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

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

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

Heidi R. King
National Highway Traffic Safety Administration
3 January 2018

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 415-418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28391]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0062; Notice 2]

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

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

ACTION: Final decision.

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SUMMARY: This document announces a final decision by 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 (1) 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 (2)
have safety features that comply with, or are capable of being altered
to comply with, all U.S. safety standards.

DATE: This decision is applicable on January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Neil Thurgood, Office of Vehicle
Safety Compliance, NHTSA, 1200 New Jersey Avenue SE, Washington, DC
20590. Telephone: (202) 366-0712.

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

[[Page 416]]

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.

Tentative Decision

On October 24, 2017, NHTSA published a notice in the Federal
Register announcing that it had made a tentative decision 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 (82 FR 49260). The notice identified these vehicles
as:
(a) All passenger cars manufactured on or after September 1, 2017,
and before May 1, 2018, that as originally manufactured, comply with
FMVSS Nos. 138, 201, 206, 208, 213, 214, 225, and insofar as it is
applicable, with FMVSS No. 226;
(b) All passenger cars manufactured on or after May 1, 2018, and
before September 1, 2022, that as originally manufactured, comply with
FMVSS Nos. 111, 138, 201, 206, 208, 213, 214, 225, and insofar as it is
applicable, with FMVSS No. 226;
(c) All multipurpose passenger vehicles, trucks, and buses with a
gross vehicle weight rating (GVWR) of 4,536 kg (10,000 lb) or less
manufactured on or after September 1, 2017, and before May 1, 2018,
that as originally manufactured, comply with FMVSS Nos. 138, 201, 206,
208, 213, and 214, and insofar as they are applicable, with FMVSS Nos.
222, 225, and, 226;
(d) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after May 1,
2018, and before September 1, 2022, that as originally manufactured,
comply with FMVSS Nos. 111, 138, 201, 206, 208, 213, and 214, and
insofar as they are applicable, with FMVSS Nos. 222, 225, and 226; and
(e) All multipurpose passenger vehicles, trucks, and buses with a
GVWR greater than 4,536 kg (10,000 lb) manufactured on or after August
1, 2019, and before September 1, 2022, that as originally manufactured,
comply with FMVSS No. 136 insofar as it is applicable.
The reader is referred to the October 24 notice for a full
discussion of the factors leading to the tentative decision. The notice
included tables that summarize the current state of harmonization
between the CMVSS and the FMVSS. For the convenience of the reader,
those tables are set out below. 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 U.S. standard can be readily achieved. Table 2 is a
list of all FMVSS that are not harmonized.

Table 1--Harmonized Standards
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U.S. standard (FMVSS) Canadian equivalent (CMVSS)
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102--Transmission Shift Position CMVSS 102--Transmission Control
Sequence, Starter Interlock, and Functions.
Transmission Braking Effect.
103--Windshield Defrosting and CMVSS 103--Windshield Defrost
Defogging Systems. and Defog.
104--Windshield Wiping and Washing CMVSS 104--Windshield Wiping
Systems. and Wash.
105--Hydraulic and Electric Brake CMVSS 105--Hydraulic and
Systems. Electric Brakes; TSD 105.
106--Brake Hoses....................... CMVSS 106--Brake Hoses; TSD
106.
108--Lamps, Reflective Devices and CMVSS 108--Lighting Systems and
Associated Equipment. Retroreflective Devices; TSD
108.
110--Tire Selection and Rims for Motor CMVSS 110--Tire Selection and
Vehicles with a GVWR of 4,536 kg Rims; TSD 110.
(10,000) lb) or Less.
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
and Roof Panel Systems. Windows; TSD 118.
120--Tire Selection and Rims and Motor CMVSS 120--Tire Selection and
Home/Recreation Vehicle Trailer Load Rims for Vehicles Other Than
Carrying Capacity Information for Passenger Cars; TSD 120.
Motor Vehicles with a GVWR of More
Than 4,536 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 CMVSS 126--Electronic Stability
Systems. Control; TSD 126.
131--School Bus Pedestrian Safety CMVSS 131--School Bus
Devices. Pedestrian Safety Devices; TSD
131.
135--Light Vehicle Brake Systems....... CMVSS 135--Light Vehicle Brake
Systems; TSD 135.
202--Head Restraints; Applicable unless CMVSS 202--Head Restraints; TSD
a vehicle is certified to Sec. 202.
571.202a.
202a--Head Restraints.................. CMVSS 202--Head Restraints; 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 CMVSS 205--Glazing Materials.
September 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
retention and release. 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.

[[Page 417]]

302--Flammability of interior materials CMVSS 302--Flammability; TSD
302.
303--Fuel system integrity of CMVSS 301.2--CNG Fuel System
compressed 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 Spillage
electrolyte spillage and electrical and Electrical Shock
shock protection. Protection; TSD 305.
401--Internal trunk release............ CMVSS 401--Interior Trunk
Release; TSD 401.
500--Low-speed vehicles................ CMVSS 500--Low-speed Vehicles;
TSD 500.
------------------------------------------------------------------------

Table 2--Standards That Have Not Been Harmonized
[X denotes ``applicable'']
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Canadian
U.S. standard (FMVSS) standard Passenger Multipurpose passenger vehicles, trucks, and buses
(CMVSS) cars with a GVWR of 4,536 Kg (10,000 Lb) or less
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FMVSS 101--Controls and CMVSS 101-- X............ X
Displays. Controls and
Displays.
FMVSS 111--Rear Visibility.. CMVSS 111-- X............ X
Mirrors.
FMVSS 136--Electronic ............... ............. Trucks/buses with GVWR greater than 11,793 Kg
Stability Control Systems (26,000 lb) only
for Heavy Vehicles.
FMVSS 138--Tire Pressure ............... X............ X
Monitoring Systems.
FMVSS 201--Occupant CMVSS 201-- X............ X
Protection in Interior Occupant
Impact. Protection.
FMVSS 206--Door locks and CMVSS 206--Door X............ X
door retention components. Locks and Door
Retention
Components.
FMVSS 208--Occupant Crash CMVSS 208-- X............ X
Protection. Occupant
Restraint
Frontal Impact.
FMVSS 213--Child Restraint CMVSS 213.4-- X............ X
Systems. Built-in Child
Restraint
Systems.
FMVSS 214--Side Impact CMVSS 214--Side X............ X
Protection. Door Strength.
FMVSS 222--School Bus CMVSS 222-- ............. School buses only
Passenger Seating And Crash School Bus
Protection. Passenger
Seating and
Crash
Protection.
FMVSS 225--Child restraint ............... X............ X
anchorage systems.
FMVSS 226--Ejection ............... X............ X
Mitigation.
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In accordance with 49 U.S.C. 30141(b), the October 24 notice
solicited public comments on the tentative decision. No pertinent
comments were submitted in response to the notice. Accordingly, NHTSA
is adopting the tentative decision as a final decision.

Final Decision

In consideration of the foregoing, NHTSA hereby decides that--
(a) All passenger cars manufactured on or after September 1, 2017,
and before May 1, 2018, that as originally manufactured, comply with
FMVSS Nos. 138, 201, 206, 208, 213, 214, 225, and insofar as it is
applicable with FMVSS No. 226;
(b) All passenger cars manufactured on or after May 1, 2018, and
before September 1, 2022, that as originally manufactured, comply with
FMVSS Nos. 111, 138, 201, 206, 208, 213, 214, 225, and insofar as it is
applicable, with FMVSS No. 226;
(c) 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, 2017, and before May 1, 2018, that as originally manufactured,
comply with FMVSS Nos. 138, 201, 206, 208, 213, and 214, and insofar as
they are applicable, with FMVSS Nos. 222, 225, and, 226;
(d) All multipurpose passenger vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after May 1,
2018, and before September 1, 2022, that as originally manufactured,
comply with FMVSS Nos. 111, 138, 201, 206, 208, 213, and 214, and
insofar as they are applicable, with FMVSS Nos. 222, 225, and 226; and
(e) All multipurpose passenger vehicles, trucks, and buses with a
GVWR greater than 4,536 kg (10,000 lb) manufactured on or after August
1, 2019, and before September 1, 2022, that as originally manufactured,
comply with FMVSS No. 136 insofar as it is applicable; that are
certified by their original manufacturer as complying with all
applicable CMVSS, 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

In order to import a vehicle made admissible under any final
decision, the importer must indicate to U.S. Customs and Border
Protection that the vehicle has been determined eligible for
importation. This is done by indicating the eligibility number,
published under that final decision, on DOT declaration form HS-7.
Vehicle Eligibility Number VSA-80 is currently assigned to Canadian-
certified passenger cars, Vehicle Eligibility Number VSA-81 is
currently assigned to Canadian-certified

[[Page 418]]

multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536
kg (10,000 lb) or less, and Vehicle Eligibility Number VSA-82 is
currently assigned to Canadian-certified multipurpose passenger
vehicles, trucks, and buses with a GVWR greater than 4,536 kg (10,000
lb). All passenger cars admissible under this decision will be assigned
Vehicle Eligibility Number VSA-80, all multipurpose passenger vehicles,
trucks, and buses with a GVWR of less than 4,536 kg (10,000 lb)
admissible under this decision will be assigned Vehicle Eligibility
Number VSA-81, and all multipurpose passenger vehicles, trucks, and
buses with a GVWR greater than 4,536 kg (10,000 lb) admissible under
this decision will be assigned Vehicle Eligibility Number VSA-82.

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.

Heidi R. King,
Deputy Administrator.
[FR Doc. 2017-28391 Filed 1-2-18; 8:45 am]
BILLING CODE 4910-59-P