83_FR_417 83 FR 415 - Final Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation

83 FR 415 - Final Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 2 (January 3, 2018)

Page Range415-418
FR Document2017-28391

This document announces a final decision by NHTSA that certain vehicles that do not comply with all applicable Federal motor vehicle safety standards (FMVSS), but that are certified by their original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS), are nevertheless eligible for importation into the United States. The vehicles in question either (1) are substantially similar to vehicles that were certified by their manufacturers as complying with the U.S. safety standards and are capable of being readily altered to conform to those standards, or (2) have safety features that comply with, or are capable of being altered to comply with, all U.S. safety standards.

Federal Register, Volume 83 Issue 2 (Wednesday, January 3, 2018)
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 415-418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28391]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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


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

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

ACTION: Final decision.

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

SUMMARY: This document announces a final decision by NHTSA that certain 
vehicles that do not comply with all applicable Federal motor vehicle 
safety standards (FMVSS), but that are certified by their original 
manufacturer as complying with all applicable Canadian motor vehicle 
safety standards (CMVSS), are nevertheless eligible for importation 
into the United States. The vehicles in question either (1) are 
substantially similar to vehicles that were certified by their 
manufacturers as complying with the U.S. safety standards and are 
capable of being readily altered to conform to those standards, or (2) 
have safety features that comply with, or are capable of being altered 
to comply with, all U.S. safety standards.

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

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

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided, 
either pursuant to a petition from the manufacturer or registered 
importer or on its own initiative, (1) that the nonconforming motor 
vehicle is substantially similar to a motor vehicle of the same model 
year that was originally manufactured for importation into and sale in 
the United States and certified by its manufacturer as complying with 
all applicable FMVSS, and (2) that the nonconforming motor vehicle is 
capable of being readily altered to conform to all applicable FMVSS. 
Where there is no substantially similar U.S. certified motor vehicle, 
49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be 
admitted into the United States if

[[Page 416]]

NHTSA decides that its safety features comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.

Tentative Decision

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

                      Table 1--Harmonized Standards
------------------------------------------------------------------------
         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).
121--Air Brake Systems.................  CMVSS 121--Air Brakes for
                                          Trucks; TSD 121.
122--Motorcycle Brake Systems..........  CMVSS 122--Motorcycle Brake
                                          Systems; TSD 122.
123--Motorcycle Controls and Displays..  CMVSS 123--Motorcycle Control &
                                          Displays; TSD 123.
124--Accelerator Control Systems.......  CMVSS 124--Accelerator Control
                                          Systems; TSD 124.
126--Electronic Stability Control        CMVSS 126--Electronic Stability
 Systems.                                 Control; TSD 126.
131--School Bus Pedestrian Safety        CMVSS 131--School Bus
 Devices.                                 Pedestrian Safety Devices; TSD
                                          131.
135--Light Vehicle Brake Systems.......  CMVSS 135--Light Vehicle Brake
                                          Systems; TSD 135.
202--Head Restraints; Applicable unless  CMVSS 202--Head Restraints; TSD
 a vehicle is certified to Sec.           202.
 571.202a.
202a--Head Restraints..................  CMVSS 202--Head Restraints; TSD
                                          202.
203--Impact protection for the driver    CMVSS 203--Driver Impact
 from the steering control system.        Protection.
204--Steering control rearward           CMVSS 204--Steering Column
 displacement.                            Rearward Displacement.
205--Glazing materials.................  CMVSS 205--Glazing Materials.
205a--Glazing materials before           CMVSS 205--Glazing Materials.
 September 1, 2006 and glazing
 materials used in vehicles
 manufactured before November 1, 2006.
207--Seating systems...................  CMVSS 207--Anchorage of Seats.
210--Seat belt assembly anchorages.....  CMVSS 210--Seat Belt Assembly
                                          Anchorages.
212--Windshield mounting...............  CMVSS 212--Windshield Mounting.
216--Roof crush resistance; Applicable   CMVSS 216--Roof Intrusion
 unless a vehicle is certified to Sec.    Protection; TSD 216.
  571.216a.
216a--Roof crush resistance; Upgraded    CMVSS 216--Roof Intrusion
 standard.                                Protection; TSD 216.
217--Bus emergency exits and window      CMVSS 217--Bus Window Retention
 retention and release.                   and Emergency Exits.
219--Windshield zone intrusion.........  CMVSS 219--Windshield Zone
                                          Intrusion.
220--School bus rollover protection....  CMVSS 220--Rollover Protection;
                                          TSD 220.
221--School bus body joint strength....  CMVSS 221--School Bus Body
                                          Joint Strength.
224--Rear impact protection............  CMVSS 223--Rear Impact Guards.
301--Fuel system integrity.............  CMVSS 301--Fuel System
                                          Integrity; TSD 301.

[[Page 417]]

 
302--Flammability of interior materials  CMVSS 302--Flammability; TSD
                                          302.
303--Fuel system integrity of            CMVSS 301.2--CNG Fuel System
 compressed natural gas vehicles.         Integrity.
304--Compressed natural gas fuel         CMVSS 301.2--CNG Fuel System
 container integrity.                     Integrity.
305--Electric-powered vehicles:          CMVSS 305--Electrolyte Spillage
 electrolyte spillage and electrical      and Electrical Shock
 shock protection.                        Protection; TSD 305.
401--Internal trunk release............  CMVSS 401--Interior Trunk
                                          Release; TSD 401.
500--Low-speed vehicles................  CMVSS 500--Low-speed Vehicles;
                                          TSD 500.
------------------------------------------------------------------------


                                Table 2--Standards That Have Not Been Harmonized
                                           [X denotes ``applicable'']
----------------------------------------------------------------------------------------------------------------
                                  Canadian
    U.S. standard (FMVSS)         standard       Passenger    Multipurpose passenger vehicles, trucks, and buses
                                  (CMVSS)           cars          with a GVWR of 4,536 Kg (10,000 Lb) or less
----------------------------------------------------------------------------------------------------------------
FMVSS 101--Controls and       CMVSS 101--      X............  X
 Displays.                     Controls and
                               Displays.
FMVSS 111--Rear Visibility..  CMVSS 111--      X............  X
                               Mirrors.
FMVSS 136--Electronic         ...............  .............  Trucks/buses with GVWR greater than 11,793 Kg
 Stability Control Systems                                     (26,000 lb) only
 for Heavy Vehicles.
FMVSS 138--Tire Pressure      ...............  X............  X
 Monitoring Systems.
FMVSS 201--Occupant           CMVSS 201--      X............  X
 Protection in Interior        Occupant
 Impact.                       Protection.
FMVSS 206--Door locks and     CMVSS 206--Door  X............  X
 door retention components.    Locks and Door
                               Retention
                               Components.
FMVSS 208--Occupant Crash     CMVSS 208--      X............  X
 Protection.                   Occupant
                               Restraint
                               Frontal Impact.
FMVSS 213--Child Restraint    CMVSS 213.4--    X............  X
 Systems.                      Built-in Child
                               Restraint
                               Systems.
FMVSS 214--Side Impact        CMVSS 214--Side  X............  X
 Protection.                   Door Strength.
FMVSS 222--School Bus         CMVSS 222--      .............  School buses only
 Passenger Seating And Crash   School Bus
 Protection.                   Passenger
                               Seating and
                               Crash
                               Protection.
FMVSS 225--Child restraint    ...............  X............  X
 anchorage systems.
FMVSS 226--Ejection           ...............  X............  X
 Mitigation.
----------------------------------------------------------------------------------------------------------------

    In accordance with 49 U.S.C. 30141(b), the October 24 notice 
solicited public comments on the tentative decision. No pertinent 
comments were submitted in response to the notice. Accordingly, NHTSA 
is adopting the tentative decision as a final decision.

Final Decision

    In consideration of the foregoing, NHTSA hereby decides that--
    (a) All passenger cars manufactured on or after September 1, 2017, 
and before May 1, 2018, that as originally manufactured, comply with 
FMVSS Nos. 138, 201, 206, 208, 213, 214, 225, and insofar as it is 
applicable with FMVSS No. 226;
    (b) All passenger cars manufactured on or after May 1, 2018, and 
before September 1, 2022, that as originally manufactured, comply with 
FMVSS Nos. 111, 138, 201, 206, 208, 213, 214, 225, and insofar as it is 
applicable, with FMVSS No. 226;
    (c) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2017, and before May 1, 2018, that as originally manufactured, 
comply with FMVSS Nos. 138, 201, 206, 208, 213, and 214, and insofar as 
they are applicable, with FMVSS Nos. 222, 225, and, 226;
    (d) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after May 1, 
2018, and before September 1, 2022, that as originally manufactured, 
comply with FMVSS Nos. 111, 138, 201, 206, 208, 213, and 214, and 
insofar as they are applicable, with FMVSS Nos. 222, 225, and 226; and
    (e) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR greater than 4,536 kg (10,000 lb) manufactured on or after August 
1, 2019, and before September 1, 2022, that as originally manufactured, 
comply with FMVSS No. 136 insofar as it is applicable; that are 
certified by their original manufacturer as complying with all 
applicable CMVSS, are eligible for importation into the United States 
on the basis that either:
    1. They are substantially similar to vehicles of the same make, 
model, and model year originally manufactured for importation into and 
sale in the United States, or originally manufactured in the United 
States for sale therein, and certified as complying with all applicable 
FMVSS, and are capable of being readily altered to conform to all 
applicable FMVSS, or
    2. They have safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS.

Vehicle Eligibility Number

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

[[Page 418]]

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

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.8; delegation of authority at 49 CFR 1.95.

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



                                                                             Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices                                              415

                                                telephone: (717) 238–0423, ext. 1312;                   Creek), Ward Township, Tioga County,                   DEPARTMENT OF TRANSPORTATION
                                                fax: (717) 238–2436. Information                        Pa. Application for renewal of surface
                                                concerning the applications for these                   water withdrawal of up to 0.999 mgd                    National Highway Traffic Safety
                                                projects is available at the SRBC Water                 (Docket No. 20140314).                                 Administration
                                                Application and Approval Viewer at                        9. Project Sponsor and Facility:                     [Docket No. NHTSA–2017–0062; Notice 2]
                                                http://mdw.srbc.net/waav. Additional                    Seneca Resources Corporation (Arnot
                                                supporting documents are available to                                                                          Final Decision That Certain Canadian-
                                                                                                        No. 5 Mine Discharge), Bloss Township,
                                                inspect and copy in accordance with the                                                                        Certified Vehicles Are Eligible for
                                                                                                        Tioga County, Pa. Application for
                                                Commission’s Access to Records Policy                                                                          Importation
                                                                                                        renewal of surface water withdrawal of
                                                at www.srbc.net/pubinfo/docs/2009-02_
                                                Access_to_Records_Policy_                               up to 0.499 mgd (peak day) (Docket No.                 AGENCY:  National Highway Traffic
                                                20140115.pdf.                                           20140311).                                             Safety Administration (NHTSA), U.S.
                                                                                                          10. Project Sponsor and Facility:                    Department of Transportation (DOT).
                                                SUPPLEMENTARY INFORMATION:    The
                                                public hearing will cover the following                 SWEPI LP (Susquehanna River),                          ACTION: Final decision.
                                                projects:                                               Sheshequin Township, Bradford
                                                                                                        County, Pa. Application for renewal of                 SUMMARY:   This document announces a
                                                Projects Scheduled for Action                           surface water withdrawal of up to 0.850                final decision by NHTSA that certain
                                                                                                        mgd (peak day) (Docket No. 20140312).                  vehicles that do not comply with all
                                                  1. Project Sponsor and Facility:                                                                             applicable Federal motor vehicle safety
                                                Brymac, Inc. dba Mountain View                            11. Project Sponsor and Facility: SWN                standards (FMVSS), but that are
                                                Country Club (Pond 3⁄4), Harris                         Production Company, LLC                                certified by their original manufacturer
                                                Township, Centre County, Pa.                            (Susquehanna River), Great Bend                        as complying with all applicable
                                                Application for surface water                           Township, Susquehanna County, Pa.                      Canadian motor vehicle safety standards
                                                withdrawal of up to 0.240 mgd (peak                     Application for renewal of surface water               (CMVSS), are nevertheless eligible for
                                                day).                                                   withdrawal of up to 2.500 mgd (peak                    importation into the United States. The
                                                  2. Project Sponsor and Facility: Cabot                day) (Docket No. 20140302).                            vehicles in question either (1) are
                                                Oil & Gas Corporation (East Branch                                                                             substantially similar to vehicles that
                                                Tunkhannock Creek), Lenox Township,                       12. Project Sponsor and Facility: XTO
                                                                                                        Energy Inc. (Little Muncy Creek),                      were certified by their manufacturers as
                                                Susquehanna County, Pa. Application                                                                            complying with the U.S. safety
                                                for surface water withdrawal of up to                   Moreland Township, Lycoming County,
                                                                                                        Pa. Application for renewal of surface                 standards and are capable of being
                                                1.000 mgd (peak day).                                                                                          readily altered to conform to those
                                                  3. Project Sponsor and Facility:                      water withdrawal of up to 0.249 mgd
                                                                                                        (peak day) (Docket No. 20140315).                      standards, or (2) have safety features
                                                Dillsburg Area Authority, Franklin                                                                             that comply with, or are capable of
                                                Township, York County, Pa.                              Opportunity To Appear and Comment                      being altered to comply with, all U.S.
                                                Modification to increase groundwater                                                                           safety standards.
                                                withdrawal by an additional 0.099 mgd                      Interested parties may appear at the
                                                (30-day average), for a total groundwater                                                                      DATE: This decision is applicable on
                                                                                                        hearing to offer comments to the
                                                withdrawal of up to 0.200 mgd (30-day                                                                          January 3, 2018.
                                                                                                        Commission on any project listed above.
                                                average) from Well 3 (Docket No.                        The presiding officer reserves the right               FOR FURTHER INFORMATION CONTACT: Mr.
                                                20081207).                                              to limit oral statements in the interest of            Neil Thurgood, Office of Vehicle Safety
                                                  4. Project Sponsor and Facility:                      time and to otherwise control the course               Compliance, NHTSA, 1200 New Jersey
                                                Lycoming Engines, a Division of Avco                    of the hearing. Guidelines for the public              Avenue SE, Washington, DC 20590.
                                                Corporation, City of Williamsport,                      hearing will be posted on the                          Telephone: (202) 366–0712.
                                                Lycoming County, Pa. Application for                    Commission’s website, www.srbc.net,                    SUPPLEMENTARY INFORMATION:
                                                renewal of groundwater withdrawal of                    prior to the hearing for review. The
                                                up to 0.980 mgd (30-day average) for                                                                           Background
                                                                                                        presiding officer reserves the right to
                                                groundwater remediation system                          modify or supplement such guidelines                      Under 49 U.S.C. 30141(a)(1)(A), a
                                                (Docket No. 19880203).                                  at the hearing. Written comments on                    motor vehicle that was not originally
                                                  5. Project Sponsor: Mayapple Real                     any project listed above may also be                   manufactured to conform to all
                                                Estate Holdings. Project Facility:                      mailed to Mr. Jason Oyler, General                     applicable FMVSS shall be refused
                                                Mayapple Golf Links, South Middleton                    Counsel, Susquehanna River Basin                       admission into the United States unless
                                                Township, Cumberland County, Pa.                        Commission, 4423 North Front Street,                   NHTSA has decided, either pursuant to
                                                Application for consumptive use of up                                                                          a petition from the manufacturer or
                                                                                                        Harrisburg, Pa. 17110–1788, or
                                                to 0.200 mgd (peak day).                                                                                       registered importer or on its own
                                                                                                        submitted electronically through
                                                  6. Project Sponsor: Mayapple Real                                                                            initiative, (1) that the nonconforming
                                                                                                        www.srbc.net/pubinfo/
                                                Estate Holdings. Project Facility:                                                                             motor vehicle is substantially similar to
                                                                                                        publicparticipation.htm. Comments
                                                Mayapple Golf Links, South Middleton                                                                           a motor vehicle of the same model year
                                                                                                        mailed or electronically submitted must
                                                Township, Cumberland County, Pa.                                                                               that was originally manufactured for
                                                                                                        be received by the Commission on or                    importation into and sale in the United
                                                Application for groundwater
                                                withdrawal of up to 0.099 mgd (30-day                   before February 12, 2018, to be                        States and certified by its manufacturer
                                                average) from Well 1.                                   considered.                                            as complying with all applicable
                                                  7. Project Sponsor and Facility:                                                                             FMVSS, and (2) that the nonconforming
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          Authority: Pub. L. 91–575, 84 Stat. 1509 et
                                                Repsol Oil & Gas USA, LLC (Fall Brook),                 seq., 18 CFR parts 806, 807, and 808.                  motor vehicle is capable of being readily
                                                Ward Township, Tioga County, Pa.                          Dated: December 28, 2017.                            altered to conform to all applicable
                                                Application for renewal of surface water                                                                       FMVSS. Where there is no substantially
                                                                                                        Stephanie L. Richardson,
                                                withdrawal of up to 0.999 mgd (peak                                                                            similar U.S. certified motor vehicle, 49
                                                day) (Docket No. 20140313).                             Secretary to the Commission.                           U.S.C. 30141(a)(1)(B) permits a
                                                  8. Project Sponsor and Facility:                      [FR Doc. 2017–28426 Filed 1–2–18; 8:45 am]             nonconforming motor vehicle to be
                                                Repsol Oil & Gas USA, LLC (Fellows                      BILLING CODE 7040–01–P                                 admitted into the United States if


                                           VerDate Sep<11>2014   16:13 Jan 02, 2018   Jkt 244001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\03JAN1.SGM   03JAN1


                                                416                                 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices

                                                NHTSA decides that its safety features                                (b) All passenger cars manufactured                        applicable, with FMVSS Nos. 222, 225,
                                                comply with, or are capable of being                                on or after May 1, 2018, and before                          and 226; and
                                                altered to comply with, all applicable                              September 1, 2022, that as originally                          (e) All multipurpose passenger
                                                FMVSS based on destructive test data or                             manufactured, comply with FMVSS                              vehicles, trucks, and buses with a
                                                such other evidence as NHTSA decides                                Nos. 111, 138, 201, 206, 208, 213, 214,                      GVWR greater than 4,536 kg (10,000 lb)
                                                to be adequate.                                                     225, and insofar as it is applicable, with                   manufactured on or after August 1,
                                                                                                                    FMVSS No. 226;                                               2019, and before September 1, 2022,
                                                Tentative Decision                                                    (c) All multipurpose passenger
                                                  On October 24, 2017, NHTSA                                                                                                     that as originally manufactured, comply
                                                                                                                    vehicles, trucks, and buses with a gross
                                                published a notice in the Federal                                                                                                with FMVSS No. 136 insofar as it is
                                                                                                                    vehicle weight rating (GVWR) of 4,536
                                                Register announcing that it had made a                                                                                           applicable.
                                                                                                                    kg (10,000 lb) or less manufactured on
                                                tentative decision that certain motor                               or after September 1, 2017, and before                         The reader is referred to the October
                                                vehicles that are certified by their                                May 1, 2018, that as originally                              24 notice for a full discussion of the
                                                original manufacturer as complying                                  manufactured, comply with FMVSS                              factors leading to the tentative decision.
                                                with all applicable CMVSS are eligible                              Nos. 138, 201, 206, 208, 213, and 214,                       The notice included tables that
                                                for importation into the United States                              and insofar as they are applicable, with                     summarize the current state of
                                                (82 FR 49260). The notice identified                                FMVSS Nos. 222, 225, and, 226;                               harmonization between the CMVSS and
                                                these vehicles as:                                                    (d) All multipurpose passenger                             the FMVSS. For the convenience of the
                                                  (a) All passenger cars manufactured                               vehicles, trucks, and buses with a                           reader, those tables are set out below.
                                                on or after September 1, 2017, and                                  GVWR of 4,536 kg (10,000 lb) or less                         Table 1 is a list of all FMVSS that are
                                                before May 1, 2018, that as originally                              manufactured on or after May 1, 2018,                        harmonized to the CMVSS, or for which
                                                manufactured, comply with FMVSS                                     and before September 1, 2022, that as                        the differences are such that compliance
                                                Nos. 138, 201, 206, 208, 213, 214, 225,                             originally manufactured, comply with                         with the U.S. standard can be readily
                                                and insofar as it is applicable, with                               FMVSS Nos. 111, 138, 201, 206, 208,                          achieved. Table 2 is a list of all FMVSS
                                                FMVSS No. 226;                                                      213, and 214, and insofar as they are                        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.
                                                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).
                                                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.
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                                                  § 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.



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                                                                                   Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices                                                                                 417

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

                                                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 Inte-                       CMVSS 201—Occupant Protection ..........                                      X                                X
                                                 rior Impact.
                                                FMVSS 206—Door locks and door reten-                         CMVSS 206—Door Locks and Door Re-                                             X                                X
                                                 tion components.                                               tention Components.
                                                FMVSS 208—Occupant Crash Protection                          CMVSS 208—Occupant Restraint Frontal                                          X                                X
                                                                                                                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
                                                 systems.
                                                FMVSS 226—Ejection Mitigation ...............                ....................................................................          X                                X



                                                  In accordance with 49 U.S.C.                                     2017, and before May 1, 2018, that as                                            1. They are substantially similar to
                                                30141(b), the October 24 notice solicited                          originally manufactured, comply with                                          vehicles of the same make, model, and
                                                public comments on the tentative                                   FMVSS Nos. 138, 201, 206, 208, 213,                                           model year originally manufactured for
                                                decision. No pertinent comments were                               and 214, and insofar as they are                                              importation into and sale in the United
                                                submitted in response to the notice.                               applicable, with FMVSS Nos. 222, 225,                                         States, or originally manufactured in the
                                                Accordingly, NHTSA is adopting the                                 and, 226;                                                                     United States for sale therein, and
                                                tentative decision as a final decision.                              (d) All multipurpose passenger                                              certified as complying with all
                                                                                                                   vehicles, trucks, and buses with a                                            applicable FMVSS, and are capable of
                                                Final Decision
                                                                                                                   GVWR of 4,536 kg (10,000 lb) or less                                          being readily altered to conform to all
                                                  In consideration of the foregoing,                                                                                                             applicable FMVSS, or
                                                                                                                   manufactured on or after May 1, 2018,
                                                NHTSA hereby decides that—                                                                                                                          2. They have safety features that
                                                                                                                   and before September 1, 2022, that as
                                                  (a) All passenger cars manufactured                                                                                                            comply with, or are capable of being
                                                                                                                   originally manufactured, comply with
                                                on or after September 1, 2017, and                                                                                                               altered to comply with, all applicable
                                                                                                                   FMVSS Nos. 111, 138, 201, 206, 208,
                                                before May 1, 2018, that as originally                                                                                                           FMVSS.
                                                manufactured, comply with FMVSS                                    213, and 214, and insofar as they are
                                                Nos. 138, 201, 206, 208, 213, 214, 225,                            applicable, with FMVSS Nos. 222, 225,                                         Vehicle Eligibility Number
                                                and insofar as it is applicable with                               and 226; and                                                                    In order to import a vehicle made
                                                FMVSS No. 226;                                                       (e) All multipurpose passenger                                              admissible under any final decision, the
                                                  (b) All passenger cars manufactured                              vehicles, trucks, and buses with a                                            importer must indicate to U.S. Customs
                                                on or after May 1, 2018, and before                                GVWR greater than 4,536 kg (10,000 lb)                                        and Border Protection that the vehicle
                                                September 1, 2022, that as originally                              manufactured on or after August 1,                                            has been determined eligible for
                                                manufactured, comply with FMVSS                                    2019, and before September 1, 2022,                                           importation. This is done by indicating
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                                                Nos. 111, 138, 201, 206, 208, 213, 214,                            that as originally manufactured, comply                                       the eligibility number, published under
                                                225, and insofar as it is applicable, with                         with FMVSS No. 136 insofar as it is                                           that final decision, on DOT declaration
                                                FMVSS No. 226;                                                     applicable; that are certified by their                                       form HS–7. Vehicle Eligibility Number
                                                  (c) All multipurpose passenger                                   original manufacturer as complying                                            VSA–80 is currently assigned to
                                                vehicles, trucks, and buses with a                                 with all applicable CMVSS, are eligible                                       Canadian-certified passenger cars,
                                                GVWR of 4,536 kg (10,000 lb) or less                               for importation into the United States                                        Vehicle Eligibility Number VSA–81 is
                                                manufactured on or after September 1,                              on the basis that either:                                                     currently assigned to Canadian-certified


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                                                418                          Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices

                                                multipurpose passenger vehicles,                        DEPARTMENT OF VETERANS                                 afternoon. A sign-up sheet for 5-minute
                                                trucks, and buses with a GVWR of 4,536                  AFFAIRS                                                comments will be available at the
                                                kg (10,000 lb) or less, and Vehicle                                                                            meeting. Individuals who wish to
                                                Eligibility Number VSA–82 is currently                  VA Prevention of Fraud, Waste, and                     address the Committee may submit a 1–
                                                assigned to Canadian-certified                          Abuse Advisory Committee, Amended                      2 page summary of their comments for
                                                multipurpose passenger vehicles,                        Notice of Meeting                                      inclusion in the official meeting record.
                                                trucks, and buses with a GVWR greater                      The Department of Veterans Affairs                  Members of the public may also submit
                                                than 4,536 kg (10,000 lb). All passenger                (VA) gives notice under the Federal                    written statements for the Committee’s
                                                cars admissible under this decision will                Advisory Committee Act that the VA                     review to Tamika Barrier via email at
                                                be assigned Vehicle Eligibility Number                  Prevention of Fraud, Waste, and Abuse                  Tamika.Barrier@va.gov.
                                                VSA–80, all multipurpose passenger                      Advisory Committee will meet January                      Because the meeting will take place in
                                                vehicles, trucks, and buses with a                      18, 2018 at 301 7th St. SW, Conferenece                a Federal building, visitors will be
                                                GVWR of less than 4,536 kg (10,000 lb)                  Room 2720, Washington, DC 20024,                       required to present photo identification.
                                                admissible under this decision will be                  from 8:00 a.m. until 5:00 p.m. (EST). All              Any person attending should allow an
                                                assigned Vehicle Eligibility Number                     sessions are open to the public.                       additional 30 minutes before the
                                                VSA–81, and all multipurpose                               The purpose of the Committee is to                  beginning to allow for this security
                                                passenger vehicles, trucks, and buses                   advise the Secretary, through the                      process. For interested parties who
                                                                                                        Assistant Secretary for Management and                 cannot attend in person, there is a toll-
                                                with a GVWR greater than 4,536 kg
                                                                                                        Chief Financial Officers, on matters                   free telephone number (800) 767–1750;
                                                (10,000 lb) admissible under this                       relating to improving and enhancing
                                                decision will be assigned Vehicle                                                                              access code 03905#.
                                                                                                        VA’s efforts to identify, prevent, and
                                                Eligibility Number VSA–82.                                                                                        Note: The telephone line will be muted
                                                                                                        mitigate fraud, waste, and abuse across
                                                                                                                                                               until the Committee Chairman opens the
                                                   Authority: 49 U.S.C. 30141(a)(1)(A),                 VA in order to improve the integrity of
                                                                                                                                                               floor for public comment. Any member of the
                                                (a)(1)(B), and (b)(1); 49 CFR 593.8; delegation         VA’s payments and the efficiency of its
                                                                                                                                                               public seeking additional information should
                                                of authority at 49 CFR 1.95.                            programs and activities.
                                                                                                                                                               contact Tamika Barrier, Designated Federal
                                                                                                           The agenda will include detailed
                                                Heidi R. King,                                                                                                 Officer, at (757) 254–8630.
                                                                                                        discussions of VA’s community care
                                                Deputy Administrator.                                   programs, legislative changes proposed                   Dated: December 28, 2017.
                                                [FR Doc. 2017–28391 Filed 1–2–18; 8:45 am]              for community care, operational
                                                                                                                                                               Jelessa M. Burney,
                                                BILLING CODE 4910–59–P                                  changes proposed for community care,
                                                                                                        OIG findings in the community care,                    Federal Advisory Committee Management
                                                                                                        and a working group report.                            Officer.
                                                                                                           The meeting will include time                       [FR Doc. 2017–28377 Filed 1–2–18; 8:45 am]
                                                                                                        reserved for public comments in the                    BILLING CODE P
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Document Created: 2018-10-26 09:28:40
Document Modified: 2018-10-26 09:28:40
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
ActionFinal decision.
DatesThis decision is applicable on January 3, 2018.
ContactMr. Neil Thurgood, Office of Vehicle Safety Compliance, NHTSA, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: (202) 366-0712.
FR Citation83 FR 415 

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