[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61378-61379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24730]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11847, Notice 2]


Notice of Receipt of Petition for Decision That Nonconforming 
2000 and 2001 Audi A4, S4, and RS4 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000 and 2001 Audi A4, S4, and RS4 passenger cars are eligible for 
importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2000 and 2001 Audi A4, S4, and RS4 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 because (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, and (2) they are capable of being readily altered 
to conform to the standards.

DATES: The closing date for comments on the petition is October 30, 
2002.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW, Washington, DC 20590 (Docket hours are from 9 am to 5 
pm).

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

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.
    J.K. Technologies, L.L.C. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) originally petitioned NHTSA to decide 
whether 2000 and 2001 Audi A4 and S4 passenger cars are eligible for 
importation into the United States. On April 4, 2002, NHTSA published a 
notice at 67 FR 16146 asking for comments on the petition. Comments 
were due by May 6, 2002. On July 26, 2002, J.K. revised its original 
petition to include the Audi RS4 model. Accordingly, we are publishing 
a new notice, covering all Audi ``4-series'' models.
    The vehicles which J.K. believes are substantially similar to the 
non-U.S. certified 2000 and 2001 Audi A4, S4, and RS4 passenger cars 
described in its

[[Page 61379]]

petition are 2000 and 2001 Audi A4 and S4 passenger cars that were 
manufactured for importation into, and sale in, the United States and 
certified by their manufacturer as conforming to all applicable Federal 
motor vehicle safety standards. Although a certified RS4 has not been 
offered in the U.S. market, the three models of the ``4-series'' differ 
principally in performance and trim options, and we regard those 
vehicles as being essentially the same ``model;'' i.e., they are a 
family of vehicles which have a degree of commonality in construction, 
such as body, chassis, or cab type. See definition of the term 
``model'' at 49 CFR 579.4, as added by the final rule establishing 
early warning reporting requirements published by NHTSA on July 10, 
2002 (67 FR 45822 at 45875). The petitioner claims that it carefully 
compared non-U.S. certified 2000 and 2001 Audi A4, S4, and RS4 
passenger cars to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2000 and 2001 Audi A4, S4, and RS4 
passenger cars, as originally manufactured for sale in Europe, conform 
to many Federal motor vehicle safety standards in the same manner as 
their U.S. certified counterparts, or are capable of being readily 
altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2000 
and 2001 Audi A4, S4, and RS4 passenger cars are identical to their 
U.S. certified counterparts with respect to compliance with Standard 
Nos. 102 Transmission Shift Lever Sequence * * *., 103 Defrosting and 
Defogging Systems, 104 Windshield Wiping and Washing Systems, 105 
Hydraulic Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 
Hood Latch Systems, 116 Brake Fluid, 118 Power Window Systems, 124 
Accelerator Control Systems, 135 Passenger Car Brake Systems, 201 
Occupant Protection in Interior Impact, 202  Head Restraints, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door 
Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt 
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Retention, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 
Flammability of Interior Materials.
    With respect to Standard No. 214, the petitioner noted that there 
are minor differences in ride height, in the range of 22 mm, between 
some models in the line. Petitioner claims that these differences do 
not exceed expected impact point variations during compliance testing 
for the standard.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: replacement of the 
instrument cluster with a U.S.-model component, and reprogramming to 
allow the vehicle's computer system to accept the changes.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lamps, (b) installation of U.S.-model taillamp assemblies 
that incorporate rear sidemarker lamps, (c) installation of a U.S.-
model high mounted stop lamp assembly if the vehicle is not already so 
equipped.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: programming of the key warning 
system at the time the instrument cluster is changed, performed at the 
time of conversion.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of the driver's and passenger's side air bags, 
knee bolsters, control units, sensors, and seat belts with U.S.-model 
components on vehicles that are not lready so equipped. Petitioner 
states that the front and rear outboard designated seating positions 
have combination lap and shoulder belts that are self-tensioning and 
that release by means of a single red pushbutton and that there is a 
lap belt at the rear center designated seating position. Petitioner 
further states that the vehicles are equipped with a seat belt warning 
lamp and audible buzzer that are identical to components installed on 
U.S.-certified models. Petitioner notes that there are minor variations 
in the weights of the different models covered by the petition, but 
claims that these differences are so minor that they would have no 
effect on compliance testing for the standard.
    The petitioner states that all vehicles will be inspected for 
compliance with the Theft Prevention Standard at 49 CFR part 541, and 
that required anti-theft devices will be installed if needed.
    The petitioner also states that U.S.-model bumpers and shocks must 
be installed on the vehicles to comply with the Bumper Standard found 
in 49 CFR part 581. Petitioner states that the support structure for 
the bumpers on the vehicles is identical to that found on their U.S.-
certified counterparts.
    The petitioner further states that a vehicle identification plate 
must be affixed to the vehicles near the left windshield post and a 
reference and certification label must be affixed in the area of the 
left front door post to meet the requirements of 49 CFR part 565.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, 
Washington, DC 20590 (Docket hours are from 9 am to 5 pm). It is 
requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    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: September 24, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety, Compliance.
[FR Doc. 02-24730 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-59-P