[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