FEDERAL REG

SOR/2016-318: Regulations Amending the Motor Vehicle Safety Regulations (Standards 207, 208, 209, 301.1, 301.2, 1106, 1201 and 1202)

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
December 16, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Standards 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity, incorporated by reference outdated testing standards, resulting in vehicle manufacturers testing vehicles using these outdated testing standards in order to comply with the ... (Click for more)


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Published on December 16, 2016

Bill Summary

SOR/2016-318: Regulations Amending the Motor Vehicle Safety Regulations (Standards 207, 208, 209, 301.1, 301.2, 1106, 1201 and 1202)

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Standards 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity, incorporated by reference outdated testing standards, resulting in vehicle manufacturers testing vehicles using these outdated testing standards in order to comply with the regulatory requirements. Section 1106, Noise Emissions, contains the requirements related to noise emissions for various vehicle types. The previous version of the noise emissions requirements incorporated by reference testing procedures that were outdated and prevented new technologies from being implemented in the marketplace. Key industry stakeholders had requested that the outdated noise emissions provisions be replaced with updated testing standards that are appropriate for the new technologies now being brought to market by these stakeholders. The previous snowmobile requirements incorporated by reference standards that were either out of date or were no longer in place, and have been replaced with new standards. Some requirements had also become obsolete. The Motor Vehicle Safety Act (MVSA) was recently amended. Subsection 12(4) of the MVSA was repealed, which means that a section of the Motor Vehicle Safety Regulations (MVSR) that incorporates by reference a Technical Standards Document (TSD) is no longer required to specify the date on which the section expires. As a result, the expiry date was removed from section 209, Seat Belt Assemblies. Objectives This amendment updates several outdated testing standards so that stakeholders use more recent versions. Description and rationale This amendment updates Standards 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity. These Standards incorporate by reference more recent testing standards. Standard 1106, Noise Emissions, governs noise emissions of newly manufactured motor vehicles. The Canadian Vehicle Manufacturers’ Association (CVMA), representing FCA Canada Inc., Ford Motor Company of Canada Limited and General Motors of Canada Company, submitted a letter to the Department of Transport (the Department) on January 14, 2011. They stated that the Department should incorporate by reference the latest Society of Automotive Engineers (SAE) test standard, SAE J2805. SAE J2805 was developed in cooperation with the International Organization for Standardization (ISO) to be equivalent to its standard ISO 362-1. ISO 362-1 is also the technical basis for noise testing conducted in other markets. After assessing the SAE standard, the Department has decided to incorporate by reference the ISO standard directly into the MVSR, due to the fact that it is more up to date than SAE J2805. The incorporation by reference of ISO 362-1 provides manufacturers with a widely accepted method of testing, and one that provides a greater level of technology neutrality. There are further updates in Standard 1106, Noise Emissions. The SAE legacy standard J986 is being phased out. The latest (R41.04) series of amendments to the UNECE Regulation No. 41, Uniform provisions concerning the approval of motor cycles with regard to noise, is incorporated by reference. As well, the most current R51.03 series of amendments to the UNECE Regulation No. 51, Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their noise emissions, is incorporated by reference. Section 1201, Snowmobile Standards, sets out the regulatory requirements governing snowmobiles. According to this section, snowmobiles must comply with standards published by the Snowmobile Safety and Certification Committee, Inc. (SSCC), a North American non-profit association that has developed safety standards for the manufacture and certification of snowmobiles. These standards are contained in SSCC/11, Safety Standards for Snowmobile Product Certification, and in the supplement to SSCC/11, Detailed Standards and Testing Specifications and Procedures. The March 11, 2011, update by the SSCC of the Safety Standards for Snowmobile Product Certification and the accompanying supplement have been incorporated by reference in these amendments. The MVSR amendments update the safety requirements by replacing the reference to the February 6, 2003, version of the SSCC standards and accompanying supplement with a reference to the March 11, 2011, version. These updated SSCC standards adopt a new method of referencing SAE standards by adding a publication date to the reference. This will provide further clarity for the regulatee by removing the ambiguity regarding which version of a standard applies for compliance purposes. Section 1202, Snowmobile Cutters, has set out the regulatory requirements governing snowmobile cutters. A snowmobile cutter is a type of towed trailer used to transport people. Snowmobile cutters are no longer manufactured by the mainstream snowmobile makers. To the Department’s knowledge, there are no compliance concerns regarding these devices. In an effort to streamline the Regulations, section 1202 is repealed. Section 301.1, LPG Fuel System Integrity, sets out regulatory requirements governing vehicles equipped with a fuel system that uses liquefied petroleum gas as a source of energy for propulsion. The MVSR no longer incorporate by reference National Standard of Canada CAN/CGA-12.2, Propane Fuel System Components for Use on Highway Vehicles, as this standard has been withdrawn. Section 301.2, CNG Fuel System Integrity, sets out regulatory requirements governing vehicles equipped with a fuel system that uses compressed natural gas as a source of energy for propulsion. This amendment includes a change in terminology and updates to the titles of certain standards incorporated by reference into the MVSR. The amendment also includes minor changes to correct inconsistencies in Standards 207, Anchorage of Seats, 208, Occupant Protection in Frontal Impacts, and 209, Seat Belt Assemblies. “One-for-One” Rule The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs to businesses. Small business lens The small business lens does not apply to these amendments, as the vast majority of motor vehicle manufacturers selling into the Canadian marketplace are not small businesses and are not domiciled in Canada. Consultation The proposed amendments were published in the Canada Gazette, Part I, on February 7, 2015, followed by a 75-day comment period. The Part I publication resulted in submissions from seven different stakeholders. Written submissions were received from the General Motors of Canada Company, Dr. Ing. h.c. F. Porsche AG, ISO, the Motorcycle and Moped Industry Council (MMIC), Ford Motor Company of Canada Limited, the CVMA and the Global Automakers of Canada. All submissions referred solely to CMVSS 1106. The MMIC requested that section 3 of CMVSS 1106 allow the 04 series of amendments of the UNECE motorcycle noise Regulation No. 41 (R41.04), as an additional self-certification option. The Department has granted this request since this UNECE Regulation has become the main required means of obtaining type approval for new motorcycle designs in numerous countries around the world. Thus the Department has included R41.04 as a self-certification option for motorcycles. The Department received several comments requesting that noise emissions testing in accordance with ISO 362-1:2015 be included in the Canadian regulation. ISO 362-1:2015 is the most recent version of ISO 362-1 at the time of writing. The Canada Gazette, Part I, publication had referenced ISO 362-1:2007, which was the most current version available when the Part I submission was prepared. The 2015 version of ISO 362-1 retains the technical testing principles of the 2007 version while adding important provisions for hybrid and electric vehicles, as well as for advanced driveline systems such as multispeed transmissions. There is obvious merit to providing self-certification opportunities for a wider range of advanced vehicle technologies, thus the Department has incorporated the 2015 version. The Department received comments requesting clarification of the sound level limit wording “...when a value of 2 dB is subtracted from the highest average sound level recorded during the test...” in relation to ISO 362-1:2007. Notably, similar generic wording was also being used in the provisions referring to Test Method 1106, SAE Standard J1470, SAE Recommended Practice J986, Vol. 45, No. 252, Part 205, Chapter I, Title 40 of the United States Code of Federal Regulations, and 205.54-1, subpart B, part 205, Chapter I, Title 40 of the United States Code of Federal Regulations. The ISO 362-1 methodology results in multiple intermediate values which are then evaluated to reach a final value. In response to these comments, the Department has amended the applicable provisions to explicitly refer to the appropriate final values using the terminology found in the documents incorporated by reference. There were several requests to use the latest (series 03) version of the UNECE vehicle noise Regulation No. 51 (R51.03). Since R51.03 incorporates the technical revisions of ISO 362-1:2015, the Department has also included R51.03 as an alternative means of compliance. Implementation, enforcement and service standards Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the MVSA and its regulations. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. In addition, when a manufacturer or importer identifies a defect in a vehicle or equipment, it must issue a Notice of Defect to the owners and to the Minister of Transport. Any person or company that contravenes a provision of the MVSA or its regulations is guilty of an offence and liable to the applicable penalty set out in the Act. Contact Roland Jonasch Senior Regulatory Development Engineer Motor Vehicle Safety Transport Canada 330 Sparks Street, 11th Floor Ottawa (Ontario) K1A 0N5 Email: [email protected] Footnote a S.C. 2014, c. 20, ss. 216(1) and (2) Footnote b S.C. 2014, c. 20, s. 223(1) Footnote c S.C. 1993, c. 16 Footnote 1 C.R.C., c. 1038

This Bill does not amend any statutes.

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