[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Pages 29789-29791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14939]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-66; Notice 2]
Decision That Nonconforming 1992 Volkswagen Passat 4-Door Sedan
Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1992 Volkswagen
Passat 4-Door Sedan passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1992
Volkswagen Passat 4-Door Sedan 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 1992 Volkswagen Passat 4-Door Sedan), and they are
capable of being readily altered to conform to the standards.
DATES: This decision is effective as of July 12, 1996.
FOR FURTHER INFORMATION CONTACT: George Entwistle, 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) 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.
Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')
(Registered Importer 90-009) petitioned NHTSA to decide whether 1992
Volkswagen Passat 4-Door Sedan passenger cars are eligible for
importation into the United States. NHTSA published notice of the
petition on August 25, 1995 (60 FR 44375) to afford an opportunity for
public comment. As stated in the notice of petition, the vehicle which
Champagne believes is substantially similar is the 1992 Volkswagen
Passat 4-Door Sedan 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.
[[Page 29790]]
The petitioner claimed that it carefully compared the non- U.S.
certified 1992 Volkswagen Passat 4-Door Sedan 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.
Champagne submitted information with its petition intended to
demonstrate that the non-U.S. certified 1992 Volkswagen Passat 4-Door
Sedan, 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 claimed that the non-U.S. certified
1992 Volkswagen Passat 4-Door Sedan is identical to its U.S. certified
counterpart with respect to compliance with Standards 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, 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, 216 Roof Crush Resistance, 219
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
Additionally, the petitioner stated that the non-U.S. certified
1992 Volkswagen Passat 4-Door Sedan 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.
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 warning
buzzer 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. 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 belt retractor; (b)
installation of an ignition switch-actuated seat belt warning lamp and
buzzer; (c) installation of a passive restraint system consisting of
driver's and passenger's side automatic seat belts, knee bolsters, and
associated hardware that have identical part numbers to those found on
the vehicle's U.S. certified counterpart. The petitioner stated that
the vehicle is equipped at its rear outboard seating positions with
combination lap and shoulder restraints that release by means of a
single push button, and with a lap belt at its 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 petition,
from Volkswagen of America, Inc. (``Volkswagen''), the United States
representative of Volkswagen AG, the vehicle's manufacturer. In its
comment, Volkswagen stated that the petition accurately reflected the
modifications needed to conform the non-U.S. certified 1992 Volkswagen
Passat 4-Door Sedan to the requirements of Standard Nos. 101, 108, 110,
111, 114, 115, and 118. Volkswagen contended that the petition
inaccurately characterized the modifications that are necessary to
conform the vehicle to Standard Nos. 208, 210, 214, 301, and the Bumper
Standard found in 49 CFR Part 581.
Volkswagen claimed that the modifications that were described in
the petition as necessary to conform the vehicle to Standard Nos. 208
and 210 are ``relatively complex'' because the vehicle is equipped with
a motorized automatic belt system. Volkswagen notes that it has
conducted Standard No. 208 crash tests only on 1992 Passats equipped
with the 16- valve 4-cylinder engine and the VR6 that are sold in the
United States market, as opposed to the 2 liter, 4-cylinder engine that
is found on the subject vehicle. Volkswagen observed that the petition
failed to note that the vehicle's U.S. certified counterpart is
equipped at both front outboard seating positions with manual lap belts
in addition to motorized automatic shoulder belts, and that the inboard
seat tracks for the U.S. certified vehicle differ from those on the
European model to assure compliance with Standard No. 208 crash tests
and Standard No. 210 seat belt anchorage strength requirements. The
company characterized these differences as critical because the manual
lap belt anchorages and the retractor for the motorized shoulder belt
are attached to the seat. Volkswagen contended that replacement of the
inboard seat tracks, which requires welding, and the addition of
reinforced tracks for the motorized automatic belt system in the A-
pillar and roof rail are necessary to assure compliance with the
Standard No. 208 crash test and the Standard No. 210 seat belt
anchorage strength requirements.
Additionally, the company contended that a substantial amount of
wiring and a number of electrical switches and relays must be installed
for the motorized automatic belt system to work properly and safely.
Volkswagen also claimed that the steering wheel on the U.S. certified
1992 Passat differs from that on its European counterpart in that its
hub has a ``deep dish design'' to assure compliance with Standard 208
crash test injury criteria.
Noting that the European version of the 1992 Passat is equipped
with reinforcing beams that are required for compliance with the static
crush test requirements of Standard 214, Volkswagen challenged the
petition's claim that the vehicle must be modified to include this
equipment.
Volkswagen also noted that it has only crash tested vehicles with
engines and fuel systems sold in the United States for compliance with
Standard 301, and that such testing, or least a
[[Page 29791]]
detailed analysis is necessary to support the petitioner's claim that
the subject vehicle, which is equipped with a 2 liter, 4-cylinder
engine that was not certified for the United States, can be modified to
comply with the standard.
Volkswagen finally disagreed with the petitioner's claim that the
non-U.S. certified 1992 Passat complies with the Bumper Standard. The
company contended that critical attachment hardware components and the
bumper beam differ in the vehicle's U.S. certified counterpart, and
that these parts would have to be installed for the European version of
the vehicle to achieve compliance with the standard.
NHTSA accorded Champagne an opportunity to respond to Volkswagen's
comments. In its response, Champagne noted that it has been conforming
vehicles to Standard Nos. 208 and 210 for over twelve years, and that
although the systems that must be installed to achieve such compliance
are ``relatively complex,'' their installation is well within
Champagne's area of expertise and technical ability. Champagne further
noted that NHTSA has not denied import eligibility to a vehicle in the
past on the basis that it is equipped with a different size engine from
that found on its U.S. certified counterpart. Champagne acknowledged
that its petition omitted the fact that the non-U.S. certified 1992
Passat is equipped with manual seat belts at both front outboard
seating positions, and asserted that these belts are identical to those
found on the vehicle's U.S. certified counterpart. Champagne disputed
Volkswagen's contention that it is necessary to change the inboard seat
tracks and add reinforced motorized automatic belt system tracks in the
A-pillar and roof rail to conform the non-U.S. certified 1992 Passat to
Standard Nos. 208 and 210. Champagne asserted that the vehicle is
equipped with inboard seat tracks that are identical to, and have the
same part number as those found on its U.S. certified counterpart.
Moreover, Champagne contended that the vehicle is equipped with
reinforced tracks in the A-pillar and with mounting points for the seat
belt rail which must be installed to complete the automatic restraint
system. Champagne also disputed Volkswagen's contention that welding is
necessary to accomplish these modifications. Champagne acknowledged
that it must replace the steering wheel on the non-U.S. certified 1992
Passat with one identical to that found on the vehicle's U.S.-
certified counterpart.
Champagne also acknowledged that the petition erroneously stated
that reinforcing beams would have to be installed to conform the
vehicle to Standard No. 214.
With respect to the Standard No. 301 compliance issues raised by
Volkswagen, Champagne observed that Volkswagen applies the same good
engineering judgment in the design and installation of the fuel system
in its 2 liter engine as it does for those installed in U.S. certified
models. Because the body crash characteristics do not differ between
U.S. and non-U.S. certified versions of the 1992 Passat, Champagne
stated that it can be reasonably assumed that fuel system integrity
characteristics are the same as well.
With respect to the Bumper Standard issues raised by Volkswagen,
Champagne reiterated its belief that the non-U.S. certified 1992 Passat
is equipped with a bumper system identical to that found on its U.S.
certified counterpart. However, to eliminate any doubts regarding this
matter, Champagne stated that it would reinforce the existing bumper
structure and replace the bumper attachment hardware with that found on
the vehicle's U.S. certified counterpart.
NHTSA accorded Volkswagen an opportunity to respond to Champagne's
comments. In its response, Volkswagen noted that its original comments
were based on information provided by the vehicle's manufacturer, and
that ``[w]ith worldwide production and increasing efforts to harmonize
parts, it is possible that the factory made a production change and
installed the U.S. versions of the seat tracks in the European
vehicle.'' Volkswagen reiterated that the installation of a motorized
automatic belt system requires ``significant electrical and mechanical
work to assure proper and safe performance,'' and left to NHTSA's
discretion the matter of whether this work should be inspected before
the vehicle is released.
NHTSA has reviewed each of the issues that Volkswagen 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 conform the vehicle to
Standard No. 301 and the Bumper Standard have been performed with
relative ease on thousands of nonconforming vehicles imported over the
years, and would not preclude the non-U.S. certified 1992 Volkswagen
Passat 4-Door Sedan from being found ``capable of being readily
modified to comply with all Federal motor vehicle safety standards.''
Additionally, the modifications described by Champagne to conform the
vehicle to Standard Nos. 208 and 210 would not preclude such a finding,
in view of the fact that numerous vehicles have been so modified by
Champagne and other registered importers in recent years, and that such
modifications are well within the expertise of those registered
importers. 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-148 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 1992 Volkswagen Passat 4-Door Sedan not originally manufactured
to comply with all applicable Federal motor vehicle safety standards is
substantially similar to a 1992 Volkswagen Passat 4-Door Sedan
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: June 6, 1996.
Clive Van Orden,
Chief of Equipment and Imports Division, Office of Vehicle Safety
Compliance.
[FR Doc. 96-14939 Filed 6-11-96; 8:45 am]
BILLING CODE 4910-59-P
