82_FR_49464 82 FR 49260 - Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation

82 FR 49260 - Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49260-49263
FR Document2017-22693

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.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49260-49263]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                    49260                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                    but the FHWA remains responsible for                    altered to comply with, all U.S. safety               be viewed by anyone at the address and
                                                    the consultation.                                       standards.                                            times given above. The documents may
                                                       This assignment includes transfer to                 DATES:  You should submit your                        also be viewed on the Internet at https://
                                                    the State of Arizona the obligation to                  comments early enough to ensure that                  www.regulations.gov by following the
                                                    fulfill the assigned environmental                      the docket receives them not later than               online instructions for accessing the
                                                    responsibilities on any proposed                        November 8, 2017.                                     dockets. The docket identification
                                                    projects meeting the criteria in                                                                              number for this petition is shown in the
                                                                                                            ADDRESSES: Interested persons are
                                                    Stipulation I(B) of the MOU that were                                                                         heading of this notice.
                                                                                                            invited to submit written data, views,
                                                    determined to be CEs prior to the                                                                               DOT’s complete Privacy Act
                                                                                                            and arguments on this petition.
                                                    effective date of the proposed MOU but                                                                        Statement is available for review in a
                                                                                                            Comments must refer to the docket and
                                                    that have not been completed as of the                                                                        Federal Register notice published on
                                                                                                            notice number cited in the title of this
                                                    effective date of the MOU.                                                                                    April 11, 2000, (65 FR 19477–78).
                                                                                                            notice and be submitted by any of the
                                                       The FHWA will consider the                                                                                 FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                            following methods:
                                                    comments submitted on the proposed                                                                            Neil Thurgood, Office of Vehicle Safety
                                                                                                              • Mail: Send comments by mail
                                                    MOU when making its decision on                                                                               Compliance, National Highway Traffic
                                                                                                            addressed to U.S. Department of
                                                    whether to execute this MOU. The                                                                              Safety Administration, 1200 New Jersey
                                                                                                            Transportation, Docket Operations,
                                                    FHWA will make the final, executed                                                                            Avenue SE., Washington, DC 20590.
                                                                                                            M–30, West Building Ground Floor,
                                                    MOU publicly available. (Catalog of                                                                           Telephone: (202) 366–0712.
                                                                                                            Room W12–140, 1200 New Jersey
                                                    Federal Domestic Assistance Program                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                            Avenue SE., Washington, DC 20590.
                                                    Number 20.205, Highway Planning and                       • Hand Delivery: Deliver comments
                                                    Construction. The regulations                                                                                 Background
                                                                                                            by hand to U.S. Department of
                                                    implementing Executive Order 12372                      Transportation, Docket Operations,                       Under 49 U.S.C. 30141(a)(1)(A), a
                                                    regarding intergovernmental                             M–30, West Building Ground Floor,                     motor vehicle that was not originally
                                                    consultation on Federal programs and                    Room W12–140, 1200 New Jersey                         manufactured to conform to all
                                                    activities apply to this program.)                      Avenue SE., Washington, DC 20590.                     applicable FMVSS shall be refused
                                                      Authority: 23 U.S.C. 326; 42 U.S.C. 4331,             The Docket Section is open on                         admission into the United States unless
                                                    4332; 23 CFR 771.117; 40 CFR 1507.3,                    weekdays from 10 a.m. to 5 p.m. except                NHTSA has decided, either pursuant to
                                                    1508.4.                                                 Federal Holidays.                                     a petition from the manufacturer or
                                                      Issued on: October 18, 2017.                            • Electronically: Submit comments                   registered importer or on its own
                                                    Karla S. Petty,                                         electronically by logging onto the                    initiative, (1) that the nonconforming
                                                    Division Administrator.                                 Federal Docket Management System                      motor vehicle is substantially similar to
                                                    [FR Doc. 2017–23011 Filed 10–23–17; 8:45 am]            (FDMS) Web site at https://                           a motor vehicle of the same model year
                                                                                                            www.regulations.gov/. Follow the online               that was originally manufactured for
                                                    BILLING CODE 4910–22–P
                                                                                                            instructions for submitting comments.                 importation into and sale in the United
                                                                                                               • Comments may also be faxed to                    States and certified by its manufacturer
                                                    DEPARTMENT OF TRANSPORTATION                            (202) 493–2251.                                       as complying with all applicable
                                                                                                               Comments must be written in the                    FMVSS, and (2) that the nonconforming
                                                    National Highway Traffic Safety                         English language, and be no greater than              motor vehicle is capable of being readily
                                                    Administration                                          15 pages in length, although there is no              altered to conform to all applicable
                                                                                                            limit to the length of necessary                      FMVSS. Where there is no substantially
                                                    [Docket No. NHTSA–2017–0062]
                                                                                                            attachments to the comments. If                       similar U.S.-certified motor vehicle, 49
                                                    Tentative Decision That Certain                         comments are submitted in hard copy                   U.S.C. 30141(a)(1)(B) permits a
                                                    Canadian-Certified Vehicles Are                         form, please ensure that two copies are               nonconforming motor vehicle to be
                                                    Eligible for Importation                                provided. If you wish to receive                      admitted into the United States if
                                                                                                            confirmation that comments you have                   NHTSA decides that its safety features
                                                    AGENCY:  National Highway Traffic                       submitted by mail were received, please               comply with, or are capable of being
                                                    Safety Administration (NHTSA),                          enclose a stamped, self-addressed                     altered to comply with, all applicable
                                                    Department of Transportation.                           postcard with the comments. Note that                 FMVSS based on destructive test data or
                                                    ACTION: Request for comments.                           all comments received will be posted                  such other evidence as NHTSA decides
                                                                                                            without change to https://                            to be adequate.
                                                    SUMMARY:   This notice requests                         www.regulations.gov, including any
                                                    comments on a tentative decision by                                                                           Most Recent Decision
                                                                                                            personal information provided.
                                                    NHTSA that certain vehicles that do not                    All comments and supporting                           On November 26, 2012, NHTSA
                                                    comply with all applicable Federal                      materials received before the close of                published a notice in the Federal
                                                    motor vehicle safety standards                          business on the closing date indicated                Register announcing that it had made a
                                                    (FMVSS), but that are certified by their                above will be filed in the docket and                 final decision on its own initiative that
                                                    original manufacturer as complying                      will be considered. All comments and                  certain motor vehicles that are certified
                                                    with all applicable Canadian motor                      supporting materials received after the               by their original manufacturer as
                                                    vehicle safety standards (CMVSS), are                   closing date will also be filed and will              complying with all applicable CMVSS
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    nevertheless eligible for importation                   be considered to the fullest extent                   are eligible for importation into the
                                                    into the United States. The vehicles in                 possible.                                             United States (77 FR 70538). The notice
                                                    question either are substantially similar                  Notice of the final decision will also             identified these vehicles as:
                                                    to vehicles that were certified by their                be published in the Federal Register                     (a) All passenger cars manufactured
                                                    manufacturers as complying with the                     pursuant to the authority indicated at                on or after September 1, 2009, and
                                                    U.S. safety standards and are capable of                the end of this notice.                               before September 1, 2010, that, as
                                                    being readily altered to conform to those                  All comments, background                           originally manufactured, comply with
                                                    standards, or have safety features that                 documentation, and supporting                         FMVSS Nos. 118, 138, 201, 202a, 206,
                                                    comply with, or are capable of being                    materials submitted to the docket may                 208, 213, 214, 225, and 401;


                                               VerDate Sep<11>2014   17:47 Oct 23, 2017   Jkt 244001   PO 00000   Frm 00089   Fmt 4703   Sfmt 4703   E:\FR\FM\24OCN1.SGM   24OCN1


                                                                                       Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                                        49261

                                                       (b) All passenger cars manufactured                              Additional Actions By the United States                     required for passenger cars,
                                                    on or after September 1, 2010, and                                  and Canada Since the Prior Eligibility                      multipurpose passenger vehicles, and
                                                    before September 1, 2011, that, as                                  Decision                                                    trucks and buses with a gross vehicle
                                                    originally manufactured, comply with                                   On January 19, 2011, NHTSA                               weight of less than 4536 kg (10,000 lb)
                                                    FMVSS Nos. 118, 138, 201, 202a, 206,                                published a final rule to establish                         starting May 1, 2018. The agency has
                                                    208, 213, 214, and 225;                                             FMVSS No. 226 Ejection Mitigation to                        therefore tentatively decided to limit the
                                                       (c) All passenger cars manufactured                              mitigate occupant ejection from side                        import eligibility of such vehicles
                                                    on or after September 1, 2011 and before                            windows in rollovers and side impacts                       manufactured on or after May 1, 2018,
                                                    September 1, 2017, that, as originally                              (76 FR 3212). This final rule becomes                       to those that were originally
                                                    manufactured, comply with FMVSS                                     effective September 1, 2017, except for                     manufactured to comply with the
                                                    Nos. 138, 201, 206, 208, 213, 214, and                              altered and multistage vehicles for                         standard.
                                                    225;                                                                which it will be effective September 1,                        On June 23, 2015, NHTSA published
                                                       (d) All multipurpose passenger                                   2018. As Canada has yet to adopt or                         a final rule to adopt FMVSS No. 136
                                                    vehicles, trucks, and buses with a gross                            fully align the requirements of its                         Electronic Stability Control Systems for
                                                    vehicle weight rating (GVWR) of 4,536                               regulations with those of FMVSS No.                         Heavy Vehicles (80 FR 36050), which
                                                    kg (10,000 lb) or less manufactured on                              226, the agency has tentatively decided                     establishes requirements for electronic
                                                    or after September 1, 2011, and before                              to limit the import eligibility of                          stability control systems in trucks and
                                                    September 1, 2012, that, as originally                              passenger cars, multipurpose passenger                      certain buses with a GVWR greater than
                                                    manufactured, comply with FMVSS                                     vehicles, and trucks and buses with a                       11,793 kilograms (26,000 lb). This final
                                                    Nos. 201, 202a, 206, 208, 213, 214, and                             GVWR of 4536 kg (10,000 lb) or less,                        rule will apply to all such vehicles
                                                    216, and insofar as they are applicable,                            excepting vehicles manufactured in                          manufactured on or after August 1,
                                                    with FMVSS Nos. 138 and 225; and                                    more than one stage, manufactured on                        2019. As Canada has not yet adopted
                                                       (e) All multipurpose passenger                                   or after September 1, 2017, to those that                   this requirement, NHTSA has
                                                    vehicles, trucks, and buses with a                                  were originally manufactured to comply                      tentatively decided to limit the import
                                                    GVWR of 4,536 kg (10,000 lb) or less                                with FMVSS 226. Eligibility for subject                     eligibility of trucks and buses with a
                                                    manufactured on or after September 1,                               vehicles that are altered (within the                       GVWR greater than 11,793 kg (26,000 lb)
                                                    2012, and before September 1, 2017,                                 meaning of 49 CFR 567.7) or                                 manufactured on or after August 1,
                                                    that, as originally manufactured, comply                            manufactured in two or more stages on                       2019, to those that were originally
                                                    with FMVSS Nos. 201, 206, 208, 213,                                 or after September 1, 2018, will be                         manufactured to comply with FMVSS
                                                    214, and 216, and insofar as they are                               limited to vehicles manufactured to                         No. 136.
                                                    applicable, with FMVSS Nos. 138, 222,                               comply with FMVSS No. 226.                                     Canada has yet to adopt or fully align
                                                    and 225.                                                               On April 7, 2014, NHTSA published                        the requirements of its regulations with
                                                       In the notice of tentative decision that                         a final rule that amended FMVSS No.                         those of FMVSS Nos. 138 Tire Pressure
                                                    preceded the final decision, the agency                             111 Rear Visibility to reduce the risk of                   Monitoring Systems, 201 Occupant
                                                    explained that the identified standards                             backover crashes involving vulnerable                       Protection in Interior Impact, 208
                                                    incorporated requirements that were not                             populations (including very young                           Occupant Crash Protection, 213 Child
                                                    adopted, in whole or in part, by Canada                             children) and to satisfy the mandate of                     Restraint Systems, 214 Side Impact
                                                    (77 FR 57641; September 18, 2012). The                              the Cameron Gulbransen Kids                                 Protection, and 225 Child Restraint
                                                    notice proposed limiting the import                                 Transportation Safety Act of 2007 (79                       Anchorage Systems.
                                                    eligibility decision to vehicles                                    FR 19178). The amended rule specifies                          The tables below summarize the
                                                    manufactured before September 1, 2017,                              an area behind the vehicle which must                       current state of harmonization between
                                                    so that the agency could assess, prior to                           be visible to the driver when the vehicle                   the CMVSS and the FMVSS. Table 1 is
                                                    that date, whether any other                                        is placed into reverse and establishes                      a list of all FMVSS that are harmonized
                                                    requirements were added to the FMVSS                                other related performance requirements.                     to the CMVSS, or for which the
                                                    that Canada chose not to adopt. This                                Owing to this final rule, the U.S. and                      differences are such that compliance
                                                    limitation was included in the final                                Canadian versions of Standard No. 111                       with the U.S. standard can be readily
                                                    eligibility decision published on                                   are no longer harmonized. Full                              achieved. Table 2 is a list of all FMVSS
                                                    November 26, 2012.                                                  compliance with this standard will be                       that are not harmonized.

                                                                                                                          TABLE 1—HARMONIZED STANDARDS
                                                                                           U.S. standard                                                                             Canadian equivalent
                                                                                             (FMVSS)                                                                                     (CMVSS)

                                                    102—Transmission Shift Position Sequence, Starter Interlock, and                                      CMVSS 102—Transmission Control Functions.
                                                      Transmission Braking Effect.
                                                    103—Windshield Defrosting and Defogging Systems .............................                         CMVSS       103—Windshield Defrost and Defog.
                                                    104—Windshield Wiping and Washing Systems .....................................                       CMVSS       104—Windshield Wiping and Wash.
                                                    105—Hydraulic and Electric Brake Systems ...........................................                  CMVSS       105—Hydraulic and Electric Brakes; TSD 105.
                                                    106—Brake Hoses ...................................................................................   CMVSS       106—Brake Hoses; TSD 106.
                                                    108—Lamps, Reflective Devices and Associated Equipment .................                              CMVSS       108—Lighting Systems and Retroreflective Devices; TSD 108.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    110—Tire Selection and Rims for Motor Vehicles with a GVWR of                                         CMVSS       110—Tire Selection and Rims; TSD 110.
                                                      4,536 kg (10,000 lb) or Less.
                                                    113—Hood Latch Systems .......................................................................        CMVSS 113—Hood Latch System.
                                                    114—Theft Protection and Rollaway Prevention .....................................                    CMVSS 114—Locking and Immobilization; TSD 114.
                                                    116—Motor Vehicle Brake Fluids .............................................................          CMVSS 116—Hydraulic Brake Fluids; TSD 116.
                                                    118—Power-Operated Window, Partition, and Roof Panel Systems ......                                   CMVSS 118—Power-operated Windows; TSD 118.
                                                    120—Tire Selection and Rims and Motor Home/Recreation Vehicle                                         CMVSS 120—Tire Selection and Rims for Vehicles Other Than Pas-
                                                      Trailer Load Carrying Capacity Information for Motor Vehicles with a                                 senger Cars; TSD 120.
                                                      GVWR of More Than 4,536 Kilograms (10,000 pounds).



                                               VerDate Sep<11>2014       17:47 Oct 23, 2017      Jkt 244001     PO 00000      Frm 00090     Fmt 4703      Sfmt 4703    E:\FR\FM\24OCN1.SGM   24OCN1


                                                    49262                              Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                                                                               TABLE 1—HARMONIZED STANDARDS—Continued
                                                                                           U.S. standard                                                                                               Canadian equivalent
                                                                                             (FMVSS)                                                                                                       (CMVSS)

                                                    121—Air Brake Systems ..........................................................................           CMVSS         121—Air Brakes for Trucks; TSD 121.
                                                    122—Motorcycle Brake Systems .............................................................                 CMVSS         122—Motorcycle Brake Systems; TSD 122.
                                                    123—Motorcycle Controls and Displays ..................................................                    CMVSS         123—Motorcycle Control & Displays; TSD 123.
                                                    124—Accelerator Control Systems ..........................................................                 CMVSS         124—Accelerator Control Systems; TSD 124.
                                                    126—Electronic Stability Control Systems ...............................................                   CMVSS         126—Electronic Stability Control; TSD 126.
                                                    131—School Bus Pedestrian Safety Devices ..........................................                        CMVSS         131—School Bus Pedestrian Safety Devices; TSD 131.
                                                    135—Light Vehicle Brake Systems ..........................................................                 CMVSS         135—Light Vehicle Brake Systems; TSD 135.
                                                    202—Head Restraints; Applicable unless a vehicle is certified to                                           CMVSS         202—Head Restraints; TSD 202.
                                                      § 571.202a.
                                                    202a—Head Restraints ............................................................................          CMVSS         202—Head Restraints; TSD 202.
                                                    203—Impact protection for the driver from the steering control system                                      CMVSS         203—Driver Impact Protection.
                                                    204—Steering control rearward displacement .........................................                       CMVSS         204—Steering Column Rearward Displacement.
                                                    205—Glazing materials ............................................................................         CMVSS         205—Glazing Materials.
                                                    205a—Glazing materials before September 1, 2006 and glazing mate-                                          CMVSS         205—Glazing Materials.
                                                      rials 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 unless a vehicle is certified to                                     CMVSS         216—Roof Intrusion Protection; TSD 216.
                                                      § 571.216a.
                                                    216a—Roof crush resistance; Upgraded standard ..................................                           CMVSS         216—Roof Intrusion Protection; TSD 216.
                                                    217—Bus emergency exits and window retention and release ...............                                   CMVSS         217—Bus Window Retention and Emergency Exits.
                                                    219—Windshield zone intrusion ...............................................................              CMVSS         219—Windshield Zone Intrusion.
                                                    220—School bus rollover protection ........................................................                CMVSS         220—Rollover Protection; TSD 220.
                                                    221—School bus body joint strength .......................................................                 CMVSS         221—School Bus Body Joint Strength.
                                                    224—Rear impact protection ....................................................................            CMVSS         223—Rear Impact Guards.
                                                    301—Fuel system integrity .......................................................................          CMVSS         301—Fuel System Integrity; TSD 301.
                                                    302—Flammability of interior materials ....................................................                CMVSS         302—Flammability; TSD 302.
                                                    303—Fuel system integrity of compressed natural gas vehicles ............                                  CMVSS         301.2—CNG Fuel System Integrity.
                                                    304—Compressed natural gas fuel container integrity ............................                           CMVSS         301.2—CNG Fuel System Integrity.
                                                    305—Electric-powered vehicles: Electrolyte spillage and electrical                                         CMVSS         305—Electrolyte Spillage and Electrical Shock Protection; TSD
                                                      shock protection.                                                                                         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,
                                                                      U.S. standard                                             Canadian standard                                      Passenger                and buses with a GVWR of 4,536 Kg
                                                                        (FMVSS)                                                     (CMVSS)                                              cars                             (10,000 lb) or less

                                                    FMVSS 101—Controls and Displays ......                     CMVSS 101—Controls and Displays ......                                          X                                 X
                                                    FMVSS 111—Rear Visibility ....................             CMVSS 111—Mirrors ..............................                                X                                 X
                                                    FMVSS 136—Electronic Stability Control                     ..................................................................   ........................   Trucks/buses with GVWR greater than
                                                     Systems for Heavy Vehicles.                                                                                                                                 11,793 Kg (26,000 lb) only.
                                                    FMVSS 138—Tire Pressure Monitoring                         ..................................................................             X                                  X
                                                     Systems.
                                                    FMVSS 201—Occupant Protection in In-                       CMVSS 201—Occupant Protection ........                                         X                                     X
                                                     terior Impact.
                                                    FMVSS 206—Door locks and door re-                          CMVSS 206—Door Locks and Door Re-                                              X                                     X
                                                     tention components.                                          tention Components.
                                                    FMVSS 208—Occupant Crash Protec-                           CMVSS 208—Occupant Restraint Fron-                                             X                                     X
                                                     tion.                                                        tal Impact.
                                                    FMVSS 213—Child Restraint Systems ...                      CMVSS 213.4—Built-in Child Restraint                                           X                                     X
                                                                                                                  Systems.
                                                    FMVSS 214—Side Impact Protection .....                     CMVSS 214—Side Door Strength ..........                                         X                                    X
                                                    FMVSS 222—School Bus Passenger                             CMVSS 222—School Bus Passenger                                       ........................   School buses only.
                                                     Seating And Crash Protection.                                Seating and Crash Protection.
                                                    FMVSS 225—Child restraint anchorage                        ..................................................................             X                                     X
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                     systems.
                                                    FMVSS 226—Ejection Mitigation ............                 ..................................................................             X                                     X



                                                       In light of these developments,                                  passenger cars manufactured on or after                                       Nos. 138, 201, 206, 208, 213, 214, and
                                                    NHTSA has tentatively decided to                                    September 1, 2017, and before                                                 225, and insofar as they are applicable,
                                                    require, as a condition for import                                  September 1, 2022, comply, as                                                 with the updated requirements of
                                                    eligibility, that Canadian-certified                                originally manufactured, with FMVSS                                           FMVSS Nos. 111 and 226. The agency



                                               VerDate Sep<11>2014      17:47 Oct 23, 2017      Jkt 244001     PO 00000        Frm 00091        Fmt 4703       Sfmt 4703        E:\FR\FM\24OCN1.SGM             24OCN1


                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                               49263

                                                    has also tentatively decided to require,                originally manufactured, comply with                  multipurpose passenger vehicles,
                                                    as a condition for import eligibility, that             FMVSS Nos. 138, 201, 206, 208, 213,                   trucks, and buses with a GVWR of less
                                                    Canadian-certified multipurpose                         and 214, and insofar as they are                      than 4,536 kg (10,000 lb) admissible
                                                    passenger vehicles, trucks, and buses                   applicable, with FMVSS Nos. 222, 225,                 under the final decision will be assigned
                                                    with a GVWR of 4,536 kg (10,000 lb) or                  and, 226; and                                         vehicle eligibility number VSA–81, and
                                                    less manufactured on or after September                    (d) All multipurpose passenger                     all multipurpose passenger vehicles,
                                                    1, 2017, and before September 1, 2022,                  vehicles, trucks, and buses with a                    trucks, and buses with a GVWR greater
                                                    comply, as originally manufactured,                     GVWR of 4,536 kg (10,000 lb) or less                  than 4,536 kg (10,000 lb) admissible
                                                    with FMVSS Nos. 138, 201, 206, 208,                     manufactured on or after May 1, 2018,                 under the final decision will be assigned
                                                    213, and 214, and insofar as they are                   and before September 1, 2022, that as                 vehicle eligibility number VSA–82.
                                                    applicable, with FMVSS No. 225, and                     originally manufactured, comply with
                                                                                                                                                                     Authority: 49 U.S.C. 30141(a)(1)(A),
                                                    the updated requirements of FMVSS                       FMVSS Nos. 111, 138, 201, 206, 208,                   (a)(1)(B), and (b)(1); 49 CFR 593.8; delegation
                                                    Nos. 111 and 226. Finally, NHTSA has                    213, and 214, and insofar as they are                 of authority at 49 CFR 1.95.
                                                    tentatively decided to require that                     applicable, with FMVSS Nos. 222, 225,
                                                    trucks and buses with a GVWR greater                    and 226; and                                          Jack Danielson,
                                                    than 4,536 kg (10,000 lb) manufactured                     (e) All multipurpose passenger                     Acting Deputy Administrator.
                                                    on or after August 1, 2019, that are                    vehicles, trucks, and buses with a                    [FR Doc. 2017–22693 Filed 10–23–17; 8:45 am]
                                                    subject to FMVSS No. 136 to comply, as                  GVWR greater than 4,536 kg (10,000 lb)                BILLING CODE 4910–59–P
                                                    originally manufactured, with that                      manufactured on or after August 1,
                                                    standard in order to be eligible to                     2019, and before September 1, 2022,
                                                    import. Effective dates for the updated                 that as originally manufactured, comply               DEPARTMENT OF TRANSPORTATION
                                                    or newly enacted standards are outlined                 with FMVSS No. 136 insofar as it is
                                                    below.                                                  applicable; that are certified by their               National Highway Traffic Safety
                                                                                                            original manufacturer as complying                    Administration
                                                    Future Cut-Off Date                                     with all applicable CMVSS, are eligible               [Docket No. NHTSA–2016–0108; Notice 2]
                                                       To avoid the need to amend any                       for importation into the United States
                                                    existing eligibility decisions in the event             on the basis that either:                             Reflex & Allen USA, Incorporated,
                                                    that there are any further requirements                    1. They are substantially similar to               Grant of Petition for Decision of
                                                    imposed under the FMVSS that are not                    vehicles of the same make, model, and                 Inconsequential Noncompliance
                                                    carried into the corresponding CMVSS,                   model year originally manufactured for
                                                    NHTSA has tentatively decided to limit                  importation into and sale in the United               AGENCY: National Highway Traffic
                                                    its import eligibility decisions for                    States, or originally manufactured in the             Safety Administration (NHTSA),
                                                    Canadian-certified motor vehicles to                    United States for sale therein, and                   Department of Transportation (DOT).
                                                    those manufactured before September 1,                  certified as complying with all                       ACTION: Grant of petition.
                                                    2022. Prior to that date, the agency will               applicable FMVSS, and are capable of
                                                                                                            being readily altered to conform to all               SUMMARY:   Reflex & Allen USA,
                                                    assess whether there is a need to                                                                             Incorporated (RAUS), has determined
                                                    condition the import eligibility of any                 applicable FMVSS, or
                                                                                                               2. They have safety features that                  that certain Reflex & Allen air brake
                                                    subsequently manufactured Canadian-                                                                           tubing products do not fully comply
                                                    certified vehicles on compliance with                   comply with, or are capable of being
                                                                                                            altered to comply with, all applicable                with Federal Motor Vehicle Safety
                                                    any additional FMVSS. The agency                                                                              Standard (FMVSS) No. 106, Brake
                                                    intends to issue new decisions covering                 FMVSS.
                                                                                                                                                                  Hoses. RAUS filed a noncompliance
                                                    vehicles manufactured on or after                       Vehicle Eligibility Number                            information report dated September 1,
                                                    September 1, 2022, within a sufficient                                                                        2016, and amended it on September 13,
                                                    period before that date is reached.                        In order to import a vehicle made
                                                                                                            admissible under any final decision, the              2016. RAUS also petitioned NHTSA on
                                                    Tentative Decision                                      importer must indicate to U.S. Customs                September 30, 2016, for a decision that
                                                      Pending its review of any comments                    and Border Protection that the vehicle                the subject noncompliance is
                                                    submitted in response to this notice,                   has been determined eligible for                      inconsequential as it relates to motor
                                                    NHTSA hereby tentatively decides                        importation. This is done by indicating               vehicle safety.
                                                    that—                                                   the eligibility number, published under               ADDRESSES: For further information
                                                      (a) All passenger cars manufactured                   that final decision, on the U.S.                      regarding this decision please contact
                                                    on or after September 1, 2017, and                      Department of Transportation                          Leroy Angeles, Office of Vehicle Safety
                                                    before May 1, 2018, that as originally                  declaration form HS–7. Vehicle                        Compliance, the National Highway
                                                    manufactured, comply with FMVSS                         Eligibility Number VSA–80 is currently                Traffic Safety Administration (NHTSA),
                                                    Nos. 138, 201, 206, 208, 213, 214, 225,                 assigned to Canadian-certified passenger              telephone (202) 366–5304, facsimile
                                                    and insofar as it is applicable with                    cars, Vehicle Eligibility Number VSA–                 (202) 366–3081.
                                                    FMVSS No. 226; and                                      81 is currently assigned to Canadian-                 SUPPLEMENTARY INFORMATION:
                                                      (b) All passenger cars manufactured                   certified multipurpose passenger                         I. Overview: Reflex & Allen USA,
                                                    on or after May 1, 2018, and before                     vehicles, trucks, and buses with a                    Incorporated (RAUS), has determined
                                                    September 1, 2022, that as originally                   GVWR of 4,536 kg (10,000 lb) or less,                 that certain Reflex & Allen air brake
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    manufactured, comply with FMVSS                         and Vehicle Eligibility Number VSA–82                 tubing products do not fully comply
                                                    Nos. 111, 138, 201, 206, 208, 213, 214,                 is currently assigned to Canadian-                    with paragraph S7.2.1 of Federal Motor
                                                    225, and insofar as it is applicable, with              certified multipurpose passenger                      Vehicle Safety Standard (FMVSS) No.
                                                    FMVSS No. 226; and                                      vehicles, trucks, and buses with a                    106, Brake Hoses. RAUS filed a report
                                                      (c) All multipurpose passenger                        GVWR greater than 4,536 kg (10,000 lb).               dated September 1, 2016, and amended
                                                    vehicles, trucks, and buses with a                      If this tentative decision is made final,             it on September 13, 2016, pursuant to 49
                                                    GVWR of 4,536 kg (10,000 lb) or less                    all passenger cars admissible under the               CFR part 573, Defect and
                                                    manufactured on or after September 1,                   final decision will be assigned vehicle               Noncompliance Responsibility and
                                                    2017, and before May 1, 2018, that as                   eligibility number VSA–80, all                        Reports. RAUS also petitioned NHTSA


                                               VerDate Sep<11>2014   17:47 Oct 23, 2017   Jkt 244001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\24OCN1.SGM   24OCN1



Document Created: 2018-10-25 10:07:59
Document Modified: 2018-10-25 10:07:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for comments.
DatesYou should submit your comments early enough to ensure that the docket receives them not later than November 8, 2017.
ContactMr. Neil Thurgood, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-0712.
FR Citation82 FR 49260 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR