

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54975-54977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-121]

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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.

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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
