[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6887-6889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4013]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-27; Notice 2]
Decision That Nonconforming 1994 Volvo 945 GL Wagons Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1994 Volvo 945
GL Wagons are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1994 Volvo
945 GL Wagons 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 1994 Volvo 940 GL Wagon), and they are capable of
being readily altered to conform to the standards.
DATE: This decision is effective as of the date of its publication in
the Federal Register (February 22, 1996).
FOR FURTHER INFORMATION CONTACT:
George Entwistle, 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.
Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered
Importer No. R-90-009) petitioned NHTSA to decide whether 1994 Volvo
945 GL Wagon passenger cars are eligible for importation into the
United States. NHTSA published notice of the petition on May 1, 1995
(60 FR 21235) to afford an opportunity for public comment. As stated in
the notice, the vehicle which Champagne believes is substantially
similar is the 1994 Volvo 940 GL Wagon. Champagne submitted information
indicating that the 1994 Volvo 940 GL Wagon was certified as conforming
to all applicable Federal motor vehicle safety standards and offered
for sale in the United States.
Champagne submitted information with its petition intended to
demonstrate that the 1994 Volvo 945 GL Wagon, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as the 1994 Volvo 940 GL Wagon, or is capable of
being readily altered to conform to those standards.
Specifically, the petitioner claimed that the 1994 Volvo 945 GL
Wagon is identical to the 1994 Volvo 940 GL Wagon 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 Accelerator Control Systems, 201 Occupant
Protection in Interior Impact, 202 Head Restraints, 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, 216 Roof Crush Resistance,
219 Windshield Zone Intrusion, and 302 Flammability of Interior
Materials.
Additionally, the petitioner stated that the 1994 Volvo 940 GL
Wagon complies with the Bumper Standard found in 49 CFR part 581.
Petitioner also contended 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) installation of a seat belt warning lamp; (c)
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; (b) installation of U.S.--model
front and rear sidemarker/reflector assemblies; (c) installation of
U.S.--model taillamp assemblies; (d) installation of a high mounted
stop lamp.
[[Page 6888]]
Standard No. 110 Tire Selection and Rims: Installation of a tire
information placard.
Standard No. 111 Rearview Mirrors: Replacement of the passenger
side rear view mirror, which is convex, but lacks the required warning
statement.
Standard No. 114 Theft Protection: Installation of a buzzer
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. 118 Power Window Systems: Rewiring of the power window
system so that the window transport is inoperative when the ignition is
switched off.
Standard No. 208 Occupant Crash Protection: (a) Installation of a
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat retractor; (b)
installation of an ignition switch-actuated seat belt warning lamp and
buzzer; (c) installation of a U.S.-model driver's side air bag and knee
bolster. The petitioner stated that the vehicle is also equipped in
both front seating positions with combination lap and shoulder belts
that adjust by means of an automatic retractor and release by means of
a single push button. The petitioner further stated that the vehicle is
equipped at each rear outboard seating position with a lap and shoulder
belt and with a lap belt at the rear center seating position.
Standard No. 214 Side Impact Protection: Installation of
reinforcing beams.
Standard No. 301 Fuel System Integrity: Installation of a rollover
valve in the fuel tank vent line between the fuel tank and the
evaporative emissions collection canister.
One comment was received in response to the notice of the petition,
from Volvo Cars of North America, Inc., (``Volvo''), the United States
representative of the vehicle's manufacturer, Volvo Car Corporation of
Gothenburg, Sweden. In its comment, Volvo stated that in addition to
the noncompliances noted by the petitioner, the 1994 Volvo 945 GL Wagon
is equipped with a parking brake indicator light and an anti-lock brake
system malfunction light that do not comply with Standard No. 101.
Volvo also stated that it does not manufacture sealed beam headlamps
for 1994 Volvo 945 GL Wagon that would comply with Standard No. 108, or
know of such equipment being manufactured by any other company, and
that none of the vehicle's external lamps comply with the standard.
Volvo further stated that the vehicle's driver side rearview mirror
does not comply with Standard No. 111, that it lacks a key-interlock
system that would comply with Standard No. 114, and that it is neither
equipped with U.S.-model bumpers nor been tested for compliance with
the Bumper Standard, 49 CFR part 581.
Volvo's last comment was that the 1994 Volvo 945 GL Wagon is not
equipped with a passenger side air bag and knee bolster, as found on
the U.S. certified 1994 Volvo 945 GL Wagon. Volvo contends that these
components are part of a ``complex and sensitive system which is
integrated into the vehicle,'' and that it is not possible to retrofit
such a system ``while still assuring system reliability.'' As a
consequence, Volvo contends that the 1944 Volvo 945 GL Wagon is not
capable of being readily altered to conform to the Federal motor
vehicle safety standards.
NHTSA accorded Champagne an opportunity to respond to Volvo's
comments. In its response, Champagne stated that it will install U.S.-
model brake indicator and an anti-lock brake system malfunction lights
to address the concerns that Volvo raised regarding compliance with
Standard No. 101. Champagne further stated that it will replace the
headlights on the 1994 Volvo 945 GL Wagon with U.S.-model components to
assure compliance with Standard No. 108, and that its petition already
addressed all other issues regarding this standard that were raised by
Volvo. Champagne stated that it will replace the driver side rearview
mirror with a U.S. model component to assure compliance with Standard
No. 111. Champagne contended that its petition already addressed the
Standard No. 114 compliance issue raised by Volvo. Champagne further
contended that the bumper system on the 1994 Volvo 945 GL Wagon,
consisting of an outer cover, a reinforcement bar, and impact
absorbers.
In response to the Standard No. 208 compliance issue raised by
Volvo, Champagne stated that it will install a passenger side air bag
and related components in the 1994 Volvo 945 GL Wagon. These components
will have the same part numbers as those found on U.S. certified 1994
Volvo 945 GL Wagon. Champagne stated that the installation of a
passenger side air bag ``is a straightforward procedure,'' and that it
has the technical ability to complete the installation, and have it
comply with Standard No. 208, based on Champagne's past experience in
installing this type of system on other foreign automobiles.
NHTSA has reviewed each of the issues that Volvo has raised
regarding Champagne's petition. NHTSA believes that Champagne's
responses adequately address each of those issues. NHTSA further notes
that the modifications described by Champagne to achieve compliance
with Standard Nos. 101, 108, 111, and 114 have been performed with
relative ease on thousands of nonconforming vehicles imported over the
years, and would not preclude the 1994 Volvo 945 GL Wagon from being
found ``capable of being readily modified to comply with all Federal
motor vehicle safety standards.'' NHTSA also believes that the need to
install a passenger side air bag to achieve compliance with Standard
No. 208 would not preclude such a finding, given the nature of the
modifications described by Champagne. However, in view of the concerns
that Volvo has raised regarding this issue, NHTSA will closely monitor
conformity statements to ensure that passenger side air bags are
installed on imported vehicles in a manner that conforms to the
requirements of Standard No. 208. NHTSA finally notes that because the
Bumper Standard is not a Federal motor vehicle safety standard, issues
regarding a vehicle's capability of compliance with the Bumper Standard
are immaterial to a decision as to whether it is eligible for
importation. Imported vehicles, of course, must nevertheless be brought
into compliance with the bumper standard. 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-132 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 1994 Volvo 945 GL Wagon not originally manufactured to comply
with all applicable Federal motor vehicle safety standards is
substantially similar to a 1994 Volvo 940 GL Wagon originally
manufactured for importation into and sale in the United States and
certified under 49 U.S.C. 30115, and is capable of being readily
altered to conform to all applicable Federal motor vehicle safety
standards.
[[Page 6889]]
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: February 16, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-4013 Filed 2-21-96; 8:45 am]
BILLING CODE 4910-59-M
