[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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