G/TBT/N/USA/1985  
24 April 2023  
(23-2911) 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) [2016]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle co mments 
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 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Side 
underride guards; Crash protection and restraint systems (ICS code(s): 43.040.80); 
Commercial vehicles (ICS code(s): 43.080)  
5. Title, n umber of pages and language(s) of the notified document:  Side Underride 
Guards; (9 page(s), in English)  
6. Description of content:  Advance notice of proposed rulemaking (ANPRM) - This ANPRM 
responds to Section 23011(c) of the November 2021 Infrastructure Investment and Jobs 
Act (IIJA) , commonly referred to as the Bipartisan Infrastructure Law (BIL), which directs 
the Secretary to conduct research on side underride guards to b etter understand their 
overall effectiveness, and assess the feasibility, benefits, costs, and other impacts of 
installing side underride guards on trailers and semitrailers. The BIL further directs the 
Secretary to report the findings of the research in a  Federal Register notice to seek public 
comment. In addition, this ANPRM also responds to a petition for rulemaking from Ms. 
Marianne Karth and the Truck Safety Coalition (TSC).  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  G/TBT/N/USA/1985  
 
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  8. Relevant documents:   
88 Federal Register (FR) 24535, 21 April 2023; Title 49 Code of Federal Regulations (CFR) 
Part 571:  
https://www.govinfo.gov/content/pkg/FR -2023-04-21/html/2023 -08451.htm  
https://www.govin fo.gov/content/pkg/FR -2023-04-21/pdf/2023 -08451.pdf  
This advance notice of proposed rulemaking is identified by Docket Number NHTSA -2023-
0012. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/NHTSA -2023-0012/document  and provides access 
to primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are ask ed to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders by 4pm Eastern Time  on 20 June 2023 will be shared with the regulator and 
will also be submitted to the Docke t 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 June 2023  
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/2023/TBT/USA/23_9243_00_e.pdf