[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19114]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28692]


Final Decision That Certain Nonconforming Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Final decision that certain nonconforming vehicles are eligible 
for importation.

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

SUMMARY: This document announces a final decision by the National 
Highway Traffic Safety Administration (NHTSA) that certain vehicles 
that do not comply with all applicable Federal motor vehicle safety 
standards, but that are certified by their original manufacturer as 
complying with all applicable

[[Page 54976]]

Canadian motor vehicle safety standards, are eligible for importation 
into the United States. The vehicles in question either (1) are 
substantially similar to vehicles that were certified by their 
manufacturers as complying with the U.S. safety standards and are 
capable of being readily altered to conform to those standards, or (2) 
have safety features that comply with, or are capable of being altered 
to comply with, all U.S. safety standards.

DATES: This decision is effective on September 27, 2007.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety standards (FMVSS) shall be refused admission into the 
United States unless NHTSA has decided, either pursuant to a petition 
from the manufacturer or registered importer or on its own initiative, 
(1) that the nonconforming motor vehicle is substantially similar to a 
motor vehicle of the same model year that was originally manufactured 
for importation into and sale in the United States and certified by its 
manufacturer as complying with all applicable FMVSS, and (2) that the 
nonconforming motor vehicle is capable of being readily altered to 
conform to all applicable FMVSS. Where there is no substantially 
similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits 
a nonconforming motor vehicle to be admitted into the United States if 
NHTSA decides that its safety features comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    On August 14, 2007, NHTSA published a notice in the Federal 
Register at 72 FR 45488 announcing that it had made a tentative 
decision 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, are eligible for importation into the United States. The 
notice identified these vehicles as:
    (a) All passenger cars manufactured on or after September 1, 2007, 
and before September 1, 2008, that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 201, 208, 213, 214, 225, and 401, and, 
insofar as it is applicable, with FMVSS No. 138;
    (b) All passenger cars manufactured on or after September 1, 2008 
and before September 1, 2011 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, 225, and 401, 
and, insofar as it is applicable, with FMVSS No. 138;
    (c) All passenger cars manufactured on or after September 1, 2011 
and before September 1, 2012 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, 225, and 
401, and, insofar as it is applicable, with FMVSS No. 138;
    (d) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2007 and before September 1, 2008, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 208, 213, 214, and 216, and 
insofar as they are applicable, with FMVSS Nos. 138 and 225;
    (e) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2008 and before September 1, 2011, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 
216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; 
and
    (f) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2011 and before September 1, 2012, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, 
and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 
225.
    The reader is referred to the August 14 notice for a full 
discussion of the factors leading to the tentative decision. In 
accordance with 49 U.S.C. 30141(b), the notice solicited public 
comments on the tentative decision. No comments were submitted in 
response to the notice. Accordingly, we are adopting the tentative 
decision as a final decision.
    NHTSA has required Canadian-certified multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less 
to be originally manufactured to comply with FMVSS No. 202 Head 
Restraints for those vehicles to be imported under past eligibility 
decisions. The tentative decision inadvertently omitted FMVSS No. 202 
from the list of standards that multipurpose passenger vehicles, 
trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or less 
manufactured on or after September 1, 2007 and before September 1, 2008 
must be originally manufactured to comply with to be eligible for 
importation. That standard has been restored to the list in this final 
decision.
    In addition, the final decision identifies FMVSS No. 138 Tire 
Pressure Monitoring Systems as a standard that passenger cars 
manufactured on or after September 1, 2007 must be originally 
manufactured to comply with to be eligible for importation. The 
tentative decision stated that passenger cars would be required to 
comply with that standard ``insofar as it is applicable.'' The only 
such vehicles to which the standard would not apply are those ``with 
dual wheels on an axle.'' See paragraph S2 of the standard, at 49 CFR 
571.138. Since NHTSA is not aware of any passenger cars that are 
manufactured with dual wheels on an axle, the agency has eliminated 
this conditional language in the final decision.

Final Decision

    In consideration of the foregoing, the Administrator of NHTSA 
hereby decides that:
    (a) All passenger cars manufactured on or after September 1, 2007, 
and before September 1, 2008, that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401;
    (b) All passenger cars manufactured on or after September 1, 2008 
and before September 1, 2011 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 
401;
    (c) All passenger cars manufactured on or after September 1, 2011 
and before September 1, 2012 that, as originally manufactured, comply 
with FMVSS Nos. 110, 118, 126, 138, 201, 202a, 206, 208, 213, 214, 225, 
and 401;
    (d) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2007 and before September 1, 2008, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and 
insofar as they are applicable, with FMVSS Nos. 138 and 225;
    (e) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2008 and before September 1, 2011, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 
216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; 
and

[[Page 54977]]

    (f) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2011 and before September 1, 2012, that, as originally manufactured, 
comply with FMVSS Nos. 110, 118, 126, 201, 202a, 206, 208, 213, 214, 
and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 
225,

that are certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards, are eligible for 
importation into the United States on the basis that either:
    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. 
All passenger cars admissible under this decision are eligible for 
entry under vehicle eligibility number VSA-80, and all multipurpose 
passenger vehicles, trucks, and buses admissible under this decision 
are eligible for entry under vehicle eligibility number VSA-81.

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

    Issued on: September 24, 2007.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E7-19114 Filed 9-26-07; 8:45 am]
BILLING CODE 4910-59-P