[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 8059-8060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2177]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16334; Notice 2]


Decision That Nonconforming 2000 Audi A8 and S8 Passenger Cars 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 2000 Audi A8 and S8 passenger cars 
are eligible for importation.

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

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2000 Audi A8 and S8 
passenger cars that were not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards (FMVSS) 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 that were certified by their manufacturer 
as complying with the safety standards (the U.S. certified version of 
the 2000 Audi A8 and S8 passenger cars), and they are capable of being 
readily altered to conform to the standards.

DATES: This decision was effective January 6, 2004. The agency notified 
the petitioner at that time that the subject vehicles are eligible for 
importation. This document provides public notice of the eligibility 
decision.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION:

[[Page 8060]]

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS 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 as required 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 FMVSS.
    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, LLC (JK) of Baltimore, Maryland (Registered 
Importer 90-006), petitioned NHTSA to decide whether 2000 Audi A8 and 
S8 passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on October 24, 2003 (68 FR 
61034) 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 petition, 
from Volkswagen of America, Inc. (VW), the U.S. representative of the 
vehicle's original manufacturer. VW addressed issues it believed J.K. 
had overlooked in describing alterations necessary to conform 2000 Audi 
A8 and S8 vehicles to FMVSS No. 208 Occupant Crash Protection.
    The petition stated that the vehicles are capable of being readily 
altered to comply with FMVSS No. 208 Occupant Crash Protection by 
reprogramming the seat belt warning system so that it activates in the 
required manner. The petition also stated that the vehicles are 
equipped with automatic restraint systems consisting of dual front air 
bags, and with combination lap and shoulder belts at the front and rear 
outboard designated seating positions that are self-tensioning and 
release by means of a single red pushbutton. The petition described 
these components and systems as being identical to those found on U.S. 
certified vehicles.
    In its comment, VW acknowledged that the modifications identified 
in the petition are appropriate, but noted that additional 
modifications are necessary. Specifically, VW stated that the driver's 
seat belt buckle needs to be replaced to provide the required seat belt 
visual and audible warnings, and knee bolsters would have to be 
installed to conform to the injury criteria requirements of FMVSS No. 
208.
    The agency accorded J.K. an opportunity to respond to the issues 
raised by VW. In its response, J.K. stated that if after reprogramming, 
the visual and audible warnings do not activate correctly, the driver's 
side seat belt buckle will be replaced. J.K. further noted that all 
vehicles imported into the United States must be inspected for the 
presence of conforming knee bolsters.
    Based on these considerations, the agency 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-424 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 has decided that 
2000 Audi A8 and S8 passenger cars that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 2000 Audi A8 and S8 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 FMVSS.

    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E6-2177 Filed 2-14-06; 8:45 am]
BILLING CODE 4910-59-P