[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52158-52159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21925]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5735; Notice 2]


Decision That Nonconforming 1993-1994 Volkswagen EuroVan Multi-
Purpose Passenger Vehicles Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1993-1994 
Volkswagen EuroVan multi-purpose passenger vehicles (MPVs) are eligible 
for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1993-1994 
Volkswagen EuroVan MPVs 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 
1993-1994 Volkswagen EuroVan), and they are capable of being readily 
altered to conform to the standards.

DATES: This decision is effective August 28, 2000.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:   

[[Page 52159]]

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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
90-006) petitioned NHTSA to decide whether 1993-1995 Volkswagen EuroVan 
MPVs are eligible for importation into the United States. NHTSA 
published notice of the petition on June 3, 1999 (64 FR 29940) 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 Volkswagen AG, the vehicles' manufacturer. In this 
comment, Volkswagen observed that modifications beyond those described 
in the petition would have to be performed to conform a non-U.S. 
certified EuroVan MPV to Standard No. 114, Theft Protection. Volkswagen 
specifically noted that in addition to the installation of a warning 
buzzer for the ignition key, a transmission to ignition key interlock 
system must be installed. Volkswagen stated that this requires a new 
ignition lock and a relay switch mechanism with a plunger lock for the 
transmission lockout at the transmission shifter.
    Volkswagen also stated that the modifications identified in the 
petition to conform a non-U.S. certified EuroVan MPV to Standard No. 
208, Occupant Crash Protection, would be appropriate only for vehicles 
produced up to September 1, 1994, the date on which the standard's 
automatic restraint requirements began to be phased in for MPVs. 
Volkswagen further observed that it sold factory production EuroVan 
MPVs in the U.S. market in the 1993 and 1994 model years, but that in 
the 1995 and 1996 model years, the vehicle was only available in a 
multistage camper version that was not subject to the automatic 
restraint phase-in requirements. Because the vehicles identified in the 
petition are not the multistage camper version of the EuroVan MPV, 
Volkswagen contended that all such vehicles produced after September 1, 
1994 would have to comply with the automatic restraint requirement 
through the installation of an air bag system. Volkswagen stated that 
such a system was not available in the vehicles that it produced for 
the 1995 model year. Volkswagen contended that the installation of such 
a system would require significant additions and alterations to the 
vehicle, including a new steering column and steering wheel for the 
driver side and a different instrument panel with welded attachment 
structures and brackets for installing the instrument panel into the 
vehicle. Volkswagen observed that the air bag control module is mounted 
at the tunnel area to support brackets welded to the vehicle structure. 
Because the control module contains the system sensor, Volkswagen 
asserted that the procedure by which it is installed is critical to 
system performance. Volkswagen further observed that a knee impact bar 
would also have to be installed in the vehicles to comply with the 
unbelted crash test requirements of the standard. Given the complexity 
of these modifications, and the welding that would be required to 
install the air bag system, Volkswagen expressed significant concern 
that the vehicles could be readily altered to comply with the standard.
    NHTSA accorded J.K. an opportunity to respond to Volkswagen's 
comment. To address the Standard No. 114 compliance issues raised by 
Volkswagen, J.K. stated that a key warning system will be added to the 
vehicles, and a new ignition lock and a relay switch mechanism with a 
plunger lock for the transmission lockout at the transmission shifter. 
To address the Standard 208 issues raised by Volkswagen, J.K. requested 
that 1995 model year vehicles be dropped from its petition.
    NHTSA believes that J.K.'s decision to drop 1995 model year 
vehicles from its petition fully addresses the Standard No. 208 
compliance issues raised by Volkswagen. NHTSA further notes that the 
modifications described by J.K. to achieve compliance with Standard No. 
114, which have been performed with relative ease on thousands of motor 
vehicles imported over the years, would not preclude non-U.S. certified 
1993-1994 Volkswagen EuroVan MPVs from being found ``capable of being 
readily altered to comply with applicable 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-306 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 1993-1994 Volkswagen EuroVan MPVs not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards are 
substantially similar to 1993-1994 Volkswagen EuroVan MPVs 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: August 23, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-21925 Filed 8-25-00; 8:45 am]
BILLING CODE 4910-59-P