G/TBT/N/USA/1681  
22 December 2020  
(20-9270) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT) [1711]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle com ments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Motor 
vehicle test procedures; Test conditions and procedures in general (ICS 19.020), Road 
vehicles in general (ICS 43.020), Road vehicle sys tems (ICS 43.040)  
5. Title, number of pages and language(s) of the notified document:  Notice 
Regarding the Applicability of NHTSA FMVSS Test Procedures to Certifying Manufacturers 
(10 page(s), in English)  
6. Description of content:  Notice of interpretati on; request for comments - The National 
Traffic and Motor Vehicle Safety Act (Safety Act) prohibits the sale, manufacture for sale, 
import or introduction into interstate commerce of a motor vehicle or item of motor 
vehicle equipment, unless fully complian t with all applicable Federal motor vehicle safety 
standards (FMVSS). The FMVSS set a threshold of performance that a vehicle or 
equipment item must attain, at a minimum, to meet the need for safety. The Safety Act 
also requires a manufacturer or distribut or of a motor vehicle or motor vehicle equipment 
to certify that the vehicle or equipment complies with applicable FMVSS. This notice 
reestablishes NHTSA's longstanding position that the FMVSS test conditions and 
procedures apply to NHTSA's compliance test ing, and that manufacturers are not required 
to ensure that their vehicles are designed in such a manner as to ensure that the vehicles 
are capable of being tested pursuant to such standards as a condition of self -certification. 
This notice also discusses NHTSA's enforcement with respect to vehicles with novel or 
innovative designs that preclude them from being tested for FMVSS compliance using 
NHTSA's FMVSS test procedures. This notice supersedes prior contrary statements the 
Agency has made --including tho se in NHTSA's 2016 letter of interpretation to Google, 
Inc.--stating that manufacturers could not validly certify FMVSS compliance unless NHTSA 
could verify compliance using the FMVSS test procedures.  
7. Objective and rationale, including the nature of ur gent problems where 
applicable:  Protection of human health or safety  G/TBT/N/USA/1681  
 
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  8. Relevant documents:   
85 Federal Register (FR) 83143, 21 December   2020:  
https://www.govinfo.gov/content/pkg/FR -2020-12-21/html/2020 -28107.htm  
https://www.govinfo.gov/content/pkg/FR -2020-12-21/pdf/2020 -28107.pdf  
This Notice of interpretation; request for comments is identified by Docket Number 
NHTSA -2020-0119. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket?D=NHTSA -2020-0119 and provides access to 
primary documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TBT Enquiry Point . Comments received by the 
USA TBT Enquiry Point f rom WTO Members and their stakeholders will be shared with the 
regulator and will also be submitted to the Docket  on Regulations.gov if received within 
the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 January 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2020/TBT/USA/20_7863_00_e.pdf