[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Notices]
[Pages 65271-65272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31534]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4774]


Decision That Nonconforming 1994-1996 Volkswagen Jetta Passenger 
Cars are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1994-1996 
Volkswagen Jetta passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994-1996 
Volkswagen Jetta 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 
1994-1996 Volkswagen Jetta), and they are capable of being readily 
altered to conform to the standards.

DATES: This decision is effective as of November 25, 1998.

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), 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, 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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G.K.'') 
(Registered Importer 90-007) petitioned NHTSA to decide whether 1993-
1997 Volkswagen Jetta passenger cars manufactured in Mexico for the 
Mexican market are eligible for importation into the United States. 
NHTSA published notice of the petition under Docket No. NHTSA 97-3290 
on January 12, 1998 (63 FR 1880) 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 Volkswagenwerke, A.G., the vehicle's manufacturer. In 
this comment, Volkswagen contended that G&K's description of the 
modifications that would be necessary to conform the vehicle to 
applicable standards is incomplete in a number of significant respects.
    Specifically, with respect to Standard No. 109, New Pneumatic 
Tires, Volkswagen contended that non-U.S. certified 1993-1997 
Volkswagen Jettas may be equipped with tires that have insufficient 
load ratings once the vehicle is modified through the addition of air 
bag systems, side impact protection, and other required safety related 
components.
    With respect to Standard Nos. 203 Impact Protection for the Driver 
from the Steering Control System and 208 Occupant Crash Protection, 
Volkswagen noted that the 1993 model U.S. certified Jetta is equipped 
with automatic seat belts and that all 1994 and later model year 
versions of the vehicle are equipped with driver's and passenger's side 
air bags. Volkswagen contended that it is not possible to install air 
bag systems in non-U.S. certified 1993 Jettas, and that automatic seat 
belts must therefore be installed in those vehicles using anchorages 
that conform to all of the requirements of Standard No. 210, Seat Belt 
Assembly Anchorages. Additionally, Volkswagen observed that in order to 
comply with the unbelted test requirement of Standard Nos. 208, all 
U.S. certified 1994-1997 Jettas are equipped with knee bar restraints 
in the instrument panel which are not present on non-U.S. certified 
versions of the vehicle. Volkswagen noted that the petitioner did not 
cite the need for the installation of this equipment. Volkswagen also 
noted that it began to use pretensioners in the seat belts for the 
front seating positions of U.S. certified Jettas during the 1994 model 
year, and that the petitioner failed to identify the need to install 
pretensioner equipped seat belts to conform non-U.S. certified versions 
of the vehicle to Standard No. 208. Additionally, Volkswagen observed 
that the seat belts on U.S. certified 1996 Volkswagen Jettas are 
equipped with convertible locking retractors in order to meet the child 
restraint lockability requirements of S7.1.1.5 of Standard No. 208. The 
company asserted that the seat belts in the front and rear outboard 
seating positions of non-U.S. certified 1996 Jettas would have to be 
changed if they are not equipped with the same retractors.
    Volkswagen disputed the petitioner's contention that non-U.S. 
certified 1993-1997 Jettas meet Standard No. 214 Side Impact Protection 
in the same manner as their U.S. certified counterparts. The company 
asserted that beginning with the 1995 model year, it installed 
additional padding and structural reinforcements in U.S. certified 
versions of the vehicle to comply with the dynamic side impact 
requirements of the standard.
    Volkswagen further observed that beginning with the 1994 model 
year, the Jetta was classified as a high theft line vehicle under the 
Theft Prevention Standard at 49 CFR Part 541. The company noted that in 
order to obtain an exemption from the parts marking

[[Page 65272]]

requirements of the standard, it installed a standard alarm system with 
a central locking feature that mechanically locks all doors when the 
key in the front door is turned. Volkswagen observed that non-U.S. 
certified 1994 Jettas may not have this central locking system, as a 
result of which those vehicles would not be exempt from the parts 
marking requirement of the standard, rendering them, in the Company's 
view, ineligible for importation.
    Aside from these specific observations, Volkswagen made two general 
comments with respect to the petition. In the first of these, the 
Company questioned whether modifications such as the addition of air 
bags, safety belts, and side impact protection components can be 
performed on a used vehicle outside of a production line setting at a 
level of quality necessary to assure compliance of each vehicle with 
the Federal motor vehicle safety standards. In addition, the company 
expressed the belief that NHTSA cannot decide that all model year 1993 
through 1997 Jettas are eligible for importation due to significant 
differences between vehicles within these model years with regard to 
their compliance with Standard Nos. 208 and 214. Because the 
modifications necessary to achieve compliance with those standards may 
differ by model year, Volkswagen contends that NHTSA may not make a 
single eligibility decision that encompasses all vehicles within the 
model years specified in the petition.
    NHTSA accorded G&K an opportunity to respond to Volkswagen's 
comments. In its response, G&K notified the agency that it wished to 
amend its petition to cover only model years 1994-1996. G&K stated with 
respect to the Standard No. 109 compliance issues raised by Volkswagen 
that all vehicles imported will be inspected to confirm that they are 
equipped with tires of the same size and load rating as those furnished 
on the U.S. certified model, and that the tires will be replaced if 
necessary to comply with the standard. Addressing the Standard Nos. 203 
and 208 compliance issues raised by Volkswagen with regard to 1994 
through 1996 model year Jettas, G&K stated that all parts of the 
automatic restraint system in the U.S. certified version of these 
vehicles will be installed on existing mounts in non-U.S. certified 
models. As enumerated by G&K, those components include the dash braces, 
knee bolsters, wiring harnesses, warning lights, dash pads, air bag 
assemblies, seat belts in both front outboard seating positions, and 
control boxes for the seat belts and air bags. In addition, G&K stated 
that new door panels that will accommodate the electric window motors 
and central locking systems will be installed.
    With regard to the Standard No. 214 compliance issues raised by 
Volkswagen, G&K stated that doorbars would be installed on non-U.S. 
certified models and dash braces and door panels will be replaced with 
U.S. model components to meet the requirements of the standard. After a 
further communication from Volkswagen identifying additional parts that 
were necessary to achieve compliance, G&K provided the agency with a 
complete parts list identifying all components to be installed.
    Addressing the Theft Prevention Standard issues raised by 
Volkswagen, G&K stated that U.S. model central locking and alarm 
systems will be installed on non-U.S. certified Jettas.
    NHTSA believes that G&K's response adequately addresses the 
comments that Volkswagen has made regarding the petition. NHTSA further 
notes that the modifications described by G&K, which have been 
performed with relative ease on thousands of motor vehicles imported 
over the years, would not preclude non-U.S. certified 1994-1996 
Volkswagen Jettas from being found ``capable of being readily altered 
to comply with applicable motor vehicle safety standards.'' 
Additionally, NHTSA finds no merit to Volkswagen's contention that the 
agency lacks authority to make an import eligibility decision covering 
vehicles within a range of model years when different modifications may 
have to be made to vehicles within those model years to achieve 
compliance with certain of the 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-274 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 1994-1996 Volkswagen Jetta passenger cars not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 1994-1996 Volkswagen Jetta 
passenger cars originally manufactured for importation into and sale in 
the United States and certified under 49 U.S.C. 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: November 19, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-31534 Filed 11-24-98; 8:45 am]
BILLING CODE 4910-59-P