Most Recent Decision

    On September 27, 2007, NHTSA published a notice in the Federal 
Register announcing that it had made a final decision on its own 
initiative that certain motor vehicles that are certified by their 
original manufacturer as complying with all applicable CMVSS are 
eligible for importation into the United States (72 FR 54975). The 
notice identified these vehicles as:
    (a) All passenger cars manufactured on or after September 1, 2007, 
and before September 1, 2008, that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401;
    (b) All passenger cars manufactured on or after September 1, 2008 
and before September 1, 2011 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 
401;
    (c) All passenger cars manufactured on or after September 1, 2011 
and before September 1, 2012 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 126, 138, 201, 202a, 206, 208, 213, 214, 225, 
and 401;
    (d) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2007 and before September 1, 2008, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and 
insofar as they are applicable, with FMVSS Nos. 138 and 225;
    (e) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2008 and before September 1, 2011, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 
216, and insofar

[[Page 57642]]

as they are applicable, with FMVSS Nos. 138 and 225; and
    (f) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2011 and before September 1, 2012, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, 
and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 
225.
    In the notice of tentative decision that preceded the final 
decision, the agency explained that the identified standards 
incorporated requirements that were not adopted, in whole or in part, 
by Canada (72 FR 45488; August 14, 2007). The notice proposed limiting 
the import eligibility decision to vehicles manufactured before 
September 1, 2012 so that the agency could assess, prior to that date, 
whether any other requirements were added to the FMVSS that Canada 
chose not to adopt. This limitation was included in the final 
eligibility decision published on September 27, 2007.

Additional Actions By the United States and Canada Since the Prior 
Eligibility Decision

    Since the last eligibility decision covering Canadian-certified 
vehicles was issued, NHTSA published a final rule that amended FMVSS 
No. 222 School Bus Passenger Seating and Crash Protection that raised 
the seat back height for school buses from 20 inches to 24 inches; 
required lap/shoulder belts for all passenger seats in small school 
buses, specified performance requirements for school bus seats with 
seat belts, and required self-latching mechanism for seat bottoms that 
are designed to flip up (73 FR 62744; October 21, 2008). The height 
requirements were effective April 20, 2009 and the belt requirements 
October 21, 2011. Since this final rule, the US and Canadian versions 
of Standard No. 222 are no longer harmonized. The agency has therefore 
tentatively decided to limit the import eligibility of school buses 
with Gross Vehicle Weight Ratings of 4,536 kg (10,000 lb) or less 
manufactured on or after September 1, 2008 to those that were 
originally manufactured to comply with FMVSS No. 222.
    In addition, NHTSA has adopted a new FMVSS No. 226 Ejection 
Mitigation. On January 19, 2011 NHTSA published a final rule to 
establish this new standard to mitigate occupant ejection from side 
windows in rollovers and side impacts (76 FR 3212). This final rule 
will be effective September 1, 2017, except for altered and multistage 
vehicles for which it will be effective September 1, 2018. If Canada 
does not adopt a substantially similar CMVSS by those dates, this 
standard would be added to the list of FMVSS that a vehicle must be 
originally manufactured to meet to be eligible for importation.
    On September 17, 2008, Canada amended its regulations to align the 
requirements of CMVSS 110 with those of FMVSS No. 110 Tire Selection 
and Rims for Motor Vehicles with a GVWR of 4,536 kg (10,000) lb) or 
Less. The newly aligned requirements became effective on August 1, 
2009.
    On May 2, 2009, Canada amended its regulations to align the 
requirements of CMVSS 118 with those of FMVSS No. 118 Power-Operated 
Window, Partition, and Roof Panel Systems. The newly aligned 
requirements became effective on October 1, 2010.
    On December 10, 2009, Canada adopted CMVSS 126 incorporating the 
requirements of FMVSS No. 126 Electronic Stability Control Systems. The 
newly adopted requirements became effective for passenger cars, multi-
purpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg 
(10,000 lb) or less manufactured after August 31, 2011.
    On July 9, 2011, Canada published a Technical Standards Document 
(TSD) that adopts the requirements of FMVSS No. 202a Head Restraints. 
The newly adopted requirements become effective on September 1, 2012.
    On July 24, 2010, Canada published a revision to a TSD that 
incorporates the requirements of FMVSS No. 216 Roof Crush Resistance. 
The newly adopted requirements become effective on September 1, 2016.
    On August 22, 2007, Canada amended its regulations to align the 
requirements of CMVSS 401 with those of FMVSS No. 401 Interior Trunk 
Release. The newly aligned requirements became effective on September 
1, 2010.
    Canada has yet to adopt or fully align the requirements of its 
regulations with those of FMVSS Nos. 138 Tire Pressure Monitoring 
Systems, 201 Occupant Protection in Interior Impact, 208 Occupant Crash 
Protection, 213 Child Restraint Systems, 214 Side Impact Protection, 
and 225 Child Restraint Anchorage Systems.
    The tables below summarize the current state of harmonization 
between the CMVSS and the FMVSS. Table 1 is a list of all FMVSS that 
are harmonized to the CMVSS, or for which the differences are such that 
compliance with the US standard can be readily achieved. Table 2 is a 
list of all FMVSS which are not harmonized. Table 3 is a list of FMVSS 
that have been adopted and are not yet effective, but will be in the 
future.

                                          Table 1--Harmonized Standards
----------------------------------------------------------------------------------------------------------------
                                                                                Date harmonized since last
                  FMVSS                         Canadian equivalent                   determination
----------------------------------------------------------------------------------------------------------------
102--Transmission Shift Position           CMVSS 102--Transmission
 Sequence, Starter Interlock, and           Control Functions.
 Transmission Braking Effect.
103--Windshield Defrosting and Defogging   CMVSS 103--Windshield
 Systems.                                   Defrost and Defog.
104--Windshield Wiping and Washing         CMVSS 104--Windshield Wiping
 Systems.                                   and Wash.
105--Hydraulic and Electric Brake Systems  CMVSS 105--Hydraulic and
                                            Electric Brakes; TSD 105.
106--Brake Hoses.........................  CMVSS 106--Brake Hoses; TSD
                                            106.
108--Lamps, Reflective Devices and         CMVSS 108--Lighting Systems
 Associated Equipment.                      and Retroreflective
                                            Devices; TSD 108.
110--Tire Selection and Rims for Motor     CMVSS 110--Tire Selection     September 1, 2009.
 Vehicles with a GVWR of 4,536 kg           and Rims; TSD 110.
 (10,000) lb) or Less.
111--Rearview Mirrors....................  CMVSS 111--Mirrors..........
113--Hood Latch Systems..................  CMVSS 113--Hood Latch System
114--Theft Protection and Rollaway         CMVSS 114--Locking and
 Prevention.                                Immobilization; TSD 114.
116--Motor Vehicle Brake Fluids..........  CMVSS 116--Hydraulic Brake
                                            Fluids; TSD 116.
118--Power-Operated Window, Partition,     CMVSS 118--Power-operated     September 1, 2011.
 and Roof Panel Systems.                    Windows; TSD 118.

[[Page 57643]]

 
120--Tire Selection and Rims and Motor     CMVSS 120--Tire Selection
 Home/Recreation Vehicle Trailer Load       and Rims for Vehicles Other
 Carrying Capacity Information for Motor    Than Passenger Cars; TSD
 Vehicles with a GVWR of More Than 4,536    120.
 Kilograms (10,000 pounds).
121--Air Brake Systems...................  CMVSS 121--Air Brakes for
                                            Trucks; TSD 121.
122--Motorcycle Brake Systems............  CMVSS 122--Motorcycle Brake
                                            Systems; TSD 122.
123--Motorcycle Controls and Displays....  CMVSS 123--Motorcycle
                                            Control & Displays; TSD 123.
124--Accelerator Control Systems.........  CMVSS 124--Accelerator
                                            Control Systems; TSD 124.
126--Electronic Stability Control Systems  CMVSS 126--Electronic         September 1, 2011.
                                            Stability Control; TSD 126.
131--School Bus Pedestrian Safety Devices  CMVSS 131--School Bus
                                            Pedestrian Safety Devices;
                                            TSD 131.
135--Light Vehicle Brake Systems.........  CMVSS 135--Light Vehicle
                                            Brake Systems; TSD 135.
202--Head Restraints; Applicable unless a  CMVSS 202--Head Restraints;
 vehicle is certified to Sec.   571.202a.   TSD 202.
202a--Head Restraints....................  CMVSS 202--Head Restraints;   September 1, 2012.
                                            TSD 202.
203--Impact protection for the driver      CMVSS 203--Driver Impact
 from the steering control system.          Protection.
204--Steering control rearward             CMVSS 204--Steering Column
 displacement.                              Rearward Displacement.
205--Glazing materials...................  CMVSS 205--Glazing Materials
205a--Glazing materials before September   CMVSS 205--Glazing Materials
 1, 2006 and glazing materials used in
 vehicles manufactured before November 1,
 2006.
207--Seating systems.....................  CMVSS 207--Anchorage of
                                            Seats.
210--Seat belt assembly anchorages.......  CMVSS 210--Seat Belt
                                            Assembly Anchorages.
212--Windshield mounting.................  CMVSS 212--Windshield
                                            Mounting.
216--Roof crush resistance; Applicable     CMVSS 216--Roof Intrusion
 unless a vehicle is certified to Sec.      Protection; TSD 216.
 571.216a.
216a--Roof crush resistance; Upgraded      CMVSS 216--Roof Intrusion
 standard.                                  Protection; TSD 216.
217--Bus emergency exits and window        CMVSS 217--Bus Window
 retention and release.                     Retention and Emergency
                                            Exits.
219--Windshield zone intrusion...........  CMVSS 219--Windshield Zone
                                            Intrusion.
220--School bus rollover protection......  CMVSS 220--Rollover
                                            Protection; TSD 220.
221--School bus body joint strength......  CMVSS 221--School Bus Body
                                            Joint Strength.
224--Rear impact protection..............  CMVSS 223--Rear Impact
                                            Guards.
301--Fuel system integrity...............  CMVSS 301--Fuel System
                                            Integrity; TSD 301.
302--Flammability of interior materials..  CMVSS 302--Flammability; TSD
                                            302.
303--Fuel system integrity of compressed   CMVSS 301.2--CNG Fuel System
 natural gas vehicles.                      Integrity.
304--Compressed natural gas fuel           CMVSS 301.2--CNG Fuel System
 container integrity.                       Integrity.
305--Electric-powered vehicles:            CMVSS 305--Electrolyte
 electrolyte spillage and electrical        Spillage and Electrical
 shock protection.                          Shock Protection; TSD 305.
401--Internal trunk release..............  CMVSS 401--Interior Trunk     September 1, 2010.
                                            Release; TSD 401.
500--Low-speed vehicles..................  CMVSS 500--Low-speed
                                            Vehicles; TSD 500.
----------------------------------------------------------------------------------------------------------------


                                Table 2--Standards That Have Not Been Harmonized
----------------------------------------------------------------------------------------------------------------
                                                                                         Multipurpose passenger
                                                                                          vehicles, trucks, and
            U.S. Standard                Canadian standard         Passenger cars         buses with a GVWR of
                                                                                         4,536 Kg (10,000 Lb) or
                                                                                                  less
----------------------------------------------------------------------------------------------------------------
FMVSS 101--Controls and Displays....  CMVSS 101--Controls                           X                         X
                                       and Displays.
FMVSS 138--Tire Pressure Monitoring   ......................                        X                         X
 Systems.
FMVSS 201--Occupant Protection in     CMVSS 201--Occupant                           X                         X
 Interior Impact.                      Protection.
206--Door locks and door retention    CMVSS 206--Door Locks                         X                         X
 components.                           and Door Retention
                                       Components.
FMVSS 208--Occupant Crash Protection  CMVSS 208--Occupant                           X                         X
                                       Restraint Frontal
                                       Impact.
FMVSS 213--Child Restraint Systems..  CMVSS 213.4--Built-in                         X                         X
                                       Child Restraint
                                       Systems.
FMVSS 214--Side Impact Protection...  CMVSS 214--Side Door                          X                         X
                                       Strength.
FMVSS 222--School Bus Passenger       CMVSS 222--School Bus   ........................                      \1\
 Seating and Crash Protection.         Passenger Seating and
                                       Crash Protection.
FMVSS 225--Child restraint anchorage  ......................                        X                         X
 systems.
----------------------------------------------------------------------------------------------------------------
\1\ School buses only.


[[Page 57644]]


                         Table 3--FMVSS That Have Been Adopted But are Not Yet Effective
----------------------------------------------------------------------------------------------------------------
                   FMVSS                        Federal Register  Notice       Description       Effective date
----------------------------------------------------------------------------------------------------------------
226--Ejection Mitigation...................  76 FR 3212; 1/19/2011........  New standard to    9/1/17, except
                                                                             mitigate           for altered and
                                                                             occupant           multistage
                                                                             ejection from      vehicles 9/1/18.
                                                                             side windows in
                                                                             rollovers and
                                                                             side impacts..
----------------------------------------------------------------------------------------------------------------

    In light of these developments, NHTSA has tentatively decided to 
require, as a condition for import eligibility, that Canadian-certified 
passenger cars manufactured on or after September 1, 2012 and before 
September 1, 2017 comply, as originally manufactured, with FMVSS Nos. 
138, 201, 206, 208, 213, 214, and 225. The agency has also tentatively 
decided to require, as a condition for import eligibility, that 
Canadian-certified multipurpose passenger vehicles, trucks, and buses 
with a GVWR of 4,536 kg (10,000 lb) or less manufactured on or after 
September 1, 2012 and before September 1, 2017 comply, as originally 
manufactured, with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and 
insofar as they are applicable, with FMVSS Nos. 138 and 225. The agency 
has also tentatively decided to require, as a condition for import 
eligibility, that Canadian-certified school buses with a GVWR of 4,536 
kg (10,000 lb) or less manufactured on or after September 1, 2012 and 
before September 1, 2017 also comply with FMVSS No. 222.
    The agency has also tentatively decided to revise its prior import 
eligibility decisions to eliminate references to the following 
harmonized standards for the vehicles identified below:
     FMVSS No. 110 for all passenger cars and all multipurpose 
passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 
lb) or less manufactured on or after September 1, 2009;
     FMVSS No. 118 for all passenger cars and all multipurpose 
passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 
lb) or less manufactured on or after September 1, 2011;
     FMVSS No. 126 for all passenger cars and all multipurpose 
passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 
lb) or less manufactured on or after September 1, 2011; and
     FMVSS No. 401 for all passenger cars manufactured on or 
after September 1, 2010.

Future Cut-Off Date

    To avoid the need to amend any existing eligibility decisions in 
the event that there are any further requirements imposed under the 
FMVSS that are not carried into the corresponding CMVSS, NHTSA has 
tentatively decided to limit its import eligibility decisions for 
Canadian-certified passenger cars and for multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 10,000 pounds or less to 
such vehicles manufactured before September 1, 2017. Prior to that 
date, the agency will assess whether there is a need to condition the 
import eligibility of any subsequently manufactured Canadian-certified 
vehicles on compliance with any additional FMVSS. The agency intends to 
issue new decisions covering vehicles manufactured on or after 
September 1, 2017 within a sufficient period before that date is 
reached.

Tentative Decision

    Pending its review of any comments submitted in response to this 
notice, NHTSA hereby tentatively decides that--
    (a) All passenger cars manufactured on or after September 1, 2012 
and before September 1, 2017 that, as originally manufactured, comply 
with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225; and
    (b) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2012 and before September 1, 2017, that, as originally manufactured, 
comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as 
they are applicable, with FMVSS Nos. 138, 222, and 225; that are 
certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards, are eligible for 
importation into the United States on the basis that either:
    1. They are substantially similar to vehicles of the same make, 
model, and model year originally manufactured for importation into and 
sale in the United States, or originally manufactured in the United 
States for sale therein, and certified as complying with all applicable 
FMVSS, and are capable of being readily altered to conform to all 
applicable FMVSS, or
    2. They have safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS.

Vehicle Eligibility Number

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
Vehicle Eligibility Number VSA-80 is currently assigned to Canadian-
certified passenger cars and Vehicle Eligibility Number VSA-81 is 
currently assigned to Canadian-certified multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or 
less. If this tentative decision is made final, all passenger cars 
admissible under the final decision will be assigned vehicle 
eligibility number VSA-80, and all multipurpose passenger vehicles, 
trucks, and buses admissible under the final decision will be assigned 
vehicle eligibility number VSA-81.

Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Comments may be submitted to the docket electronically by logging 
onto the Docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    You may also submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB

[[Page 57645]]

and DOT Data Quality Act guidelines. Accordingly, we encourage you to 
consult the guidelines in preparing your comments. OMB's guidelines may 
be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. 
DOT's guidelines may be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR Part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider in developing 
a determination (assuming that one is issued), we will consider that 
comment as an informal suggestion for future action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the 
dockets.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.8; delegation of authority at 49 CFR 1.95.

    Issued on: September 12, 2012.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2012-22818 Filed 9-17-12; 8:45 am]
BILLING CODE 4910-59-P




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