[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Notices]
[Pages 13298-13299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6994]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3593]


Decision That Nonconforming 1996 Audi Avant Quattro Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1996 Audi Avant 
Quattro passenger cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1996 Audi 
Avant Quattro 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 1996 Audi A6 Quattro), and 
they are capable of being readily altered to conform to the standards.

DATES: This decision is effective as of March 18, 1998.

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 90-009) petitioned NHTSA to decide whether 1996 
Audi Avant Quattro passenger cars are eligible for importation into the 
United States. NHTSA published notice of the petition under Docket No. 
NHTSA 97-3157 on December 1, 1997 (62 FR 63600) 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 of the petition, 
from Volkswagen of America, Inc. (``Volkswagen''), the United States 
representative of Audi AG, the vehicle's manufacturer. In this comment,

[[Page 13299]]

Volkswagen disputed Champagne's claim that the 1996 Audi Avant Quattro 
complies with the Bumper Standard found in 49 CFR Part 581. Volkswagen 
asserted that the bumpers and their supporting structure on the 1996 
Audi Avant Quattro do not conform to the standard. In order to achieve 
conformance, Volkswagen contended that the vehicle's frame rails must 
be modified, metallic impact absorbers must be added, and the bumper 
components must be changed.
    Additionally, Volkswagen stated that the 1996 Audi A6 Quattro has 
been designated a high theft line vehicle under the Theft Prevention 
Standard at 49 CFR Part 541. Volkswagen contended that the 1996 Audi A6 
Quattro received an exemption from the parts marking requirements of 
the standard on the basis that it is equipped with an anti-theft system 
which differs from the system found on the 1966 Audi Avant Quattro. As 
a consequence, Volkswagen asserted that the 1966 Audi Avant Quattro 
would have to be modified prior to importation so that it is equipped 
with the same anti-theft system as that found on the 1966 Audi A6 
Quattro.
    NHTSA accorded Champagne an opportunity to respond to Volkswagen's 
comment. In its response, Champagne stated that it compared the part 
numbers for the bumpers and associated structural components on the 
1966 Audi Avant Quattro to those on the 1966 Audi A6 Quattro, and found 
them to be all identical with the exception of those for the impact 
absorbers. As a consequence, Champagne stated that it would replace any 
impact absorbers that do not have identical part numbers to those found 
on the 1966 Audi A6 Quattro. Champagne additionally asserted that it is 
not necessary to make any frame rail modifications, to perform 
structural welding, or to make any other component changes to conform 
the 1966 Audi Avant Quattro to the Bumper Standard. With respect to the 
Theft Prevention Standard issue raised by Volkswagen, Champagne stated 
that all 1996 Audi Avant Quattros will be modified prior to importation 
so that they conform to the standard in a manner that is identical or 
substantially similar to that of the 1966 Audi A6 Quattro.
    NHTSA believes that Champagne's response adequately addresses the 
comments that Volkswagen has made regarding the petition. NHTSA further 
notes that those comments raise no issues regarding the capability of 
the vehicle to comply with the Federal motor vehicle safety standards. 
Accordingly, NHTSA has 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-238 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1996 Audi Avant Quattro passenger cars not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
are substantially similar to 1996 Audi A6 Quattro 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: March 13, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-6994 Filed 3-17-98; 8:45 am]
BILLING CODE 4910-59-P