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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

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
24 October 2017


[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49260-49263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22693]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0062]


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 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 November 8, 2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    Notice of the final decision will also be published in the Federal 
Register pursuant to the authority indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket identification number for this 
petition is shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Mr. Neil Thurgood, Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 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 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 November 26, 2012, 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 (77 FR 70538). The 
notice identified these vehicles as:
    (a) All passenger cars manufactured on or after September 1, 2009, 
and before September 1, 2010, that, as originally manufactured, comply 
with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401;

[[Page 49261]]

    (b) All passenger cars manufactured on or after September 1, 2010, 
and before September 1, 2011, that, as originally manufactured, comply 
with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, and 225;
    (c) All passenger cars manufactured on or after September 1, 2011 
and before September 1, 2017, that, as originally manufactured, comply 
with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225;
    (d) 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, 2011, and before September 1, 
2012, that, as originally manufactured, comply with FMVSS Nos. 201, 
202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, 
with FMVSS Nos. 138 and 225; and
    (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, 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.
    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 (77 FR 57641; September 18, 2012). The notice proposed 
limiting the import eligibility decision to vehicles manufactured 
before September 1, 2017, 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 November 26, 2012.

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

    On January 19, 2011, NHTSA published a final rule to establish 
FMVSS No. 226 Ejection Mitigation to mitigate occupant ejection from 
side windows in rollovers and side impacts (76 FR 3212). This final 
rule becomes effective September 1, 2017, except for altered and 
multistage vehicles for which it will be effective September 1, 2018. 
As Canada has yet to adopt or fully align the requirements of its 
regulations with those of FMVSS No. 226, the agency has tentatively 
decided to limit the import eligibility of passenger cars, multipurpose 
passenger vehicles, and trucks and buses with a GVWR of 4536 kg (10,000 
lb) or less, excepting vehicles manufactured in more than one stage, 
manufactured on or after September 1, 2017, to those that were 
originally manufactured to comply with FMVSS 226. Eligibility for 
subject vehicles that are altered (within the meaning of 49 CFR 567.7) 
or manufactured in two or more stages on or after September 1, 2018, 
will be limited to vehicles manufactured to comply with FMVSS No. 226.
    On April 7, 2014, NHTSA published a final rule that amended FMVSS 
No. 111 Rear Visibility to reduce the risk of backover crashes 
involving vulnerable populations (including very young children) and to 
satisfy the mandate of the Cameron Gulbransen Kids Transportation 
Safety Act of 2007 (79 FR 19178). The amended rule specifies an area 
behind the vehicle which must be visible to the driver when the vehicle 
is placed into reverse and establishes other related performance 
requirements. Owing to this final rule, the U.S. and Canadian versions 
of Standard No. 111 are no longer harmonized. Full compliance with this 
standard will be required for passenger cars, multipurpose passenger 
vehicles, and trucks and buses with a gross vehicle weight of less than 
4536 kg (10,000 lb) starting May 1, 2018. The agency has therefore 
tentatively decided to limit the import eligibility of such vehicles 
manufactured on or after May 1, 2018, to those that were originally 
manufactured to comply with the standard.
    On June 23, 2015, NHTSA published a final rule to adopt FMVSS No. 
136 Electronic Stability Control Systems for Heavy Vehicles (80 FR 
36050), which establishes requirements for electronic stability control 
systems in trucks and certain buses with a GVWR greater than 11,793 
kilograms (26,000 lb). This final rule will apply to all such vehicles 
manufactured on or after August 1, 2019. As Canada has not yet adopted 
this requirement, NHTSA has tentatively decided to limit the import 
eligibility of trucks and buses with a GVWR greater than 11,793 kg 
(26,000 lb) manufactured on or after August 1, 2019, to those that were 
originally manufactured to comply with FMVSS No. 136.
    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 U.S. standard can be readily achieved. Table 2 is a 
list of all FMVSS that are not harmonized.

                      Table 1--Harmonized Standards
------------------------------------------------------------------------
         U.S. standard (FMVSS)             Canadian equivalent (CMVSS)
------------------------------------------------------------------------
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).

[[Page 49262]]

 
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.
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'']
----------------------------------------------------------------------------------------------------------------
                                                                                        Multipurpose passenger
                                                                                         vehicles, trucks, and
         U.S. standard (FMVSS)            Canadian standard (CMVSS)   Passenger cars  buses with a GVWR of 4,536
                                                                                        Kg (10,000 lb) or less
----------------------------------------------------------------------------------------------------------------
FMVSS 101--Controls and Displays.......  CMVSS 101--Controls and                  X                X
                                          Displays.
FMVSS 111--Rear Visibility.............  CMVSS 111--Mirrors........               X                X
FMVSS 136--Electronic Stability Control  ..........................  ...............  Trucks/buses with GVWR
 Systems for Heavy Vehicles.                                                           greater than 11,793 Kg
                                                                                       (26,000 lb) only.
FMVSS 138--Tire Pressure Monitoring      ..........................               X                X
 Systems.
FMVSS 201--Occupant Protection in        CMVSS 201--Occupant                      X                X
 Interior Impact.                         Protection.
FMVSS 206--Door locks and door           CMVSS 206--Door Locks and                X                X
 retention components.                    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 Seating  CMVSS 222--School Bus       ...............  School buses only.
 And Crash Protection.                    Passenger Seating and
                                          Crash Protection.
FMVSS 225--Child restraint anchorage     ..........................               X                X
 systems.
FMVSS 226--Ejection Mitigation.........  ..........................               X                X
----------------------------------------------------------------------------------------------------------------

    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, 2017, and before 
September 1, 2022, comply, as originally manufactured, with FMVSS Nos. 
138, 201, 206, 208, 213, 214, and 225, and insofar as they are 
applicable, with the updated requirements of FMVSS Nos. 111 and 226. 
The agency

[[Page 49263]]

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, 2017, and before September 1, 
2022, comply, as originally manufactured, with FMVSS Nos. 138, 201, 
206, 208, 213, and 214, and insofar as they are applicable, with FMVSS 
No. 225, and the updated requirements of FMVSS Nos. 111 and 226. 
Finally, NHTSA has tentatively decided to require that trucks and buses 
with a GVWR greater than 4,536 kg (10,000 lb) manufactured on or after 
August 1, 2019, that are subject to FMVSS No. 136 to comply, as 
originally manufactured, with that standard in order to be eligible to 
import. Effective dates for the updated or newly enacted standards are 
outlined below.

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 motor vehicles to those manufactured before 
September 1, 2022. 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, 2022, 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, 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; and
    (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; and
    (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; and
    (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 the U.S. Department of 
Transportation 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 
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). If this tentative decision is made final, all passenger cars 
admissible under the final 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 the final 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 the final 
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.

Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017-22693 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-59-P

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