Final Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation, 70538-70541 [2012-28626]
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70538
Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
mstockstill on DSK4VPTVN1PROD with NOTICES
Exemption Decision
This notice addresses 16 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
16 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Charlene F. Brown (KS)
Nathan A. Buckles (IN)
Dale H. Dattler (NY)
Paul A. Giarrusso (FL)
Benjamin P. Hall (NY)
John N. Lanning (CA)
Bruce J. Lewis (RI)
John L. Lolley (AL)
Charles M. McDaris (GA)
Tommy L. McKnight (OH)
Calvin J. Schaap (MN)
Frederick C. Schultz, Jr. (NY)
Steve C. Sinclair (IA)
Eugene J. Smith (WI)
Charles R. Sylvester (NC)
Daniel M. Veselitza (NV)
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirements in
49 CFR 391.41(b)(10), and (b) by a
medical examiner who attests that the
individual is otherwise physically
qualified under 49 CFR 391.41; (2) that
each individual provides a copy of the
ophthalmologist’s or optometrist’s
report to the medical examiner at the
time of the annual medical examination;
and (3) that each individual provide a
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copy of the annual medical certification
to the employer for retention in the
driver’s qualification file and retains a
copy of the certification on his/her
person while driving for presentation to
a duly authorized Federal, State, or local
enforcement official. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) The
person fails to comply with the terms
and conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 16 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (73 FR 35194; 73 FR
38497; 73 FR 48271; 73 FR 48273; 73 FR
61922; 73 FR 74563; 75 FR 34209; 75 FR
47886; 75 FR 65057; 75 FR 77590; 75 FR
79081). Each of these 16 applicants has
requested renewal of the exemption and
has submitted evidence showing that
the vision in the better eye continues to
meet the requirement specified at 49
CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption
requirements.
These factors provide an adequate
basis for predicting each driver’s ability
to continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
Request for Comments
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Fmt 4703
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Issued on: November 14, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–28582 Filed 11–23–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0119; Notice 2]
Final Decision That Certain CanadianCertified Vehicles Are Eligible for
Importation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final decision that certain
nonconforming vehicles are eligible for
importation.
AGENCY:
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by December
26, 2012.
PO 00000
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 16
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
This document announces a
final decision by the National Highway
Traffic Safety Administration (NHTSA)
that certain vehicles that do not comply
with all applicable Federal motor
SUMMARY:
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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
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.
DATES: This decision is effective on
November 26, 2012.
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.
Tentative Decision
On September 18, 2012, NHTSA
published a notice in the Federal
Register announcing that it had made a
tentative decision that certain motor
vehicles that are not certified by their
original manufacturer as complying
with all applicable FMVSS, but that are
certified as complying with all
applicable CMVSS are eligible for
importation into the United States (77
FR 57641). The notice identified these
vehicles as:
(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.
The notice stated that the agency also
tentatively decided to revise its prior
import eligibility decisions to eliminate
references to the following standards
that have been harmonized to their
Canadian counterparts for the vehicles
identified below:
70539
• 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.
The reader is referred to the
September 18 notice for a full
discussion of the factors leading to the
tentative decision. The notice of
tentative decision 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
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 2 has been revised
from the version provided in the notice
of tentative decision to show that
FMVSS 225 Child Restraint Anchorage
Systems has two Canadian equivalents,
CMVSS 210.1 Tether Anchorage and
CMVSS 210.2 Lower Anchorage.
TABLE 1—HARMONIZED STANDARDS
Date harmonized
since last
determination
Canadian equivalent
102—Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect.
103—Windshield Defrosting and Defogging Systems ...........
104—Windshield Wiping and Washing Systems ...................
105—Hydraulic and Electric Brake Systems .........................
106—Brake Hoses .................................................................
108—Lamps, Reflective Devices and Associated Equipment
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FMVSS
CMVSS 102—Transmission Control Functions ...................
110—Tire Selection and Rims for Motor Vehicles with a
GVWR of 4,536 kg (10,000) lb) or Less.
111—Rearview Mirrors ..........................................................
113—Hood Latch Systems ....................................................
114—Theft Protection and Rollaway Prevention ...................
116—Motor Vehicle Brake Fluids ..........................................
118—Power-Operated Window, Partition, and Roof Panel
Systems.
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16:24 Nov 23, 2012
Jkt 229001
PO 00000
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
vices;
CMVSS
103—Windshield Defrost and Defog ......................
104—Windshield Wiping and Wash .......................
105—Hydraulic and Electric Brakes; TSD 105 ......
106—Brake Hoses; TSD 106 .................................
108—Lighting Systems and Retroreflective DeTSD 108.
110—Tire Selection and Rims; TSD 110 ...............
September 1, 2009.
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
111—Mirrors ...........................................................
113—Hood Latch System ......................................
114—Locking and Immobilization; TSD 114 ..........
116—Hydraulic Brake Fluids; TSD 116 .................
118—Power-operated Windows; TSD 118 ............
September 1, 2011.
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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
TABLE 1—HARMONIZED STANDARDS—Continued
Date harmonized
since last
determination
FMVSS
Canadian equivalent
120—Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for
Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 pounds).
121—Air Brake Systems ........................................................
122—Motorcycle Brake Systems ...........................................
123—Motorcycle Controls and Displays ................................
124—Accelerator Control Systems ........................................
126—Electronic Stability Control Systems ............................
131—School Bus Pedestrian Safety Devices ........................
CMVSS 120—Tire Selection and Rims for Vehicles Other
Than Passenger Cars; TSD 120.
135—Light Vehicle Brake Systems .......................................
202—Head Restraints; Applicable unless a vehicle is certified to § 571.202a.
202a—Head Restraints ..........................................................
203—Impact protection for the driver from the steering control system.
204—Steering control rearward displacement .......................
205—Glazing materials ..........................................................
205a—Glazing materials before September 1, 2006 and
glazing materials used in vehicles manufactured before
November 1, 2006.
207—Seating systems ...........................................................
210—Seat belt assembly anchorages ...................................
212—Windshield mounting ....................................................
216—Roof crush resistance; Applicable unless a vehicle is
certified to § 571.216a.
216a—Roof crush resistance; Upgraded standard ...............
217—Bus emergency exits and window retention and release.
219—Windshield zone intrusion ............................................
220—School bus rollover protection ......................................
221—School bus body joint strength .....................................
224—Rear impact protection .................................................
301—Fuel system integrity ....................................................
302—Flammability of interior materials ..................................
303—Fuel system integrity of compressed natural gas vehicles.
304—Compressed natural gas fuel container integrity ..........
305—Electric-powered vehicles: electrolyte spillage and
electrical shock protection.
401—Internal trunk release ....................................................
500—Low-speed vehicles ......................................................
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
131.
CMVSS
CMVSS
121—Air Brakes for Trucks; TSD 121 ...................
122—Motorcycle Brake Systems; TSD 122 ...........
123—Motorcycle Control & Displays; TSD 123 .....
124—Accelerator Control Systems; TSD 124 ........
126—Electronic Stability Control; TSD 126 ...........
131—School Bus Pedestrian Safety Devices; TSD
September 1, 2011.
135—Light Vehicle Brake Systems; TSD 135 .......
202—Head Restraints; TSD 202 ............................
CMVSS 202—Head Restraints; TSD 202 ............................
CMVSS 203—Driver Impact Protection ...............................
September 1, 2012.
CMVSS 204—Steering Column Rearward Displacement ...
CMVSS 205—Glazing Materials ..........................................
CMVSS 205—Glazing Materials ..........................................
CMVSS
CMVSS
CMVSS
CMVSS
207—Anchorage of Seats ......................................
210—Seat Belt Assembly Anchorages ..................
212—Windshield Mounting .....................................
216—Roof Intrusion Protection; TSD 216 ..............
CMVSS
CMVSS
Exits.
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
CMVSS
216—Roof Intrusion Protection; TSD 216 ..............
217—Bus Window Retention and Emergency
219—Windshield Zone Intrusion ............................
220—Rollover Protection; TSD 220 .......................
221—School Bus Body Joint Strength ...................
223—Rear Impact Guards .....................................
301—Fuel System Integrity; TSD 301 ...................
302—Flammability; TSD 302 .................................
301.2—CNG Fuel System Integrity ........................
CMVSS 301.2—CNG Fuel System Integrity ........................
CMVSS 305—Electrolyte Spillage and Electrical Shock
Protection; TSD 305.
CMVSS 401—Interior Trunk Release; TSD 401 ..................
CMVSS 500—Low-speed Vehicles; TSD 500 .....................
September 1, 2010
TABLE 2—STANDARDS THAT HAVE NOT BEEN HARMONIZED
Multipurpose passenger vehicles, trucks,
and buses with a
GVWR of 4,536 kg
(10,000 lb) or less
Canadian standard
Passenger cars
FMVSS 101—Controls and Displays ..................
FMVSS 138—Tire Pressure Monitoring Systems
FMVSS 201—Occupant Protection in Interior
Impact.
206—Door locks and door retention components
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U.S. Standard
CMVSS 101—Controls and Displays ..................
..............................................................................
CMVSS 201—Occupant Protection ....................
X
X
X
X
X
X
CMVSS 206—Door Locks and Door Retention
Components.
CMVSS 208—Occupant Restraint Frontal Impact.
CMVSS 213.4—Built-in Child Restraint Systems
CMVSS 214—Side Door Strength ......................
CMVSS 222—School Bus Passenger Seating
and Crash Protection.
CMVSS 210.1 Tether Anchorage and 210.2
Lower Anchorage.
X
X
X
X
FMVSS 208—Occupant Crash Protection ..........
FMVSS 213—Child Restraint Systems ...............
FMVSS 214—Side Impact Protection .................
FMVSS 222—School Bus Passenger Seating
And Crash Protection.
FMVSS 225—Child restraint anchorage systems
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16:24 Nov 23, 2012
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X
X
............................
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X
X
School buses only
X
Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
70541
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 mitigate occupant
ejection from side windows in rollovers and side impacts..
9/1/17, except for altered and multistage vehicles 9/1/18.
mstockstill on DSK4VPTVN1PROD with NOTICES
In accordance with 49 U.S.C.
30141(b), the September 18 notice
solicited public comments on the
tentative decision. No comments were
submitted in response to the notice.
Accordingly, we are 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, 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;
(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
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;
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
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16:24 Nov 23, 2012
Jkt 229001
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. All passenger cars
admissible under this decision will be
assigned vehicle eligibility number
VSA–80, and all multipurpose
passenger vehicles, trucks, and buses
admissible under this decision will be
assigned vehicle eligibility number
VSA–81.
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: November 15, 2012.
Daniel C. Smith,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 2012–28626 Filed 11–23–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0160, Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming 2009
Porsche 911 (997) Passenger Cars Are
Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition.
AGENCY:
This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
SUMMARY:
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
petition for a decision that
nonconforming 2009 Porsche 911 (997)
passenger cars that were not originally
manufactured to comply with all
applicable Federal Motor Vehicle Safety
Standards (FMVSS), are eligible for
importation into the United States
because they are substantially similar to
vehicles that were originally
manufactured for sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S.-certified
version of the 2009 Porsche 911 (997)
passenger cars) and they are capable of
being readily altered to conform to the
standards.
DATES: The closing date for comments
on the petition is December 26, 2012.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://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: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: 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 your
comments 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.
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
E:\FR\FM\26NON1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70538-70541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28626]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0119; Notice 2]
Final Decision That Certain Canadian-Certified Vehicles Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final decision that certain nonconforming vehicles are eligible
for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces a final decision by the National
Highway Traffic Safety Administration (NHTSA) that certain vehicles
that do not comply with all applicable Federal motor
[[Page 70539]]
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.
DATES: This decision is effective on November 26, 2012.
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.
Tentative Decision
On September 18, 2012, NHTSA published a notice in the Federal
Register announcing that it had made a tentative decision that certain
motor vehicles that are not certified by their original manufacturer as
complying with all applicable FMVSS, but that are certified as
complying with all applicable CMVSS are eligible for importation into
the United States (77 FR 57641). The notice identified these vehicles
as:
(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.
The notice stated that the agency also tentatively decided to
revise its prior import eligibility decisions to eliminate references
to the following standards that have been harmonized to their Canadian
counterparts 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.
The reader is referred to the September 18 notice for a full
discussion of the factors leading to the tentative decision. The notice
of tentative decision 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 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 2 has been revised from the
version provided in the notice of tentative decision to show that FMVSS
225 Child Restraint Anchorage Systems has two Canadian equivalents,
CMVSS 210.1 Tether Anchorage and CMVSS 210.2 Lower Anchorage.
Table 1--Harmonized Standards
----------------------------------------------------------------------------------------------------------------
Date harmonized since last
FMVSS Canadian equivalent determination
----------------------------------------------------------------------------------------------------------------
102--Transmission Shift Position CMVSS 102--Transmission Control ....................................
Sequence, Starter Interlock, and Functions.
Transmission Braking Effect.
103--Windshield Defrosting and Defogging CMVSS 103--Windshield Defrost ....................................
Systems. and Defog.
104--Windshield Wiping and Washing CMVSS 104--Windshield Wiping and ....................................
Systems. 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 September 1, 2009.
Vehicles with a GVWR of 4,536 kg 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 70540]]
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 Motor Passenger Cars; TSD 120.
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 September 1, 2011.
Systems. Control; TSD 126.
131--School Bus Pedestrian Safety CMVSS 131--School Bus Pedestrian ....................................
Devices. 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 September 1, 2012.
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 ....................................
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 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 Spillage ....................................
electrolyte spillage and electrical and Electrical Shock
shock protection. 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,
U.S. Standard Canadian standard Passenger cars trucks, and 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 ..................... X X
Monitoring 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 CMVSS 208--Occupant X X
Protection. 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 ................. School buses only
Seating And Crash Protection. Passenger Seating
and Crash Protection.
FMVSS 225--Child restraint CMVSS 210.1 Tether X X
anchorage systems. Anchorage and 210.2
Lower Anchorage.
----------------------------------------------------------------------------------------------------------------
[[Page 70541]]
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 for
mitigate occupant altered and
ejection from side multistage
windows in vehicles 9/1/18.
rollovers and side
impacts..
----------------------------------------------------------------------------------------------------------------
In accordance with 49 U.S.C. 30141(b), the September 18 notice
solicited public comments on the tentative decision. No comments were
submitted in response to the notice. Accordingly, we are 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, 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;
(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
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;
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. All passenger cars admissible under this decision will be
assigned vehicle eligibility number VSA-80, and all multipurpose
passenger vehicles, trucks, and buses admissible under this decision
will be assigned vehicle eligibility number VSA-81.
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: November 15, 2012.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2012-28626 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-59-P
