[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Page 35419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13886]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7268]


Denial of Petition for Import Eligibility Decision

    This notice sets forth the reasons for the denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under 49 U.S.C. 30141(a)(1)(A). The petition, which was submitted by 
Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne''), a 
registered importer of motor vehicles, requested NHTSA to decide that 
1995-1996 Audi Cabriolet passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are eligible for importation into the United States. In the 
petition, Champagne contended that these vehicles are eligible for 
importation on the basis that (1) they are substantially similar to 
vehicles that were originally manufactured for importation into and 
sale in the United States and that were certified by their manufacturer 
as complying with the safety standards (the U.S. certified version of 
the 1995-1996 Audi Cabriolet), and (2) they are capable of being 
readily altered to conform to the standards.
    NHTSA published a notice in the Federal Register on December 13, 
1999 (64 FR 69583) that contained a thorough description of the 
petition, and solicited public comments upon it. One comment was 
received in response to the notice, from Volkswagen of America, Inc. 
(``Volkswagen''), the United States representative of Audi AG, the 
vehicle's manufacturer. In this comment, Volkswagen contended that non-
U.S. certified 1995-1996 Audi Cabriolet passenger cars are ineligible 
for importation because they are not substantially similar to vehicles 
that were originally manufactured and certified for sale in the United 
States and are not capable of being readily altered to conform to the 
standards. Specifically, Volkswagen observed that the non-U.S. 
certified 1995-1996 Audi Cabriolet passenger cars that are the subject 
of the petition are equipped with a 2.6 liter V6 engine rated at 150 hp 
with front wheel drive and a manual 5-speed transmission. Volkswagen 
stated that the only engine installed on 1995-1996 Audi Cabriolet 
passenger cars certified for the U.S. market was a 2.8 liter V6 rated 
at 172 hp. As a consequence, Volkswagen asserted that the engine 
components of the non-U.S. certified 1995-1996 Audi Cabriolet were not 
certified to any of the Federal motor vehicle safety standards 
containing requirements that relate to engines. Volkswagen identified 
those standards as including Standard Nos. 103 Windshield Defrosting 
and Defogging Systems, 105 Hydraulic Brake Systems, 124 Accelerator 
Control Systems, and insofar as they require the dynamic crash testing 
of a vehicle, Standard Nos. 208 Occupant Crash Protection, 212 
Windshield Mounting, 219 Windshield Zone Intrusion, and 301 Fuel System 
Integrity. Volkswagen additionally noted that the petitioner 
erroneously claimed that non-U.S. certified 1995-1996 Audi Cabriolet 
passenger cars comply with the Bumper Standard found at 49 CFR Part 
581. Volkswagen observed that the bumper components on these vehicles 
differ from those installed on U.S. certified models.
    NHTSA accorded Champagne an opportunity to respond to Volkswagen's 
comments. In its response, Champagne did not address any of the issues 
raised by Volkswagen, and requested that its petition be withdrawn. 
Because it had already solicited public comments on the petition, NHTSA 
could not accede to this request.
    In light of Volkswagen's comments, NHTSA has concluded that the 
petition does not clearly demonstrate that non-U.S. certified 1995-1996 
Audi Cabriolet passenger cars are eligible for importation. The 
petition must therefore be denied under 49 CFR 593.7(e).
    In accordance with 49 U.S.C. 30141(b)(1), NHTSA will not consider a 
new import eligibility petition covering this vehicle until at least 
three months from the date of this notice.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: May 30, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-13886 Filed 6-1-00; 8:45 am]
BILLING CODE 4910-59-P