Interpretation ID: nht68-2.22

DATE: 06/18/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Bureau of Customs

TITLE: FMVSR INTERPRETATION

TEXT: I attach a copy of PL 90-283 which amends the National Traffic and Motor Vehicle Safety Act of 1955 by authorizing the Secretary of Transportation to temporarily exempt limited production motor vehicles from compliance with Federal motor vehicle safety standards after he has made certain specified findings. Vehicles of foreign manufacture so exempted and offered for importation will no longer bear "a valid certification as required by section 114" allowing such vehicles unrestricted entry pursuant to 19 C.F.R. @ 12.60(b)(1)(i), of the joint Treasury-Transportation Regulations.

You will see from the attached Interim Procedures which have been adopted by the Federal Highway Administration that, in lieu of section 114 certification, exempted vehicles will bear a permanently affixed label or tag and a temporarily affixed label both stating the fact of temporary exemption and listing the standards for which exemption has been granted. To allow exempted vehicles unrestricted entry I suggest that 19 C.F.R. @ 12.80(b)(1) be amended to add new subparagraph (iii) which would read as follows:

"(iii) (for vehicles only) it bears information as required by regulations issued under section 123 (PL, 90-283) of the National Traffic and Motor vehicle Safety Act of 1966 (a label or tag permanently affixed to such vehicle stating that it has been exempted from certain safety standards and listing the safety standards from which it has been exempted, together with a label containing the same information affixed to the windshield or a side window of such vehicle)."

We anticipate that the Final Procedures to be adopted later this year will require a vehicle to bear information substantially the same as that required by the Interim Procedures.

I would appreciate it if you would commence whatever action is necessary under Customs regulations to amend the Joint Regulations.