[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25894-25895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12438]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3803]
Decision That Nonconforming 1993 Audi 100 Passenger Cars Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1993 Audi 100
passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1993 Audi 100
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 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
1993 Audi 100), and they are capable of being readily altered to
conform to the standards.
DATES: This decision is effective May 11, 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.
J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer
90-006) petitioned NHTSA to decide whether 1993 Audi 100 passenger cars
are eligible for importation into the United States. NHTSA published
notice of the petition under Docket No. NHTSA 98-3453 on February 18,
1998 (63 FR 8252) 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 Audi AG, the vehicle's
[[Page 25895]]
manufacturer. In this comment, Volkswagen disputed J.K.''s claim that
the non-U.S. certified 1993 Audi 100 complies with the Bumper Standard
found in 49 CFR Part 581. Volkswagen also contended that the vehicle is
only equipped with a driver's side air bag, and lacks a knee bolster on
the driver's side that is necessary to meet the unbelted test
requirements of Standard No. 208, Occupant Crash Protection. Volkswagen
additionally observed that the vehicle is not equipped with a passenger
side air bag or knee bolster, which it asserts are necessary for
compliance with Standard No. 208.
Volkswagen also stated that the U.S. certified version of the 1993
Audi 100 has been designated a high theft line vehicle under the Theft
Prevention Standard at 49 CFR Part 541. Volkswagen contended that the
U.S. certified 1993 Audi 100 received an exemption from the parts
marking requirements of the standard on the basis that it is equipped
with an anti-theft system which differs from the system found on the
non-U.S. certified version of the vehicle. As a consequence, Volkswagen
asserted that the non-U.S. certified 1993 Audi 100 would have to be
modified prior to importation so that it is equipped with the same
anti-theft system as that found on its U.S. certified counterpart.
NHTSA accorded J.K. an opportunity to respond to Volkswagen's
comment. In its response, J.K. stated that all vehicles imported under
the petition will be inspected to ensure that those manufactured on or
after September 1, 1993 are equipped with dual air bags. Additionally,
J.K. stated that knee bolsters will be installed on vehicles that lack
these components to achieve compliance with Standard No. 208.
With respect to the Theft Prevention Standard compliance issue
raised by Volkswagen, J.K. asserted that all cars produced after 1987
that it has imported for use in the United States are marked in the
required locations regardless of whether they have been designated as a
high theft line or are equipped with an alarm system. J.K. also stated
that a U.S. model anti-theft alarm system will be installed, where
necessary, prior to the importation of any vehicles to be imported
under the petition.
NHTSA believes that J.K.'s response adequately addresses the
comments that Volkswagen has made regarding the petition. NHTSA further
notes that the modifications described by J.K., which have been
performed with relative ease on thousands of motor vehicles imported
over the years, would not preclude non-U.S. certified 1993 Audi 100
passenger cars from being found ``capable of being readily altered to
comply with applicable motor vehicle safety standards.'' Accordingly,
NHTSA has 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-244 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 1993 Audi 100 passenger cars not originally manufactured to comply
with all applicable Federal motor vehicle safety standards are
substantially similar to 1993 Audi 100 Quattro passenger cars
originally manufactured for importation into and sale in the United
States and certified under 49 U.S.C. 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: May 6, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-12438 Filed 5-8-98; 8:45 am]
BILLING CODE 4910-59-P
