[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Pages 10614-10617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5726]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Docket No. 96-114; Notice 1
Notice of Tentative Decision That Certain Noncomplying Vehicles
Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Request for comments on tentative decision that certain
noncomplying vehicles are eligible for importation into the United
States.
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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. This
notice also requests comments on a proposal to rescind the existing
vehicle eligibility number applicable to all vehicles certified by
their original manufacturer as complying with Canadian safety standards
(eligibility number VSA-1), and to assign four separate eligibility
numbers, based on vehicle classification and weight.
DATE: The closing date for comments on this tentative decision is April
7, 1997.
ADDRESS: Comments should refer to the docket number and notice number
and be submitted to: Docket Section, Room 5109, National Highway
Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC
20590. (Docket hours are from 9:30 am to 4 pm.)
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
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, that the 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 was certified as complying with all applicable FMVSS, and
also finds that the noncompliant 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.
A. First Decision on Canadian Vehicles
On August 13, 1990, NHTSA published a Federal Register notice at 55
FR 32988 announcing that it had made a final determination on its own
initiative that certain motor vehicles 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 agency made this determination under the precursor
to 49 U.S.C.
[[Page 10615]]
30141(a)(1)(A), on the basis that the Canadian-certified vehicles
involved are substantially similar to U.S.-certified vehicles, and are
capable of being readily modified to conform to all applicable FMVSS.
As identified in the notice, the Canadian-certified vehicles determined
to be eligible for importation include:
all passenger cars manufactured on or after September 1, 1989 which
are equipped by their original manufacturer with an automatic
restraint system that complies with Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, Occupant Crash Protection.
The notice explained that NHTSA had examined the CMVSS and found
that, in most essential respects, they are identical to the FMVSS, and
that the most significant difference between the two sets of standards
concerned occupant protection requirements. NHTSA noted that CMVSS No.
208, Occupant Restraint Systems, does not require a passenger car to be
equipped with automatic restraints, in contrast to FMVSS No. 208,
Occupant Crash Protection, which requires automatic restraints in front
designated seating positions for all passenger cars manufactured on and
after September 1, 1989. Owing to this difference, and the agency's
uncertainty that Canadian-certified vehicles could be retrofitted with
automatic restraint systems, NHTSA limited its eligibility
determination to passenger cars manufactured before September 1, 1989,
or those manufactured on or after that date that are equipped by their
original manufacturer with an automatic restraint system that complies
with FMVSS No. 208.
B. Second Decision on Canadian Vehicles
1. Passenger Cars
On October 8, 1991, NHTSA published a Federal Register notice at 56
FR 50749 announcing that it had made a final determination on its own
initiative that certain other motor vehicles certified by their
original manufacturer as complying with all applicable CMVSS are
eligible for importation into the United States. This determination was
made under the precursor to 49 U.S.C. 30141(a)(1)(B), on the basis that
there was no U.S.-certified vehicle substantially similar to the
Canadian-certified vehicles involved, but that those Canadian-certified
have safety features that comply with, or are capable of being altered
to comply with, all applicable FMVSS based on destructive test data or
such other evidence deemed adequate by NHTSA. As identified in that
notice, the Canadian-certified vehicles determined to be eligible for
importation include:
all passenger cars manufactured on or after September 1, 1989, and
before September 1, 1996, which are equipped with an automatic
restraint system that complies with FMVSS No. 208, Occupant Crash
Protection.
The notice observed that the CMVSS did not contain dynamic side
impact requirements (found in FMVSS No. 214, Side Impact Protection)
that would become effective for all passenger cars on September 1,
1996. Owing to this difference, passenger cars manufactured on or after
that date were not included in the agency's import eligibility
determination. Because this determination effectively restricts the
importation of Canadian-certified passenger cars manufactured on or
after September 1, 1996 that are not the subject of import eligibility
petitions granted by NHTSA under 49 CFR 593.7(f), the agency recognizes
the need for a new eligibility decision on the Administrator's
initiative, covering such vehicles that are manufactured to comply with
FMVSS Nos. 208 and 214.
2. Vehicles Other Than Passenger Cars
On October 8, 1991, NHTSA also determined the following Canadian-
certified vehicles to be eligible for importation under the precursor
to 49 U.S.C. 30141(a)(1)(B):
All multipurpose passenger vehicles, trucks, and buses
manufactured on and after September 1, 1991, by their original
manufacturer to comply with the requirements of FMVSS Nos. 202 and
208 to which they would have been subject had they been manufactured
for sale in the United States.
56 FR 50750. As the notice explained, September 1, 1991 was selected as
the cutoff date in response to a comment from the Ford Motor Company
(Ford), which observed that there would be significant changes to FMVSS
No. 208 and to FMVSS No. 202, Head Restraints, affecting vehicles other
than passenger cars beginning with the 1992 model year, and that these
changes would not be reflected in the corresponding CMVSS. As described
in the notice, these changes would require multipurpose passenger
vehicles (MPVs) and trucks with a gross vehicle weight rating (GVWR) of
8,500 pounds or less having an unloaded vehicle weight of 5,500 pounds
or less to comply with FMVSS No. 208's frontal crash test requirements
using, in Ford's words, either ``active belts or passive restraints.''
The notice additionally stated that for 1992 and subsequent model
years, ``MPVs (except for motor homes), trucks and buses (except school
buses) with a GVWR of 10,000 pounds or less, must be equipped with rear
seat lap/shoulder belts at the outboard seating positions.'' 56 FR
50749. Finally, the notice observed that ``MPVs, trucks, and buses with
a GVWR of 10,000 pounds or less must comply with head restraint
requirements'' of FMVSS No. 202 that were not added to the Canadian
standards. Ibid.
C. Amendment to Prior Determination on Vehicles Other Than Passenger
Cars
NHTSA stated in the October 8, 1991 final determination notice that
Ford's comments would also require the agency to amend a determination
that it had published on August 13, 1990 at 55 FR 32988 concerning
Canadian trucks, buses, and MPVs that it found eligible for importation
under the precursor to 49 U.S.C. 30141(a)(1)(A). 56 FR 50750. A notice
announcing that amendment was published on October 26, 1992 at 57 FR
48539. The vehicles identified in that notice as being eligible for
importation included the following:
All multipurpose passenger vehicles, trucks, and buses
manufactured on and after September 1, 1991, and before September 1,
1993, by their original manufacturer to comply with the requirements
of U.S. FMVSS Nos. 202 and 208 to which they would have been subject
had they been manufactured for sale in the United States; and
All multipurpose passenger vehicles, trucks and buses
manufactured on or after September 1, 1993, by their original
manufacturer to comply with the requirements of U.S. FMVSS Nos. 202,
208, and 216 to which they would have been subject had they been
manufactured for sale in the United States.
57 FR 48539. The notice stated that September 1, 1993 was selected as a
cutoff date in light of ``significant changes'' that had been made to
FMVSS No. 216 Roof Crush Resistance affecting vehicles other than
passenger cars beginning with the 1994 model year, and that
corresponding changes had not been made to the CMVSS. Ibid. As
described in the notice, those changes would require multipurpose
passenger vehicles, trucks, and buses whose GVWR is less than 6,000
pounds manufactured on and after September 1, 1993 to comply with the
standard's roof crush resistance requirements.
D. Amendments Omitted From Annual Lists
Under 49 U.S.C. 30141(b)(2), NHTSA is required to publish annually
in the Federal Register a list of all vehicles for which import
eligibility decisions have been made. Through an oversight, the
amendments to NHTSA's
[[Page 10616]]
determinations concerning Canadian trucks, buses, and MPVs that were
announced in the October 26, 1992 notice were not reflected in the
annual lists that the agency published on February 23, 1994 (at 59 FR
8671), February 13, 1995 (at 60 FR 8268), and March 1, 1996 (at 61 FR
8097). Those amendments were also not reflected in the final rule
published by NHTSA on October 1, 1996 at 61 FR 51242, which amended the
agency's regulations establishing procedures for import eligibility
decisions at 49 CFR Part 593 by adding an appendix listing all vehicles
that have been decided to be eligible for importation. Because these
publications of the list of eligible vehicles merely identified
vehicles that had been determined eligible for importation, but did not
make any such determinations or amend those previously made, they do
not affect the validity of the omitted October 26, 1992 amendments to
NHTSA's import eligibility determinations concerning Canadian trucks,
buses, and MPVs.
E. Need for New Import Eligibility Decision on Vehicles Other Than
Passenger Cars
In addition to the regulatory changes that led NHTSA to amend its
prior import eligibility determination for Canadian trucks, buses, and
MPVs on October 26, 1992, another anticipated change has raised the
need for the agency to make a new decision regarding the import
eligibility of these vehicles. Dynamic side impact requirements that
are not found in the corresponding CMVSS have recently been added to
FMVSS No. 214, Side Impact Protection, and will become effective on
September 1, 1998 for certain MPVs, trucks, and buses with a GVWR of
6,000 pounds or less. These requirements will apply to all such
vehicles, except for walk-in vans, motor homes, tow trucks, dump
trucks, ambulances and other emergency rescue/medical vehicles
(including vehicles with fire-fighting equipment), vehicles equipped
with wheelchair lifts, and vehicles which have no doors or exclusively
have doors that are designed to be easily attached or removed so the
vehicle can be operated without doors. To accommodate this regulatory
change, NHTSA has tentatively decided to limit its previous import
eligibility decision covering Canadian MPVs, trucks, and buses to those
manufactured before September 1, 1998, and to make a new decision that
those manufactured on or after that date must comply with FMVSS Nos.
202, 208, 214, and 216 to be eligible for importation.
F. Need to Limit Currently Open-Ended Import Eligibility Decisions
To avoid the need for additional amendments of prior 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 all currently open-ended import
eligibility decisions for Canadian-certified passenger cars, MPVs,
trucks, and buses to such vehicles manufactured before September 1,
2002. That is the date 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. The
agency intends to issue new decisions covering vehicles manufactured on
or after September 1, 2002 within a sufficient period before that date
is reached.
Tentative Decision
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, 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;
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 there, 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.
If this tentative decision is made final, NHTSA proposes to rescind
Vehicle Eligibility Number VSA-1, which currently applies to all
eligible vehicles certified by their original manufacturer as complying
with all applicable CMVSS, and assign the following eligibility numbers
to those vehicles:
Vehicles Certified by Their Original Manufacturer as Complying With All
Applicable Canadian Motor Vehicle Safety Standards
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Number Vehicles
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VSA-80................ All passenger cars less than 25 years old that
were manufactured before September 1, 1989;
All passenger cars manufactured on or after
September 1, 1989, and before September 1,
1996, that, as originally manufactured, are
equipped with an automatic restraint system
that complies with Federal Motor Vehicle Safety
Standard (FMVSS) No. 208;
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 FMVSS Nos. 208, and that comply
with FMVSS No. 214.
VSA-81................ All multipurpose passenger vehicles, trucks, and
buses with a GVWR of 4536 kg. (10,000 lbs.) or
less that are less than 25 years old and that
were manufactured before September 1, 1991;
All multipurpose passenger vehicles, trucks, and
buses with a GVWR of 4536 kg. (10,0000 lbs.) or
less that were manufactured on and after
September 1, 1991, and before September 1,
1993, and that, as originally manufactured,
comply with FMVSS Nos. 202 and 208;
[[Page 10617]]
All multipurpose passenger vehicles, trucks and
buses with a GVWR of 4536 kg. (10,000 lbs.) or
less that were manufactured on or after
September 1, 1993, and before September 1,
1998, and that, as originally manufactured,
comply with FMVSS Nos. 202, 208, and 216;
All multipurpose passenger vehicles, trucks and
buses with a GVWR of 4536 kg. (10,000 lbs.) or
less, that were manufactured on or after
September 1, 1998, and before September 1,
2002, and that, as originally manufactured,
comply with the requirements of FMVSS Nos. 202,
208, 214, and 216.
VSA-82................ All multipurpose passenger vehicles, trucks and
buses with a GVWR greater than 4536 kg. (10,000
lbs.) that are less than 25 years old.
VSA-83................ All trailers, and all motorcycles that are less
than 25 years old.
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Readers should note that in the preparation of this list, some
changes were made from the language used in some prior import
eligibility decisions. For example, prior eligibility decisions
generally identify multipurpose passenger vehicles, trucks, and buses
that are eligible for importation as those ``certified by their
original manufacturer to comply with [specified standards] to which
they would have been subject had they been manufactured for sale in the
United States.'' For the sake of clarity, the above list identifies
eligible vehicles as those ``that, as originally manufactured, comply
with'' specified standards. Although this language replaces text that
was previously used only in decisions pertaining to multipurpose
passenger vehicles, trucks, and buses, it is also being used in the
list to describe passenger cars that must comply with specified
standards to be eligible for importation. This is being done to achieve
consistency in the description of vehicles eligible for importation,
and to better reflect the agency's intent when it made the pertinent
eligibility decisions.
Readers should also note that NHTSA is proposing to assign
different vehicle eligibility numbers to multipurpose passenger
vehicles, trucks, and buses, based on whether their gross vehicle
weight rating (GVWR) is greater than, or at or below, 4536 kg. (10,000
lbs.). This proposal reflects the agency's awareness that there are
differences between Canadian and U.S. standards that apply to
multipurpose passenger vehicles, trucks, and buses with a GVWR at or
below 4536 kg., but that these differences do not exist for vehicles of
the same class that are above that weight rating.
Because of these proposed modifications to the text of its prior
import eligibility decisions, NHTSA believes there is a need to replace
the existing vehicle eligibility number, VSA-1, that is now applied to
all eligible vehicles certified by their original manufacturer as
complying with all applicable CMVSS. The agency proposes to replace
this single eligibility number with four separate numbers, based on
vehicle classification, and, in the case of multipurpose passenger
vehicles, trucks and buses, by weight. This will allow for easier
modification in the event that there are any future changes in the
standards that affect only certain classes of vehicles.
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
minimum comment period of 30 days is appropriate for this purpose.
Interested persons are invited to submit comments on the tentative
decisions described above. It is requested, but not required, that five
copies be submitted.
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: March 4, 1997.
Ricardo Martinez,
Administrator.
[FR Doc. 97-5726 Filed 3-6-97; 8:45 am]
BILLING CODE 4910-59-P
