Notice of Tentative Decision That Certain Nonconforming Vehicles Are Eligible for Importation, 45488-45490 [E7-15829]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 156 (Tuesday, August 14, 2007)]
[Notices]
[Pages 45488-45490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15829]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28692]


Notice of Tentative Decision That Certain Nonconforming Vehicles 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on tentative decision that certain 
nonconforming vehicles are eligible for importation.

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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, but 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. 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.

DATES: The closing date for comments on this tentative decision is 
September 13, 2007.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted 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. [Docket hours are from 10 
a.m. to 5 p.m.].

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (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 Federal motor 
vehicle safety standards (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 19, 2002, NHTSA published a notice in the Federal 
Register at 67 FR 59107 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 Canadian 
motor vehicle safety standards (CMVSS) are eligible for importation 
into the United States. The notice identified these vehicles as:
    (a) All passenger cars manufactured on or after September 1, 2002 
and before September 1, 2007, that, as originally manufactured, are 
equipped with an automatic restraint system that complies with Federal 
Motor Vehicle Safety Standard (FMVSS) Nos. 208 Occupant Crash 
Protection, and that comply with FMVSS No. 201 Occupant Protection in 
Interior Impact, 214 Side Impact Protection, 225 Child Restraint 
Anchorage Systems, and 401 Internal Trunk Release; and
    (b) All multipurpose passenger vehicles, trucks and buses with a 
gross vehicle weight rating (GVWR) of 4,535 kg (10,000 lb) or less that 
were manufactured on or after September 1, 2002, and before September 
1, 2007, that, as originally manufactured, comply with FMVSS Nos. 201, 
202 Head Restraints, 208, 214, and 216 Roof Crush Resistance, and 
insofar as it is applicable, with FMVSS No. 225.
    In the notice of tentative decision that preceded the final 
decision, published on August 6, 2002 at 67 FR 50979, the agency 
explained that the identified standards incorporated requirements that 
were not adopted, in whole or in

[[Page 45489]]

part, by Canada. The notice proposed limiting the import eligibility 
decision to vehicles manufactured before September 1, 2007 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. As previously 
discussed, the final eligibility decision published on September 19, 
2002 included this limitation.

Additional Discrepancies Between U.S. and Canadian Standards

    Since the last final eligibility decision covering Canadian-
certified vehicles was issued, additional requirements have been 
proposed or added to several FMVSS that have yet to be adopted by 
Canada. Those requirements are as follows:
    FMVSS No. 110 Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or less: This standard was 
amended to include new vehicle labeling and performance requirements, 
effective September 1, 2007, that have yet to be adopted by Canada.
    FMVSS No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Paragraph S5.2(b) of the U.S. standard has an optional 
requirement for automatic reversal systems that has yet to be adopted 
by Canada. Paragraph S5.3 has a requirement for proximity detection 
using infrared reflectance that also has yet to be adopted by Canada. 
Paragraph S6 specifies requirements for actuation devices that will 
apply to vehicles manufactured on or after September 1, 2008 and that 
also have yet to be adopted by Canada.
    FMVSS No. 126 Electronic Stability Control Systems: There is no 
Canadian equivalent to this standard, which will be phased in for 
vehicles manufactured on or after September 1, 2008 and apply to 100 
percent of passenger cars and multipurpose passenger vehicles, trucks 
and buses with a gross vehicle weight rating (GVWR) of 4,535 kg (10,000 
lb) or less manufactured on or after September 1, 2011.
    FMVSS No. 138 Tire Pressure Monitoring Systems: Canada has no 
requirement for these components. By its terms, the standard does not 
apply to vehicles with dual wheels on an axle.
    FMVSS No. 202a Head Restraints: There is no Canadian equivalent to 
the requirements of this standard, which become mandatory for vehicles 
manufactured on or after September 1, 2008.
    FMVSS No. 206 Door Locks and Door Retention Components: Proposed 
revisions which, if adopted, will become effective on September 1, 
2008, may be in disharmony with the Canadian standard. Those revisions 
would add requirements relating to displacement to the test procedure 
for sliding doors, add a requirement for a secondary latch position on 
double doors, and prevent rear door locks from being released by the 
same action used to release the door.
    FMVSS No. 213 Child Restraint Systems: The U.S. standard measures 
head injury criteria in a manner that differs from that of the Canadian 
standard. The U.S. standard also prescribes a compression deflection 
test that is not found in the Canadian standard.
    In light of these discrepancies, NHTSA has tentatively decided to 
require, as a condition for import eligibility, that Canadian-certified 
passenger cars and 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, 2007 comply, as originally 
manufactured, with FMVSS Nos. 110, 118 and 213, and, insofar as it is 
applicable, with FMVSS No. 138. The agency has also tentatively decided 
to require, as a condition for import eligibility, that Canadian-
certified passenger cars and 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, 2008 comply, as originally 
manufactured, with FMVSS Nos. 110, 118, 202a, 206, 213, and, insofar as 
it is applicable, with FMVSS No. 138. We have also tentatively decided 
to require, as a condition for import eligibility, that Canadian-
certified passenger cars and 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, 2011 comply, as originally 
manufactured, with FMVSS Nos. 110, 118, 126, 202a, 206, 213, and, 
insofar as it is applicable, with FMVSS No. 138.

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, 2012. 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, 2012 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, 2007, 
and before September 1, 2008, that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 201, 208, 213, 214, 225, and 401, and, 
insofar as it is applicable, with FMVSS No. 138;
    (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, 201, 202a, 206, 208, 213, 214, 225, and 401, 
and, insofar as it is applicable, with FMVSS No. 138;
    (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, 201, 202a, 206, 208, 213, 214, 225, and 
401, and, insofar as it is applicable, with FMVSS No. 138;
    (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, 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 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, 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:

[[Page 45490]]

    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.

Comments

    Section 30141(b) of Title 49, U.S. Code requires NHTSA to provide a 
minimum period for public notice and comment on decisions made on its 
own initiative consistent with ensuring expeditious, but full 
consideration and avoiding delay by any person. NHTSA believes that a 
comment period of 30 days is appropriate for this purpose. Interested 
persons are invited to submit written comments on this tentative 
decision. Comments must refer to the docket and notice number 
identified at the beginning of this notice and be submitted by any of 
the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically by logging onto the Docket Management System Web 
site at https://dms.dot.gov. Click on ``Help'' to obtain instructions 
for filing the document electronically. Comments may be faxed to 1-202-
493-2251, or may be submitted to the Federal eRulemaking Portal. To 
access the portal, go to https://www.regulations.gov and then follow the 
online instructions for submitting comments.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered.
    Notice of NHTSA's final decision will be published in the Federal 
Register pursuant to the authority identified below.

    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 1.50.

    Issued on: August 8, 2007.
Nicole R. Nason,
Administrator.
[FR Doc. E7-15829 Filed 8-13-07; 8:45 am]
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