[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24298]
[[Page Unknown]]
[Federal Register: October 3, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-82; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1989 Audi 100 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1989 Audi 100 passenger cars are eligible for importation.
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SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that a 1989
Audi 100 that was not originally manufactured to comply with all
applicable Federal motor vehicle safety standards is eligible for
importation into the United States because (1) it is substantially
similar to a vehicle that was originally manufactured for importation
into and sale in the United States and that was certified by its
manufacturer as complying with the safety standards, and (2) it is
capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is November 2,
1994.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington, DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.].
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section
108(c)(3)(A)(i)(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. Sec. 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 90-006) has petitioned NHTSA to decide whether 1989 Audi 100
passenger cars are eligible for importation into the United States. The
vehicle which J.K. believes is substantially similar is the 1989 Audi
100 that was manufactured for importation into, and sale in, the United
States and certified by its manufacturer as conforming to all
applicable Federal motor vehicle safety standards.
The petitioner claims that it carefully compared the non-U.S.
certified 1989 Audi 100 to its U.S. certified counterpart, and found
the two vehicles to be substantially similar with respect to compliance
with most Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that the non-U.S. certified 1989 Audi 100, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as its U.S. certified counterpart, or is capable of
being readily altered to conform to those standards.
Specifically, the petitioner claims that the non-U.S. certified
1989 Audi 100 is identical to its U.S. certified counterpart with
respect to compliance with Standards Nos. 102 Transmission Shift Lever
Sequence. * * *, 103 Defrosting and Defrosting 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 Accelerator 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 Reaward 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 contends that the vehicle is capable of being
readily altered 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; (b)
installation of U.S.-model taillamp lenses which incorporate rear
sidemarkers; (c) installation of a high mounted stop lamp.
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 and a warning buzzer in the steering lock assembly.
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: installation of a seat
belt warning buzzer, wired to the seat belt latch.
Additionally, the petitioner states that the bumpers on the non-
U.S. certified 1989 Audi 100 must be reinforced to comply with the
Bumper Standard found in 49 CFR Part 581.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Section, National Highway Traffic Safety
Administration, Room 5109, 400 Seventh Street SW., Washington, DC
20590. It is requested but not required that 10 copies be submitted.
All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above address both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.
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.
Issue on: September 26, 1994.
Willian A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-24298 Filed 9-30-94; 8:45 am]
BILLING CODE 4910-59-M
