[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 415-418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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

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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.

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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

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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