[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Pages 25267-25269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12635]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-61; Notice 2]
Decision That Nonconforming 1992 Volvo 740 GL and 940 GL Sedan
and Wagon Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1992 Volvo 740
GL and 940 GL Sedan and Wagon passenger cars are eligible for
importation.
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SUMMARY: This notice announces the decision by NHTSA that 1992 Volvo
740 GL and 940 GL Sedan and Wagon 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
versions of the 1992 Volvo 740 GL and 940 GL Sedan and Wagon), and they
are capable of being readily altered to conform to the standards.
DATES: This decision is effective as of the date of its publication in
the Federal Register.
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.
J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer
R-90-006) petitioned NHTSA to decide whether 1992 Volvo 740 GL and 940
GL Sedan and Wagon passenger cars are eligible for importation into the
United States. NHTSA published notice of the petition on August 10,
1995 (61 FR 40878) to afford an opportunity for public comment. The
notice identified the vehicles which J.K. believes to be substantially
similar as 1992 Volvo 740
[[Page 25268]]
GL and 940 GL sedans and wagons that were manufactured for importation
into, and sale in, the United States and certified by their
manufacturer as confirming to all applicable Federal motor vehicle
safety standards.
As noted in the notice of petition, the petitioner claimed that it
had carefully compared non-U.S. certified 1992 Volvo 740 GL and 940 GL
sedans and wagons to their U.S. certified counterparts, and found them
to be substantially similar with respect to compliance with most
applicable Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1992 Volvo 740 GL and 940 GL sedans
and wagons, as originally manufactured, conform to many Federal motor
vehicle safety standards in the same manner as their U.S. certified
counterparts, or are capable of being readily altered to conform to
those standards.
Specifically, the petitioner claimed that non-U.S. certified 1992
Volvo 740 GL and 940 GL sedans and wagons are identical to their U.S.
certified counterparts 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, 214 Side Impact Protection, 216
Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel System
Integrity, and 302 Flammability of Interior Materials.
Additionally, the petitioner stated that non-U.S. certified 1992
Volvo 740 GL and 940 GL sedans and wagons comply with the Bumper
Standard found in 49 CFR Part 581.
Petitioner also contended that these vehicles are 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) 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 headlamps and front
sidemarkers; (b) installation of U.S.-model taillamp lenses which
incorporate rear sidemarkers; (c) 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: Installation of a relay in
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
seat belt warning buzzer; (b) installation of knee bolsters to augment
the vehicles' air bag based passive restraint systems, which otherwise
conforms to the standard. The petitioner stated that in addition to a
driver's side air bag, the vehicles are equipped with side impact
protection systems, with manual lap and shoulder belts in the front and
rear outboard seating positions, and with a manual lap belt in the
center seating positions.
One comment was received in response to the notice of petition,
from Volvo Cars of North America, Inc. (``Volvo''), the United States
representative of Volvo Car Corporation of Gothenburg, Sweden, the
vehicle's manufacturer. In its comment, Volvo stated that in addition
to the noncompliances noted in the petition, the 1992 Volvo 740 GL and
940 GL Sedan and Wagon have a parking brake reminder light and, if so
equipped, an anti-lock brake system light that do not comply with
Standard No. 101. Volvo additionally asserted that none of the exterior
lamps on these vehicles comply with Standard No. 108, and that their
left (driver's) side outside mirror does not comply with Standard No.
111. Volvo also observed that the vehicles' rear door locks do not
comply with Standard No. 206 because they are capable of being opened
with the inside door handle when locked. Volvo finally disputed the
petitioner's contention that the vehicles comply with the Bumper
Standard at 49 CFR Part 581, and asserted that they neither have U.S.
model bumpers nor have they been tested for compliance with the
standard.
NHTSA accorded J.K. an opportunity to respond to Volvo's comments.
In its response, J.K. stated that U.S. model components are substituted
for all noncomplying dash controls and displays, so all reminder lights
will meet Standard No. 101. J.K. additionally stated that all exterior
lamps on the vehicles are changed so that they meet Standard No. 108
after conversion. J.K. noted that the driver's side mirror assembly on
European versions of the vehicles does not meet Standard No. 111, but
that the same component on Saudi and Gulf State versions do. As a
consequence, J.K. stated that mirrors may have to be replaced on non-
U.S. certified models on a case-by-case basis, based on the part
numbers inscribed on those items. J.K. also acknowledged that the rear
door locks on European versions of the vehicle will have to be changed
to comply with Standard No. 206, and that the noncomplying components
will be identified on a case-by-case basis by examining their part
numbers. J.K. stated that the same procedure will be used to identify
noncomplying bumpers on European versions of the vehicle, which it
acknowledged must be reinforced or replaced with U.S. model components
to meet Part 581. J.K. observed that the Saudi and Gulf States versions
of the vehicle have U.S. model bumpers already installed.
NHTSA has reviewed each of the issues that Volvo has raised
regarding J.K.'s petition. NHTSA believes that J.K.'s responses
adequately address each of those issues. NHTSA further notes that the
modifications described by J.K. 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 Volvo 740 GL and 940 GL
Sedan and Wagon from being found ``capable of being readily modified to
comply with all Federal 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-137 is the
[[Page 25269]]
vehicle eligibility number assigned to vehicles admissible under this
decision.
Final Determination
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that 1992 Volvo 740 GL and 940 GL Sedan and Wagon passenger cars not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards are substantially similar to 1992 Volvo 740 GL
and 940 GL Sedan and Wagon passenger cars 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: May 14, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-12635 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-59-M