[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50979-50981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19842]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-12937]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

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

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

DATE: The closing date for comments on this tentative decision is 
September 5, 2002.

ADDDRESS: Comments should refer to the docket number and notice number, 
and be submitted to: Docket Management, Room PL-401, 400 Seventh St., 
SW., Washington, DC 20590. [Docket hours are from 9 am to 5 pm].

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety standards (FMVSS) shall be refused admission into the 
United States unless NHTSA has decided, either pursuant to a petition 
from the manufacturer or registered importer or on its own initiative, 
that the motor vehicle (1) 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) 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 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 May 13, 1997, NHTSA published a notice in the Federal Register 
at 62 FR 26348 announcing that it had made a decision on its own 
initiative that certain motor vehicles that do not comply with all 
applicable FMVSS, but that are certified by their original manufacturer 
as complying with all applicable Canadian motor vehicle safety 
standards (CMVSS), are eligible for importation into the United States. 
The notice identified these vehicles as:
    (a) All passenger cars manufactured on or after September 1, 1996 
and before September 1, 2002, that, as originally manufactured, are 
equipped with an automatic restraint system that complies with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, and that comply with 
FMVSS No. 214;
    (b) All multipurpose passenger vehicles, trucks and buses 
manufactured on or after September 1, 1993, and before September 1, 
1998, that, as originally manufactured, comply with FMVSS Nos. 202, 
208, and 216; and
    (c) All multipurpose passenger vehicles, trucks and buses 
manufactured on or after September 1, 1998, and before September 1, 
2002, that, as originally manufactured, comply with FMVSS Nos. 202, 
208, 214, and 216.

Existing Cut-Off Date

    In the notice of tentative decision that preceded this final 
decision, published on March 7, 1997 at 62 FR 10614, NHTSA announced 
its intention to limit all previously open-ended import eligibility 
decisions for Canadian-certified passenger cars, multipurpose passenger 
vehicles (MPVs), trucks, and buses to such vehicles manufactured before 
September 1, 2002. The agency

[[Page 50980]]

explained that it had selected that date because it is the one ``on 
which revised interior impact protection requirements that are to be 
phased in under FMVSS No. 201, Occupant Protection in Interior Impact, 
and that are not found in the corresponding CMVSS, will become 
effective for all passenger cars and for MPVs, trucks, and buses with a 
GVWR of 10,000 pounds or less.'' See 62 FR 10616. The agency stated its 
intention ``to issue new decisions covering vehicles manufactured on or 
after September 1, 2002 within a sufficient period before that date is 
reached.'' Id.

Outstanding Compliance Issues

    In addressing one of the comments submitted on the notice of 
tentative decision, the agency stated in the notice of final decision 
that if Canada should ``adopt the revised interior impact protection 
requirements that are to be phased in under FMVSS No. 201 by September 
1, 2002, there will be no need for compliance with this standard to be 
made a specific condition for import eligibility.'' See 62 FR 26350. 
The FMVSS No. 201 requirements that were the subject of the phase-in 
were for upper interior occupant protection. Canada has not adopted 
these requirements. Since complex modifications may be required to 
bring a vehicle into conformity with the FMVSS No. 201 upper interior 
impact requirements, NHTSA is reluctant to make a blanket import 
eligibility decision for Canadian-certified vehicles that do not meet 
these requirements. The capability of any particular make and model 
vehicle to be conformed to the upper interior impact requirements 
should be assessed by the agency on a case-by-case basis, through its 
consideration of individual import eligibility petitions.
    Another standard that will become effective for all U.S.-certified 
passenger cars on September 1, 2002 is FMVSS No. 401, Interior Trunk 
Release. Canada has not adopted a similar standard. Because complex 
modifications may also be required in some vehicles to achieve 
conformity with the requirements of this standard, particularly if the 
trunk compartment is situated in the front of the vehicle, NHTSA is 
also reluctant to make a blanket import eligibility decision for 
Canadian-certified vehicles that do not meet these requirements.
    Lastly, there are requirements for the lower anchorages of child 
restraint anchorage systems under FMVSS No. 225, Child Restraint 
Anchorage Systems, which have not been adopted by Canada. In light of 
these differences, NHTSA is reluctant to make a blanket import 
eligibility decision for Canadian-certified vehicles that do not meet 
these requirements. FMVSS No. 225 applies to passenger cars, to trucks 
and MPVs with a GVWR of 3,855 kg (8,500 lb) or less, except walk-in 
van-type vehicles and vehicles manufactured to be sold exclusively to 
the U.S. Postal Service, and to buses (including school buses) with a 
GVWR of 4,536 kg (10,000 lb) or less, except shuttle buses.
    As a consequence, the agency has tentatively decided to require, as 
a condition for import eligibility, that Canadian-certified passenger 
cars manufactured on or after September 1, 2002 comply, as originally 
manufactured, with FMVSS Nos. 201, 225, and 401. In addition, we have 
tentatively decided to require, as a condition for import eligibility, 
that Canadian-certified MPVs, trucks, and buses with a gross vehicle 
weight rating (GVWR) of 10,000 pounds or less manufactured on or after 
September 1, 2002 comply, as originally manufactured, with FMVSS No. 
201 and, insofar as it is applicable, with FMVSS No. 225.

Future Cut-off Date

    To avoid the need to amend any existing eligibility decisions in 
the event that there are any further requirements imposed under the 
FMVSS that are not carried into the corresponding CMVSS, NHTSA has 
tentatively decided to limit its import eligibility decisions for 
Canadian-certified passenger cars and for MPVs, trucks, and buses with 
a GVWR of 10,000 pounds or less to such vehicles manufactured before 
September 1, 2007. 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, 2007 within a sufficient 
period before that date is reached.

Tentative Decisions

    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, 2002 
and before September 1, 2007, that, as originally manufactured, are 
equipped with an automatic restraint system that complies with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, and that comply with 
FMVSS No. 201, 214, 225, and 401; and
    (b) All multipurpose passenger vehicles, trucks and buses with a 
GVWR of 4,535 kg (10,000 lb) or less that were manufactured on or after 
September 1, 2002, and before September 1, 2007, and that, as 
originally manufactured, comply with FMVSS Nos. 201, 202, 208, 214, and 
216, and, insofar as it is applicable, with FMVSS No. 225;

that are certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards, are eligible for 
importation into the United States on the basis that either:
    1. They are substantially similar to vehicles of the same make, 
model, and model year originally manufactured for importation into and 
sale in the United States, or originally manufactured in the United 
States for sale therein, and certified as complying with all applicable 
FMVSS, and are capable of being readily altered to conform to all 
applicable FMVSS, or
    2. They have safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS.

Vehicle Eligibility Number

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
Vehicle eligibility number VSA-80 is currently assigned to Canadian-
certified passenger cars and vehicle eligibility number VSA-81 is 
currently assigned to Canadian-certified MPVs, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less. If this tentative decision is 
made final, all passenger cars admissible under that decision will be 
assigned vehicle eligibility number VSA-80, and all MPVs, trucks, and 
buses admissible under that decision will be assigned vehicle 
eligibility number VSA-81.

Comments

    Section 30141(b) of Title 49, U.S. Code requires NHTSA to provide a 
minimum period for public notice and comment on decisions made on its 
own initiative consistent with ensuring expeditious, but full 
consideration and avoiding delay by any person. NHTSA believes that a 
comment period of 30 days is appropriate for this purpose. Interested 
persons are invited to submit comments on the tentative decision 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, 
Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. It is 
requested, but not required, that 10 copies be submitted. 
Alternatively, you may submit your

[[Page 50981]]

comments electronically by logging onto the Docket Management System 
(DMS) website at http://dms.dot.gov. Click on ``Help & Information'' of 
``Help/Info'' to view instructions for filing your comments 
electronically.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of NHTSA's final decision will be 
published in the Federal Register pursuant to the authority indicated 
below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.8; delegation of authority at 49 CFR 1.50.

    Issued on: August 1, 2002.
Jeffrey W. Runge,
Administrator.
[FR Doc. 02-19842 Filed 8-5-02; 8:45 am]
BILLING CODE 4910-59-P