[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10069-10070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5077]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3513]
Decision That Nonconforming 1972-1979 Volkswagen Beetle
Convertibles and 1972-1977 Volkswagen Beetle Sedans Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1972-1979
Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle Sedans
are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1972-1979
Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle Sedans
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 vehicles originally
manufactured for importation into and sale in the United States and
certified by their manufacturer as complying with the safety standards
(the U.S. certified version of the 1972-1979 Volkswagen Beetle
Convertible and 1972-1977 Volkswagen Beetle Sedan), and they are
capable of being readily altered to conform to the standards.
DATE: This decision is effective February 27, 1998.
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), 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, 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 (``Champagne'')
(Registered Importer 90-009) petitioned NHTSA to decide whether 1972-
1979 Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle
Sedans are eligible for importation into the United States. NHTSA
published notice of the petition under Docket No. 97-066; Notice 1 on
September 30, 1997 (62
[[Page 10070]]
FR 51179) to afford an opportunity for public comment. The reader is
referred to that notice for a thorough description of the petition.
One comment was received in response to the notice of the petition,
from Volkswagen of America, Inc. (``Volkswagen''), the United States
representative of Volkswagenwerke A.G., the vehicles' manufacturer. In
this comment, Volkswagen stated that because the Volkswagen Beetle was
provided for the United States market in a number of configurations
during the 1972-1979 model years, it is not possible to establish
standardized modification requirements for all of the vehicles
available during those years. Volkswagen noted that there were
differences in equipment and construction between the Custom Beetle
series, the Super Beetle series, and the Convertible series that were
manufactured during the 1972-1979 model years. As a consequence,
Volkswagen contended that it would be necessary to compare vehicles by
model year and series to their U.S. certified counterparts to determine
which modifications would be necessary to achieve full compliance with
all applicable Federal motor vehicle safety standards.
Volkswagen also contended that modifications would have to be
performed on the vehicles to meet standards in addition to those
identified by Champagne. Specifically, Volkswagen stated that non-U.S.
certified Beetles would have to be equipped with different wiper blades
and wiper arms to meet Standard No. 103, Windshield Defrosting and
Defogging Systems, and 104, Windshield Wiping and Washing Systems.
Volkswagen also noted that non-U.S. certified Beetles may have to be
equipped with different tires to meet Standard No. 109, New Pneumatic
Tires. Volkswagen further contended that U.S. certified Beetles were
equipped with head restraints or high backed seats to meet Standard No.
202, Head Restraints, and that non-U.S certified models would have to
be similarly equipped before they could meet that standard.
Additionally, Volkswagen observed that some steering wheel
configurations on non-U.S. certified Beetles may not comply with
Standard No. 203, Impact Protection for the Driver from the Steering
Control System. Volkswagen also noted that non-U.S. certified Beetles
in some cases were not equipped with laminated windshields, as required
by Standard No. 205, Glazing Materials. Volkswagen further contended
that in order to meet Standard No. 208, Occupant Crash Protection, the
seat belts in non-U.S. certified Beetles would have to be compared to
those on their U.S. certified counterparts and replaced if their part
numbers were not the same. Although it acknowledged that non-U.S.
certified Beetles have doors with side impact bars, Volkswagen stated
that these vehicles may have door latches and hinges that differ from
those on U.S. certified models, and that these components would have to
be replaced for the vehicles to comply with Standard No. 214, Side
Impact Protection. Additionally, Volkswagen contended that non-U.S.
certified Beetles have different windshields and incorporate different
windshield mounting methods than those used on U.S. certified models,
affecting the vehicles' compliance with Standard Nos. 212, Windshield
Mounting, and 219, Windshield Zone Intrusion. Finally, Volkswagen
contended that in order to determine whether a non-U.S. certified
Beetle complies with the Bumper Standard found in 49 CFR Part 581, not
only must the bumper components themselves be compared to those on U.S.
certified models, but the bumper reinforcements and upgraded body
structure elements must be compared as well.
NHTSA accorded Champagne an opportunity to respond to Volkswagen's
comment. In its response, Champagne stated that it will compare the
wiper blades and wiper arms on all non-U.S. certified Beetles that it
imports to those found on U.S. certified models and replace any such
components that are not identical to assure compliance with Standard
Nos. 103 and 104. Champagne stated that it will perform a similar
comparison and component replacement, where necessary, to assure that
the vehicles are equipped with tires that meet Standard No. 109, with
headrests or seats that meet Standard No. 202, with steering wheels
that meet Standard No. 213, with glazing that meets Standard No. 205,
with seat belts that meet Standard No. 208, and with windshields that
are installed in compliance with Standard Nos. 212 and 219. Champagne
disputed Volkswagen's contention that some non-U.S. certified Beetles
do not comply with Standard No. 203 and have door hinges and latches
that do not meet Standard No. 214. Champagne contended that the
installation of side impact beams is the only modification necessary to
conform a non-U.S. certified Beetle to Standard No. 214. Additionally,
Champagne denied that it would be necessary to reinforce or upgrade
body or structural elements for a non-U.S. certified Beetle to meet the
Bumper Standard. Champagne contended instead that the structural
mounting points for both U.S. certified and non-U.S. certified models
are identical. In conclusion, Champagne confirmed that each vehicle it
imports under the petition would be reviewed on a case-by-case basis to
assure that any nonconformity is addressed during the conversion
process.
NHTSA believes that Champagne's response adequately addresses the
issues that Volkswagen has raised regarding the petition. NHTSA further
notes that the modifications described by Champagne, which have been
performed with relative ease on thousands of motor vehicles imported
over the years, would not preclude non-U.S. certified Volkswagen
Beetles from being found ``capable of being readily altered to comply
with applicable 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-237 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that 1972-1979 Volkswagen Beetle Convertibles and 1972-1977 Volkswagen
Beetle Sedans are substantially similar to 1972-1979 Volkswagen Beetle
Convertibles and 1972-1977 Volkswagen Beetle Sedans car originally
manufactured for importation into and sale in the United States and
certified under 49 U.S.C. Sec. 30115, and are 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: February 23, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-5077 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-59-P
