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

American Government Special Collections Reference Desk

American Government

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

Daniel C. Smith
National Highway Traffic Safety Administration
November 26, 2012


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70538-70541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28626]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0119; Notice 2]


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

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

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

[[Page 70539]]

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.

DATES: This decision is effective on November 26, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Coleman Sachs, Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590. Telephone: (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 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.

Tentative Decision

    On September 18, 2012, NHTSA published a notice in the Federal 
Register announcing that it had made a tentative decision that certain 
motor vehicles that are not certified by their original manufacturer as 
complying with all applicable FMVSS, but that are certified as 
complying with all applicable CMVSS are eligible for importation into 
the United States (77 FR 57641). The notice identified these vehicles 
as:
    (a) All passenger cars manufactured on or after September 1, 2012 
and before September 1, 2017 that, as originally manufactured, comply 
with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225; and
    (b) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2012 and before September 1, 2017, that, as originally manufactured, 
comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as 
they are applicable, with FMVSS Nos. 138, 222, and 225.
    The notice stated that the agency also tentatively decided to 
revise its prior import eligibility decisions to eliminate references 
to the following standards that have been harmonized to their Canadian 
counterparts for the vehicles identified below:
     FMVSS No. 110 for all passenger cars and 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, 2009;
     FMVSS No. 118 for all passenger cars and 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;
     FMVSS No. 126 for all passenger cars and 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
     FMVSS No. 401 for all passenger cars manufactured on or 
after September 1, 2010.
    The reader is referred to the September 18 notice for a full 
discussion of the factors leading to the tentative decision. The notice 
of tentative decision 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 which are not harmonized. 
Table 3 is a list of FMVSS that have been adopted and are not yet 
effective, but will be in the future. Table 2 has been revised from the 
version provided in the notice of tentative decision to show that FMVSS 
225 Child Restraint Anchorage Systems has two Canadian equivalents, 
CMVSS 210.1 Tether Anchorage and CMVSS 210.2 Lower Anchorage.

                                          Table 1--Harmonized Standards
----------------------------------------------------------------------------------------------------------------
                                                                                 Date harmonized since last
                  FMVSS                          Canadian equivalent                    determination
----------------------------------------------------------------------------------------------------------------
102--Transmission Shift Position          CMVSS 102--Transmission Control   ....................................
 Sequence, Starter Interlock, and          Functions.
 Transmission Braking Effect.
103--Windshield Defrosting and Defogging  CMVSS 103--Windshield Defrost     ....................................
 Systems.                                  and Defog.
104--Windshield Wiping and Washing        CMVSS 104--Windshield Wiping and  ....................................
 Systems.                                  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     September 1, 2009.
 Vehicles with a GVWR of 4,536 kg          Rims; TSD 110.
 (10,000) lb) or Less.
111--Rearview Mirrors...................  CMVSS 111--Mirrors..............  ....................................
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         September 1, 2011.
 and Roof Panel Systems.                   Windows; TSD 118.

[[Page 70540]]

 
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 Motor   Passenger Cars; TSD 120.
 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   September 1, 2011.
 Systems.                                  Control; TSD 126.
131--School Bus Pedestrian Safety         CMVSS 131--School Bus Pedestrian  ....................................
 Devices.                                  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   September 1, 2012.
                                           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 September  CMVSS 205--Glazing Materials....  ....................................
 1, 2006 and glazing materials used in
 vehicles manufactured before November
 1, 2006.
207--Seating systems....................  CMVSS 207--Anchorage of Seats...  ....................................
210--Seat belt assembly anchorages......  CMVSS 210--Seat Belt Assembly     ....................................
                                           Anchorages.
212--Windshield mounting................  CMVSS 212--Windshield Mounting..  ....................................
216--Roof crush resistance; Applicable    CMVSS 216--Roof Intrusion         ....................................
 unless a vehicle is certified to Sec.     Protection; TSD 216.
 571.216a.
216a--Roof crush resistance; Upgraded     CMVSS 216--Roof Intrusion         ....................................
 standard.                                 Protection; TSD 216.
217--Bus emergency exits and window       CMVSS 217--Bus Window Retention   ....................................
 retention and release.                    and Emergency Exits.
219--Windshield zone intrusion..........  CMVSS 219--Windshield Zone        ....................................
                                           Intrusion.
220--School bus rollover protection.....  CMVSS 220--Rollover Protection;   ....................................
                                           TSD 220.
221--School bus body joint strength.....  CMVSS 221--School Bus Body Joint  ....................................
                                           Strength.
224--Rear impact protection.............  CMVSS 223--Rear Impact Guards...  ....................................
301--Fuel system integrity..............  CMVSS 301--Fuel System            ....................................
                                           Integrity; TSD 301.
302--Flammability of interior materials.  CMVSS 302--Flammability; TSD 302  ....................................
303--Fuel system integrity of compressed  CMVSS 301.2--CNG Fuel System      ....................................
 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         September 1, 2010
                                           Release; TSD 401.
500--Low-speed vehicles.................  CMVSS 500--Low-speed Vehicles;    ....................................
                                           TSD 500.
----------------------------------------------------------------------------------------------------------------


                                Table 2--Standards That Have Not Been Harmonized
----------------------------------------------------------------------------------------------------------------
                                                                               Multipurpose passenger vehicles,
           U.S. Standard              Canadian standard      Passenger cars    trucks, and buses with a GVWR of
                                                                                 4,536 kg (10,000 lb) or less
----------------------------------------------------------------------------------------------------------------
FMVSS 101--Controls and Displays..  CMVSS 101--Controls                   X   X
                                     and Displays.
FMVSS 138--Tire Pressure            .....................                 X   X
 Monitoring Systems.
FMVSS 201--Occupant Protection in   CMVSS 201--Occupant                   X   X
 Interior Impact.                    Protection.
206--Door locks and door retention  CMVSS 206--Door Locks                 X   X
 components.                         and Door Retention
                                     Components.
FMVSS 208--Occupant Crash           CMVSS 208--Occupant                   X   X
 Protection.                         Restraint Frontal
                                     Impact.
FMVSS 213--Child Restraint Systems  CMVSS 213.4--Built-in                 X   X
                                     Child Restraint
                                     Systems.
FMVSS 214--Side Impact Protection.  CMVSS 214--Side Door                  X   X
                                     Strength.
FMVSS 222--School Bus Passenger     CMVSS 222--School Bus  .................  School buses only
 Seating And Crash Protection.       Passenger Seating
                                     and Crash Protection.
FMVSS 225--Child restraint          CMVSS 210.1 Tether                    X   X
 anchorage systems.                  Anchorage and 210.2
                                     Lower Anchorage.
----------------------------------------------------------------------------------------------------------------


[[Page 70541]]


                         Table 3--FMVSS That Have Been Adopted But Are Not Yet Effective
----------------------------------------------------------------------------------------------------------------
              FMVSS                      Federal Register Notice            Description         Effective date
----------------------------------------------------------------------------------------------------------------
226--Ejection Mitigation.........  76 FR 3212; 1/19/2011..............  New standard to      9/1/17, except for
                                                                         mitigate occupant    altered and
                                                                         ejection from side   multistage
                                                                         windows in           vehicles 9/1/18.
                                                                         rollovers and side
                                                                         impacts..
----------------------------------------------------------------------------------------------------------------

    In accordance with 49 U.S.C. 30141(b), the September 18 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.

Final Decision

    In consideration of the foregoing, NHTSA hereby decides that--
    (a) All passenger cars manufactured on or after September 1, 2009 
and before September 1, 2010 that, as originally manufactured, comply 
with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401;
    (b) All passenger cars manufactured on or after September 1, 2010 
and before September 1, 2011 that, as originally manufactured, comply 
with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, and 225;
    (c) All passenger cars manufactured on or after September 1, 2011 
and before September 1, 2017 that, as originally manufactured, comply 
with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225;
    (d) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2011 and before September 1, 2012, that, as originally manufactured, 
comply with FMVSS Nos. 201, 202a, 206, 208, 213, 214, and 216, and 
insofar as they are applicable, with FMVSS Nos. 138 and 225; and
    (e) All multipurpose passenger vehicles, trucks, and buses with a 
GVWR of 4,536 kg (10,000 lb) or less manufactured on or after September 
1, 2012 and before September 1, 2017, that, as originally manufactured, 
comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as 
they are applicable, with FMVSS Nos. 138, 222, and 225;

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 multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000 lb) or 
less. All passenger cars admissible under this decision will be 
assigned vehicle eligibility number VSA-80, and all multipurpose 
passenger vehicles, trucks, and buses admissible under this decision 
will be assigned 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 1.95.

    Issued on: November 15, 2012.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2012-28626 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-59-P



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