Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 57393 

* * * * * 

[FR Doc. 2010–23534 Filed 9–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2010–0186] 

RIN–2126–AB27 

Parts and Accessories Necessary for 

Safe Operation: Antilock Brake 

Systems 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: The FMCSA makes 

permanent the existing requirement in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) that trailers with 

antilock brake systems (ABS) be 

equipped with an external malfunction 

indicator lamp. The existing indicator 

lamp requirement was originally 

scheduled to sunset on March 1, 2009, 

but the National Highway Traffic Safety 

Administration (NHTSA) published a 

final rule on August 25, 2009, that made 

permanent the requirement in the 

Federal Motor Vehicle Safety Standards 

(FMVSSs) that manufacturers equip 

trailers with ABS and an external 

antilock malfunction indicator lamp. As 

the requirement for an exterior ABS 

malfunction indicator lamp on trailers 

of the FMCSRs cross-references the 

requirements of the FMVSSs, this direct 

final rule makes the FMCSRs consistent 

with the August 2009 NHTSA final rule. 

DATES: This rule is effective November 

22, 2010, unless an adverse comment, or 

notice of intent to submit an adverse 

comment, is either submitted to our 

online docket via http:// 

www.regulations.gov on or before 

October 21, 2010 or reaches the Docket 

Management Facility by that date. If an 

adverse comment, or notice of intent to 

submit an adverse comment, is received 

by October 21, 2010, we will withdraw 

this direct final rule and publish a 

timely notice of withdrawal in the 

Federal Register. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2010–0186 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mike Huntley, Chief, Vehicle and 

Roadside Operations Division (MC– 

PSV), Office of Bus and Truck Standards 

and Operations, phone (202) 366–4325, 

e-mail michael.huntley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting comments 

B. Viewing comments and documents 

C. Privacy Act 

D. Public meeting 

II. Abbreviations 

III. Regulatory Information 

IV. Background 

V. Discussion of the Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Collection of Information 

D. Federalism 

E. Unfunded Mandates Reform Act 

F. Taking of Private Property 

G. Civil Justice Reform 

H. Protection of Children 

I. Indian Tribal Governments 

J. Energy Effects 

K. Technical Standards 

L. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (FMCSA–2010–0186), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. As 

a reminder, FMCSA will only consider 

adverse comments as defined in 49 CFR 

389.39(b). 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘FMCSA–2010–0186’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search,’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘FMCSA 2010– 

0186’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. If you do not have access to the 

Internet, you may also view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

II. Abbreviations 

ABS Anti-lock Braking Systems 

CMV Commercial Motor Vehicle 

CVSA Commercial Vehicle Safety 

Alliance 


hsrobinson on DSK69SOYB1PROD with RULES
57394 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 

DFR Direct Final Rule 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSR Federal Motor Carrier Safety 

Regulation 

FMVSS Federal Motor Vehicle Safety 

Standard 

FR Federal Register 

FHWA Federal Highway 

Administration 

NHTSA National Highway Traffic 

Safety Administration 

NPRM Notice of Proposed Rulemaking 

III. Regulatory Information 

We are publishing this direct final 

rule under 49 CFR 389.11 and 389.39 

because we believe the rule is a routine, 

non-controversial amendment to 49 CFR 

393. The rule would ensure consistency 

between 49 CFR Part 393 and NHTSA’s 

49 CFR 571.121. The FMCSA does not 

expect adverse comments. If no adverse 

comments or notices of intent to submit 

an adverse comment are received by 

October 21, 2010, this rule will become 

effective as stated in the DATES section. 

In that case, approximately 30 days 

before the effective date, we will 

publish a document in the Federal 

Register stating that no adverse 

comments were received and 

confirming that this rule will become 

effective as scheduled. However, if we 

receive any adverse comments or 

notices of intent to submit an adverse 

comment, we will publish a document 

in the Federal Register announcing the 

withdrawal of all or part of this direct 

final rule. If an adverse comment 

applies only to part of this rule (e.g., to 

an amendment, a paragraph, or a 

section) and it is possible to remove that 

part without defeating the purpose of 

this rule, we may adopt, as final, those 

parts of this rule on which no adverse 

comments were received. We will 

withdraw the part of this rule that was 

the subject of an adverse comment. If we 

decide to proceed with a rulemaking 

following receipt of any adverse 

comments, we will publish a separate 

notice of proposed rulemaking (NPRM) 

and provide a new opportunity for 

comment. 

A comment is considered ‘‘adverse’’ if 

the comment explains why this rule or 

a part of this rule would be 

inappropriate, including a challenge to 

its underlying premise or approach, or 

would be ineffective or unacceptable 

without a change. 

IV. Background 

NHTSA published a final rule 

requiring ABS on truck tractors, other 

air-braked heavy vehicles including 

trailers, and hydraulic-braked trucks in 

the Federal Register (on March 10, 1995 

60 FR 13216). As amended by that final 

rule, FMVSS No. 121, Air Brake 

Systems, required two separate in-cab 

ABS malfunction indicator lamps for 

each truck tractor, one for the tractor’s 

ABS (effective March 1, 1997) and the 

other for the trailer’s ABS (effective 

March 1, 2001). The final rule also 

required air-braked trailers to be 

equipped with an externally mounted 

ABS malfunction lamp (effective March 

1, 1998) so that the driver of a non-ABS 

equipped tractor or an ABS-equipped 

tractor manufactured prior to March 1, 

2001, towing an ABS-equipped trailer 

would be alerted in the event of a 

malfunction in the trailer ABS. 

On March 10, 1995, the Federal 

Highway Administration (FHWA) 

published a notice of intent to initiate 

a rulemaking concerning requirements 

of ABS on commercial motor vehicles 

(CMV) operating in interstate commerce 

(60 FR 13306). On July 12, 1996, FHWA 

published a notice of proposed 

rulemaking (NPRM) that proposed 

requiring motor carriers to maintain the 

ABS on CMVs manufactured on or after 

the effective date of the NHTSA 

requirements (61 FR 36691). The FHWA 

subsequently published a final rule on 

May 4, 1998, amending the FMCSRs to 

require that air-braked truck tractors 

manufactured on or after March 1, 1997, 

and air-braked single-unit trucks, buses, 

trailers, and converter dollies 

manufactured on or after March 1, 1998, 

be equipped with ABS that meet the 

requirements of FMVSS No. 121 (63 FR 

24454). In addition, FHWA required 

motor carriers to maintain the ABS on 

these vehicles. Specifically with respect 

to the exterior ABS malfunction 

warning lamp for trailers, the 

amendments to section 393.55(e) of the 

FMCSRs incorporated by reference— 

without modification—the requirements 

of S5.2.3.3 of FMVSS No. 121. 

The requirement for the trailermounted ABS malfunction indicator 

lamp was originally scheduled to expire 

on March 1, 2009. NHTSA established 

this sunset date based on the 

assumption that after this eight-year 

period, many of the pre-2001 tractors 

that did not have the dedicated trailer 

ABS malfunction indicator lamp would 

no longer be in long-haul service. 

NHTSA based its decision on the belief 

that the typical tractor life was five to 

seven years and therefore decided on an 

eight-year period for the external ABS 

malfunction indicator lamp 

requirement. NHTSA further stated its 

belief that there would be no need for 

a redundant ABS malfunction lamp 

mounted on the trailer after the vast 

majority of tractors were equipped with 

an in-cab ABS malfunction indicator 

lamp for the trailer. 

Before the trailer-mounted ABS 

malfunction indicator lamp requirement 

expired, NHTSA received two petitions 

from the Commercial Vehicle Safety 

Alliance (CVSA). CVSA is an 

international not-for-profit organization 

comprised of Federal, State, provincial, 

territorial, and local motor carrier safety 

officials and industry representatives 

from the United States, Canada, and 

Mexico. On October 22, 2007, CVSA 

petitioned NHTSA to make the trailermounted external antilock malfunction 

indicator lamp permanent instead of 

allowing it to expire. CVSA included in 

its petition suggested regulatory text 

along with its rationale for why the 

extension should be permanent. 

The CVSA rationale included four 

points. The first point was many pre2001 tractors were still expected to be 

in use when the malfunction indicator 

lamp requirement was set to expire (at 

the time, March 1, 2009). These tractors 

do not have the in-cab trailer ABS 

malfunction indicator lamp that was 

believed to render the external lamp 

redundant. Second, CVSA argued that 

for double and triple trailer 

applications, it would not be possible to 

determine, from an in-cab lamp alone, 

which trailer ABS is malfunctioning 

without external lamps. Third, CVSA 

stated that many trailer repair shops rely 

on the external lamp to quickly 

diagnose the operational status of the 

trailer’s ABS without having to couple 

a post-2001 tractor to the trailer. With 

an external indicator lamp, a tractor of 

any age can be used, making inspection 

significantly easier. Fourth, the petition 

argued that without the external lamp, 

the signal from the in-cab lamp may be 

confusing, as it may indicate either a 

malfunctioning in-cab bulb, a 

functioning pre-1998 trailer (with no 

ABS), a problem with the 

communication circuit between the 

trailer and tractor, or a malfunctioning 

ABS. The external lamp helps to 

diagnose the situation. 

On October 15, 2008, CVSA again 

petitioned NHTSA to amend FMVSS 

No. 121, by requesting that the agency 

issue a stay of the sunset date of March 

1, 2009 for the external ABS 

malfunction indicator lamp. CVSA 

stated that a stay would prevent a time 

gap in the regulation, while NHTSA 

continued to evaluate CVSA’s 2007 

petition. CVSA stated that the vehicle 

inspection process has already been 

complicated by the ABS and ABS 

malfunction indicator lamp 

requirements, and a time gap would 

further complicate the inspection 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 57395 

process and cause additional confusion 

for drivers and maintenance personnel. 

On March 3, 2009, NHTSA 

concurrently published an interim final 

rule extending the sunset date for the 

requirement by six months, to 

September 1, 2009 (74 FR 9173), and an 

NPRM to extend the requirement to 

March 1, 2011 (74 FR 9202). In the 

NPRM, NHTSA explained that it 

expected to be able to fully analyze and 

address the issues raised by the CVSA 

petitions prior to March 1, 2011. 

NHTSA also indicated that if it was able 

to fully resolve the outstanding issues it 

could make the requirement permanent 

in a final rule based on the NPRM. 

NHTSA determined in a final rule 

published on August 25, 2009 (74 FR 

42781) that the external lamp provides 

information that assists maintenance 

personnel and roadside inspectors, 

conveys important diagnostic data and 

supplies functional details critical for 

multiple trailer operations. NHTSA 

eliminated the sunset date and made the 

requirement for the external lamp 

permanent. 

NHTSA concluded that trailer 

maintenance operations would be more 

difficult if technicians had to couple a 

trailer to a post-2001 tractor or use 

additional specialized equipment in 

order to diagnose the state of a trailer’s 

ABS, when a standardized trailermounted lamp already provides the 

same information. This inconvenience 

could diminish the effectiveness of 

some maintenance operations. 

Furthermore, the external lamp provides 

both drivers and roadside inspectors 

information about multiple trailer 

combinations that is otherwise 

unavailable. Without it, the in-cab 

information can only indicate the 

existence of a malfunctioning trailer 

ABS. The external lamp, however, can 

pinpoint which trailer’s ABS is 

malfunctioning, allowing drivers or 

inspectors to take the appropriate 

remedial action. 

NHTSA noted that since it was 

making the requirement permanent 

because of the benefits the external 

lamp provides even when coupled with 

an in-cab trailer ABS indicator present 

on all tractors built after March 1, 2001, 

it was unnecessary to address the 

numbers of pre-2001 tractors that are 

still in use. 

NHTSA noted that in making the 

existing requirement permanent, it was 

not implying that this issue could not be 

readdressed in future rulemaking, if 

new developments made the 

requirement unnecessary. In its 

comments to the March 2009 NPRM, the 

American Trucking Associations stated 

that in the future, wireless 

transmissions of the vehicle fault 

messages will be the means of 

inspection, making external malfunction 

lamps obsolete. NHTSA noted that it 

would take appropriate action if future 

designs and new inspection and 

maintenance practices eliminated the 

need for external malfunction lamps. 

NHTSA found good cause to make its 

August 25, 2009 rule effective on 

August 31, one day before the 6-month 

extension of the requirement for an 

external malfunction indicator lamp 

expired. This effective date forestalled a 

time gap in the regulatory standard but 

did not result in any new burdens, since 

trailer manufacturers were already 

required to install the indicator lamp. 

V. Discussion of the Rule 

The FMCSA is using a direct final 

rule to promulgate this requirement 

because no adverse comments are 

expected. NHTSA found good cause to 

make the requirement for a malfunction 

indicator lamp permanent and FMCSA 

finds good cause to incorporate the 

same standard, as it is not expected to 

be controversial. This rule simply 

requires trailer operators to maintain in 

good order the malfunction indicator 

lamp NHTSA requires manufacturers to 

install. 

VI. Regulatory Analysis 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed the rule. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The FMCSA certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Comments submitted in response to this 

finding will be evaluated under the 

criteria in the ‘‘Regulatory Information’’ 

section of this preamble. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if the rule has a substantial 

direct effect on State or local 

governments and would either preempt 

State law or impose a substantial direct 

cost of compliance on them. We have 

analyzed this rule under that Order and 

have determined that it does not have 

federalism implications. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

G. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

H. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

I. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 


hsrobinson on DSK69SOYB1PROD with RULES
57396 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

J. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

K. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

L. Environment 

We have analyzed this rule under the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f) 

and FMCSA’s NEPA Implementing 

Procedures and Policy for Considering 

Environmental Impacts (FMCSA Order 

5610.1) paragraph 6.bb of Appendix 2, 

and have concluded that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. A Categorical Exclusion 

Determination is available for 

inspection or copying in the 

regulations.gov Web site listed under 

ADDRESSES. 

List of Subjects in 49 CFR Part 393 

Highway safety, Motor Carriers, Motor 

vehicle safety. 

■ For the reasons set forth in the 

preamble, FMCSA amends 49 CFR part 

393 as follows: 

PART 393—[AMENDED] 

■ 1. The authority citation for part 393 

continues to read as follows: 

Authority: 49 U.S.C. 322, 31136, 31151 

and 31502; sec. 1041(b), Pub. L. 102–240, 105 

Stat. 1914, 1993 (1991); and 49 CFR 1.73. 

■ 2. Amend § 393.55 by revising 

paragraph (e) to read as follows: 

§ 393.55 Antilock brake systems. 

* * * * * 

(e) Exterior ABS malfunction 

indicator lamps for trailers. Each trailer 

(including a trailer converter dolly) 

manufactured on or after March 1, 1998, 

and subject to the requirements of 

paragraph (c)(2) of this section, shall be 

equipped with an ABS malfunction 

indicator lamp which meets the 

requirements of FMVSS No. 121 (49 

CFR 571.121, S5.2.3.3). 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–23479 Filed 9–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 593 

[Docket No. NHTSA–2010–0125] 

List of Nonconforming Vehicles 

Decided To Be Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document revises the list 

of vehicles not originally manufactured 

to conform to the Federal Motor Vehicle 

Safety Standards (FMVSS) that NHTSA 

has decided to be eligible for 

importation. This list is published in an 

appendix to the agency’s regulations 

that prescribe procedures for import 

eligibility decisions. The list has been 

revised to add all vehicles that NHTSA 

has decided to be eligible for 

importation since October 1, 2009, and 

to remove all previously listed vehicles 

that are now more than 25 years old and 

need no longer comply with all 

applicable FMVSS to be lawfully 

imported. NHTSA is required by statute 

to publish this list annually in the 

Federal Register. 

DATES: The revised list of import eligible 

vehicles is effective on September 21, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–3151. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. 30141(a)(1)(A), a motor vehicle 

that was not originally manufactured to 

conform to all applicable FMVSS shall 

be refused admission into the United 

States unless NHTSA has decided that 

the motor vehicle is substantially 

similar to a motor vehicle originally 

manufactured for importation into and 

sale in the United States, certified under 

49 U.S.C. 30115, and of the same model 

year as the model of the motor vehicle 

to be compared, and 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 

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 the Secretary of 

Transportation decides to be adequate. 

Under 49 U.S.C. 30141(a)(1), import 

eligibility decisions may be made ‘‘on 

the initiative of the Secretary of 

Transportation or on petition of a 

manufacturer or importer registered 

under [49 U.S.C. 30141(c)].’’ The 

Secretary’s authority to make these 

decisions has been delegated to NHTSA. 

The agency publishes notices of 

eligibility decisions as they are made. 

Under 49 U.S.C. 30141(b)(2), a list of 

all vehicles for which import eligibility 

decisions have been made must be 

published annually in the Federal 

Register. On October 1, 1996, NHTSA 

added the list as an appendix to 49 CFR 

part 593, the regulations that establish 

procedures for import eligibility 

decisions (61 FR 51242). As described 

in the notice, NHTSA took that action 

to ensure that the list is more widely 

disseminated to government personnel 

who oversee vehicle imports and to 

interested members of the public. See 61 

FR 51242–43. In the notice, NHTSA 

expressed its intention to annually 

revise the list as published in the 

appendix to include any additional 

vehicles decided by the agency to be 

eligible for importation since the list 

was last published. See 61 FR 51243. 

The agency stated that issuance of the 

document announcing these revisions 

will fulfill the annual publication 


hsrobinson on DSK69SOYB1PROD with RULES