[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Page 64624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32038]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3164]
Decision That Nonconforming 1988-1989 Audi 80 Passenger Cars Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1988-1989 Audi
80 passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1988-1989
Audi 80 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
1988-1989 Audi 80), and they are capable of being readily altered to
conform to the standards.
DATES: This decision is effective as of December 8, 1997.
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), 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,
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 R-90-009) petitioned NHTSA to decide whether 1988-
1989 Audi 80 passenger cars are eligible for importation into the
United States. NHTSA published notice of the petition on August 5, 1997
(62 FR 42156) 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, from Volkswagen
of America, Inc. (Volkswagen), the U.S. representative of Audi AG, the
vehicle's manufacturer. In its comment, Volkswagen observed that the
alterations identified in the petition are the minimum that are
necessary to conform non-U.S. certified 1988-1989 Audi 80 passenger
cars to the applicable Federal motor vehicle safety standards.
Volkswagen further observed that in addition to differences in the
bumper system, modifications were made to the body components and
structure of U.S. certified 1988-1989 Audi 80 passenger cars to achieve
compliance with the Bumper Standard found in 49 CFR part 581.
Petitioners for eligibility determinations are not required to
submit arguments in support of the capability of a non-conforming
vehicle to comply with the Bumper Standard. Under statute, eligibility
determinations are based solely on the capability of a vehicle to
comply with the Federal motor vehicle safety standards. However, a
passenger motor vehicle that does not meet the Bumper Standard at the
time of importation must be brought into compliance after importation
in order to comply with the law. Therefore, a vehicle eligibility
notice affords a forum through which issues of compliance with the
Bumper Standard can be raised and discussed. However, NHTSA has no
authority to deny an eligibility petition solely on the basis that the
vehicle is incapable of being conformed to meet the Bumper Standard.
Volkswagen's first observation, as described above, appears to be
generally supportive of the petition. Although Volkswagen's second
observation identifies a potential need for alterations beyond those
specified in the petition to conform non-U.S. certified 1988-89 Audi 80
passenger cars to the Bumper Standard, the company nowhere contends
that these alterations cannot be readily made. The petitioner and other
RIs seeking to import 1988-89 Audi 80s under this exemption should
recognize Volkswagen's concern and may be assured that NHTSA will
carefully examine data they submit in support of their certification of
compliance with the Bumper Standard.
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-223 is the eligibility number assigned to vehicles admissible under
this decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that 1988-1989 Audi 80 passenger cars not originally manufactured to
comply with all applicable Federal motor vehicle safety standards are
substantially similar to 1988-1989 Audi 80 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 CAR 593.8;
delegations of authority at 49 CAR 1.50 and 501.8.
Issued on: December 2, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-32038 Filed 12-5-97; 8:45 am]
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