G/TBT/N/USA/1676  
14 December 2020  
(20-9003) 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) [1704]  
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 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Motor 
vehicle standards; test procedures; Test conditions and procedures in general 
(ICS 19.020), Road vehicles in general (ICS 43.020), Road vehicle systems (ICS 43.040)  
5. Title, number of pages and language(s) of the notified document:  Federal Motor 
Vehicle Safety Standards: Test Procedures (5 page(s), in English)  
6. Description of content:  Advance notice of proposed rulemaking - NHTSA is issuing this 
ANPRM to seek public comment on whether any test procedures for any Federal Motor 
Vehicle Safety Stan dards (FMVSS) may be a candidate for replacement, repeal, or 
modification, for reasons other than for considerations relevant only to automated driving 
systems (ADS). This document is a continuation of the Agency's efforts to improve the 
FMVSS and minimize  burdens. The Agency takes this action in response to its review of 
the FMVSS and to public comments solicited by DOT in a 2017 notice on its regulatory 
reform efforts. The commenters requested that NHTSA amend test procedures for air 
brakes and occupant c rash protection. NHTSA has also identified some possible additional 
test procedure issues and discusses them in this Notice. In addition, this ANPRM also 
seeks comments and supporting information relating to any other test procedures which 
may be a candida te for replacement, repeal or modification, not just those specifically 
discussed in this Notice.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Cost saving and productivity 
enhancement  G/TBT/N/USA/1676  
 
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  8. Relevant documents:   
• 85 Federal Register (FR) 79456, 10 December 2020; Title 49 Code of Federal 
Regulations (CFR) Part 571:  
https://www.govinfo.gov/content/pkg/FR -2020-12-10/html/2020 -27001.htm  
https://www.govinfo.gov/content/pkg/FR -2020-12-10/pdf/2020 -27001.pdf  
This advance notice of proposed rulemaking is identified by Docket Number 
NHTSA -2020-0109. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket?D=NHTSA -2020-0109 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 th e 
USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the 
regulator and will also be submitted to the Docket  on Regulations.gov if received withi n 
the comment period.  
On 2 October 2017, the Department of Transportation (DOT) published a Notice of 
Regulatory Review in the Federal Register inviting "the public to provide input on existing 
rules and other agency actions that are good candidates for r epeal, replacement, 
suspension, or modification " at https://www.govinfo.gov/content/pkg/FR -2017-10-
02/html/2017 -21101.htm  and https://www.govinfo.gov/content/pkg/FR -2017-10-
02/pdf/2017 -21101.pdf . The Docket Folder is available on Regulations.gov  at 
https://www.regulations.gov/docket?D=DOT -OST-2017-0069 and provides access to 
primary documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number.  
Related actions notified under the symbol G/TBT/N/USA/164  "Federal Mot or Vehicle 
Safety Standards; Air Brake Systems" are identified by Docket Numbers NHTSA -2013-
0011, NHTSA -2009-0175 and NHTSA -2005-21462. The Docket Folders are 
available  on Regulations.gov at https://www.regulations.gov/docket?D=NHTSA -2013-
0011, https://www.regulations.gov/docket?D=NHTSA -2009-0175 and 
https://www.regulations.gov/docket?D=NHTSA -2005-21462 , and provide access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Numbers individually.  
9. Proposed date  of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 February 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_7639_00_e.pdf