[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Notices]
[Pages 3022-3024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-754]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-55; Notice 2]
Decision That Nonconforming 1993 Volkswagen Golf III Passenger
Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA) DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1993 Volkswagen
Golf III passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1993
Volkswagen Golf III passenger cars not originally manufactured to
comply with all applicable Federal motor vehicle safety standards are
eligible for importation into the United States because they are
substantially similar to a vehicle originally manufactured for
importation into and sale in the United States and certified by its
manufacturer as complying with the safety standards (the U.S.-certified
version of the 1993 Volkswagen Golf III), and they are capable of being
readily altered to conform to the standards.
DATES: This decision is effective January 12, 1995.
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i) of
the National Traffic and Motor Vehicle Safety Act (the Act)), a motor
vehicle that was not originally manufactured to conform to all
applicable Federal motor vehicle safety standards 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 (formerly section 114 of the Act), 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 Federal motor vehicle safety standards.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered
Importer R-90-006) petitioned NHTSA to decide whether 1993 Volkswagen
Golf III passenger cars are eligible for importation into the United
States. NHTSA published notice of the petition on July 20, 1993 (59 FR
37124) to afford an opportunity for public comment. The notice
identified the vehicle that is the subject of the petition as the
``1994 Volkswagen Golf III.'' In its comments responding to the notice,
Volkswagen, the vehicle's manufacturer stated that the vehicle
identification number (VIN) assigned to the specific vehicle that the
petitioner seeks to import identifies that vehicle as a 1993 model.
After being apprised of this comment, the petitioner acknowledged that
the petition was in error, and that the manufacturer properly
identified the vehicle as a 1993 model. In view of this correction,
this notice describes the petition as pertaining to a 1993 model
vehicle.
As stated in the notice of the petition, the vehicle that J.K.
claimed to be substantially similar is the version of the 1993
Volkswagen Golf III that was manufactured for importation into and sale
in the United States and certified by its manufacturer, Volkswagenwerke
A.G., as conforming to all applicable Federal motor vehicle safety
standards. The petitioner claimed that it had carefully compared the
two vehicles, and found them to be substantially similar with respect
to compliance with most applicable Federal motor vehicle safety
standards.
Specifically, the petitioner claimed that the non-U.S. certified
1993 Volkswagen Golf III is identical to its U.S. certified counterpart
with respect to compliance with Standard Nos. 102 Transmission Shift
Lever Sequence * * *, 103 Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 105 Hydraulic Brake Systems,
106 Brake Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires,
113 Hood Latch Systems, 116 Brake Fluid, 124 Accelertor Control
Systems, 201 Occupant Protection in Interior Impact, 202 Head
Restraints, 203 Impact Protection for the Driver from the Steering
Control System, 204 Steering Control Rearward Displacement, 205
Glazing Materials, 206 Door Locks and Door Retention Components, 207
Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly
Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield
Retention, 214 Side Door Strength, 216 Roof Crush Resistance, 219
Windshield Zone Intrusion, 301 Fuel System Integrity, and 302
Flammability of Interior Materials.
Petitioner also contended that the vehicle is capable of being
readily modified to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: (a) Substitution of a lens
marked ``Brake'' for a lens with an ECE symbol on the brake failure
indicator lamp; (b) recalibration of the speedometer/odometer from
kilometers to miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamp assemblies which
incorporate sealed beam headlamps and front sidemarkers; (b)
installation of U.S.-model taillamp assemblies which incorporate rear
sidemarkers; (c) installation of a high mounted stop lamp; (d)
replacement of bulb failure modules with U.S.-model components.
Standard No. 110 Tire Selection and Rims: Installation of a tire
information placard.
Standard No. 111 Rearview Mirror: Replacement of the passenger
side rearview mirror with a U.S.-model component.
Standard No. 114 Theft Protection: Installation of a key
microswitch in the steering lock assembly, and a warning buzzer.
Standard No. 115 Vehicle Identification Number: Installation of a
VIN plate that can be read from outside the left windshield pillar, and
a VIN reference label on the edge of the door or latch post nearest the
driver.
Standard No. 208 Occupant Crash Protection: (a) Installation of a
seat belt warning buzzer, wired to the seatbelt latch; (b) installation
of a passive restraint system consisting of a door-anchored automatic
belts and a knee [[Page 3023]] bolster. The petitioner noted that the
non-U.S. certified 1993 Volkswagen Golf III is supplied with mounting
points and bolt holes for the installation of this equipment and that
no structural changes are necessary.
Additionally, the petitioner stated that bumper shocks must be
installed on the non-U.S. certified 1993 Volkswagen Golf III to comply
with the Bumper Standard found in 49 CFR Part 581. The petitioner
further noted that it may be necessary to install a U.S.-model bumper
cover on some vehicles to accommodate the market lights.
One comment was received in response to the notice of the petition,
from Volkswagen of America, Inc. (``Volkswagen''), the United States
representative of the vehicle's manufacturer. In its comment,
Volkswagen stated that in order to conform the non-U.S. certified 1993
Volkswagen Golf III to the requirements of Standard No. 108, all of the
vehicle's lamps would have to be changed because they all lack DOT
certification markings. Additionally, Volkswagen noted that sidemarkers
and a high mounted stop lamp would have to be added to the vehicle,
requiring wiring harness connections, and that the headlamp bulb
connector plug must be changed to accommodate a U.S.-model headlamp.
Volkswagen further claimed that there are major differences between
the U.S. certified and non-U.S. certified versions of the 1993
Volkswagen Golf III that affect compliance with Standard Nos. 207, 209,
and 210. Specifically, Volkswagen stated that the non-U.S. certified
version of the vehicle is equipped with a smaller engine (1.8 vs. 2.0
liters) that has its intake manifold mounted closer to the firewall,
and that this difference could affect the manner in which the engine
contacts the vehicle structure during frontal crash tests. Volkswagen
further noted that the grill and radiator support structure in the non-
U.S. certified 1993 Volkswagen Golf III is made from plastic rather
than metal, and that this difference could affect energy absorption
characteristics that have a bearing on frontal crash test performance.
Volkswagen also stated that in order to comply with Standard Nos.
207, 108 and 210, seat tracks that are welded to the floor on the non-
U.S. certified 1993 Volkswagen Golf III would have to be removed and
replaced with U.S.-model equipment. Volkswagen noted that the seat
adjustment positions are different on U.S.-certified vehicles in order
to assure crash test compliance for this vehicle, which is equipped
with automatic shoulder belts to meet the passive restraint
requirements of Standard No. 208. Volkswagen also noted that because
the retractor for the automatic should belt is anchored to the vehicle
tunnel, an anchorage reinforcement structure must be welded in place on
non-U.S. certified models to assure compliance with Standard No. 210.
Additionally, Volkswagen asserted that a manual lap belt would have to
be installed for the non-U.S. certified Volkswagen Golf III to be
equivalent to its U.S. certified counterpart. Volkswagen further noted
that even if the restraint system and seat components were to be
modified on the non-U.S. certified 1993 Volkswagen Golf III, there is
no assurance that the vehicle would comply with Standards 207, 208, and
210 unless the petitioner conducts a full scale crash test on a
modified vehicle.
Volkswagen also stated that, in order to comply with the Bumper
Standard found in 49 CFR Part 581, the front and rear bumpers on the
non-U.S. certified 1993 Volkswagen Golf III must be replaced with U.S.-
model components. Volkswagen claimed that this would require
modifications to the frame attachment points for the front and rear
bumper that could also affect Standard No. 208 crash test performance.
Volkswagen concluded its comments by asserting that ``substantial
similarities between the European and the United States certified
versions of the Golf III vehicle are lacking and that the European
version cannot readily be modified to conform to U.S. standards.''
NHTSA accorded J.K. an opportunity to respond to Volkswagen's
comments. In its response, J.K. stated that in order to install U.S.-
model headlights and marker lights on a non-U.S. certified 1993
Volkswagen Golf III, it must change everything on the front end of the
vehicle except for the front fenders. In the process, J.K. asserts that
all of the plastic front end parts that Volkswagen referred to in its
discussion of Standard No. 208 are eliminated and replaced with U.S.-
model steel parts that are bolted to existing mounting points,
eliminating the need for any cutting or welding.
With respect to the Standard No. 208 compliance issues raised by
Volkswagen, J.K. stated that the intake manifold on the non-U.S.
certified 1993 Volkswagen Golf III's 1.8 liter engine is only one
quarter of an inch closer to the firewall than the intake manifold on
the 2.0 liter engine of its U.S. certified counterpart. J.K. asserts
that this difference will not affect the crashworthiness of the non-
U.S. certified vehicle.
Addressing Volkswagen's comments on Standard No. 210, J.K. stated
that it examined the seat tracks on the non-U.S. certified 1993
Volkswagen Golf III, and found them to bear U.S. part numbers. As as
consequence, J.K. stated that it was able to bolt manual lap belts to
the seats without the need for modifications. Additionally, J.K.
asserted that it carefully compared the tack and seat angle of the non-
U.S. certified 1993 Volkswagen Golf III to that of its U.S. certified
counterpart, and found these characteristics to be identical. J.K.
further asserted that in order to install center passive restraint belt
retractors on the non-U.S. certified 1993 Volkswagen Golf III, it
replaced the entire center console with a U.S. model component, which
could be bolted into existing holes without the need for modifications.
With respect to the Bumper Standard issues raised by Volkswagen,
J.K. stated that the front bumper bolts directly to the new steel front
end that it installs on the non-U.S. certified 1993 Volkswagen Gold III
to accommodate U.S.-model headlamps. J.K. further asserted that it adds
a reinforcing beam to assure compliance with the Bumper Standard, and
that with these modifications, the vehicle meets or exceeds that
standard's requirements.
NHTSA accorded Volkswagen an opportunity to respond to J.K.'s
comments. In its response, Volkswagen stated that the inboard front
seat tracks are identical on the U.S. certified and non-U.S. certified
versions of the 1993 Volkswagen Golf III, but that the outboard tracks
differ so that U.S. certified models can meet Standard 208 passive
restraint requirements. Volkswagen further contended that in order to
assure compliance with Standard No. 210, reinforcement plates must be
welded to the tunnel for mounting the passive restraint retractor
assembly. Volkswagen finally asserted that without conducting crash
tests, J.K. ``relies on intuition to justify FMVSS 208 compliance.''
NHTSA accorded J.K. an opportunity to respond to these comments. In
its response, J.K. stated that European and U.S.-model seat tracks
cannot be interchanged on the 1993 Volkswagen Golf III. J.K. further
asserted that Volkswagen equipped U.S.-model seat tracks on both the
U.S.- and the non-U.S. certified versions of the vehicle after the
company completed U.S. crash tests on the vehicle. J.K. additionally
stated that it added reinforcement plates to the tunnel between the
seats, on which it bolted the new seat retractors. J.K. finally
observed that even if Volkswagen has not crash tested a 1993
[[Page 3024]] Volkswagen Golf III with a 1.8 liter engine, the company
did conduct such tests on the same vehicles equipped with 2.0 liter and
V6 engines. J.K. contended that because of its lower mass and reduced
inertia impact testing, a vehicle equipped with a 1.8 liter engine
would yield better results than vehicles equipped with larger engines.
NHTSA has reviewed each of the issues that Volkswagen has raised
regarding J.K.'s petition. NHTSA believes that J.K.'s responses
adequately address each of those issues. NHTSA further notes that the
modifications described by J.K. have been performed with relative ease
on thousands of nonconforming vehicles imported over the years, and
would not preclude the non-U.S. certified Volkswagen Golf III from
being found ``capable of being readily modified to comply with all
Federal motor vehicle safety standards.''
NHTSA has accordingly decided to grant the petition.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VSP 92 is the vehicle eligibility number assigned to vehicles
admissible under this decision.
Final Determination
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that a 1993 Volkswagen Golf III not originally manufactured to comply
with all applicable Federal motor vehicle safety standards is
substantially similar to a 1993 Volkswagen Golf III originally
manufactured for importation into and sale in the United States and
certified under 49 U.S.C. Sec. 30115, and is capable of being readily
altered to conform to all applicable Federal motor vehicle safety
standards.
Authority: 49 U.S.C. 30141 (a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: January 6, 1995.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-754 Filed 1-11-95; 8:45 am]
BILLING CODE 4910-59-M
