[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11703-11705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3233]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11847; Notice 3]


Decision That Nonconforming 2000-2001 Audi (8D) A4, S4, and RS4 
Passenger Cars, Manufactured From September 1, 1999, Through August 31, 
2001, for the European Market, Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 2000-2001 Audi (8D) A4, S4, and RS4 
passenger cars, manufactured from September 1, 1999, through August 31, 
2001, for the European market, are eligible for importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2000-2001 Audi (8D) 
A4, S4, and RS4 passenger cars, manufactured from September 1, 1999, 
through August 31, 2001, for the European market, 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 2000-2001 Audi 
(8D) A4, and S4 passenger cars), and they are capable of being readily 
altered to conform to the standards.

DATES: This decision was effective March 28, 2003. 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:

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

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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 2000-2001 Audi 
(8D) A4, S4, and RS4 passenger cars, manufactured from September 1, 
1999, through August 31, 2001 for the European market, are eligible for 
importation into the United States. NHTSA published a notice of the 
petition on April 4, 2002 (67 FR 16146) and a second notice on 
September 30, 2002 (67 FR 61378) to afford an opportunity for public 
comment. The reader is referred to those notices for a thorough 
description of the petition.
    One comment was received in response to the first notice of 
petition, from Volkswagen of America, Inc. (VW), the U.S. 
representative of the vehicle's original manufacturer. VW's comment 
addressed issues it believed J.K. had overlooked in describing 
alterations necessary to conform 2001 Audi A4 and S4 models to numerous 
FMVSS as well as to the Bumper Standard. The agency accorded J.K. an 
opportunity to respond to the issues raised by VW. J.K. responded by 
revising its petition. In the revised petition, J.K. added 2000 A4 and 
S4, and 2000-2001 RS4 models to those for which it sought import 
eligibility. Because this revision expanded the scope of the petition, 
NHTSA published the second notice. Only one comment was received in 
response to the second notice of petition, again from VW. VW's comment 
reiterated comments made in its response to the first notice and 
addressed issues it believed J.K. had overlooked in regard to the RS4 
model. VW also stated that the petition needed to clarify the specific 
carline platform intended to be covered under the petition. VW's 
comments, J.K.'s responses, and NHTSA's analysis are set forth below 
for each of the issues that VW raised.
    (1) Vehicle Platform: VW stated that two unique versions of the A4 
platform were offered for sale in Europe. The European model year 2000 
vehicles were built on the ``8D'' platform, while the European model 
year 2001 vehicles were built on the ``8E'' platform. All 2000 and 2001 
model year U.S.-model vehicles were built on the ``8D'' platform. VW 
asserted that the 2001 U.S-model and the 2001 European market vehicles 
are not directly comparable for the purposes of determining 
modifications needed to achieve conformity with all applicable FMVSS. 
In its response, J.K. stated that it only intended the petition to 
cover the ``8D'' platform.
    NHTSA's Analysis: In view of VW's comments and J.K.'s response, the 
agency concluded that any eligibility decision resulting from the 
petition should apply to nonconforming European market Audi A4, S4, and 
RS4 passenger cars manufactured between September 1, 1999 and August 
31, 2001 that were built on the ``8D'' platform. The petition dates 
chosen are derived from the definition of ``model year'' in 49 CFR 
593.4.
    (2) FMVSS No. 102 Transmission Shift Lever Sequence: VW confirmed 
that the U.S. and the non-U.S.-certified model are identical with 
regard to conformity with this standard. In addition, VW pointed out 
that the non-U.S.-certified model is not equipped with a clutch/starter 
interlock that prevents the engine from being started unless the clutch 
pedal is depressed. J.K. stated that although it did not believe that 
the clutch/starter interlock was required by the standard, the company 
acknowledged that this is an important component that would give an 
extra margin of safety. J.K. therefore stated that it will add the 
components to the vehicles that it converts.
    NHTSA's Analysis: The standard does not require a clutch/starter 
interlock on a vehicle equipped with a manual transmission. So long as 
the vehicle remains in compliance with all applicable FMVSS, NHTSA has 
no objection to the installation of these components.
    (3) FMVSS No. 114 Theft Prevention: The petition stated that the 
key warning system must be activated by the installation of U.S.-
version software to meet the requirements of this standard and that the 
proper operation of the system must be verified for each vehicle so 
converted. VW stated that vehicle modification is necessary and that 
paragraph S4.5 of the standard requires a warning device that is not 
installed on vehicles manufactured for markets other than the United 
States.
    NHTSA's Analysis: The modifications VW identified as necessary 
would not prelude the vehicle from being deemed eligible for 
importation. Conformity packages submitted for vehicles imported under 
the decision must demonstrate that the vehicle is equipped with a key 
warning system that conforms to the standard.
    (4) FMVSS No. 118 Power-Operated Window Partition, and Roof Panel 
Systems: The petition stated that the systems in the non-U.S. model are 
the same as those in the U.S. model. VW stated that the non-U.S. models 
do not comply with paragraph S4(e) of the standard and are not 
certified to the requirements of paragraph S5, which provides an 
exemption from the need to comply under paragraph S4(e). J.K. responded 
that it had tested the system after the installation of U.S.-model 
dash/body and OBDII software, which may explain why the systems in the 
non-U.S. model vehicles conformed to the standards.
    NHTSA's Analysis: The modifications VW identified as necessary 
would not prelude the vehicle from being deemed eligible for 
importation. Conformity packages submitted for vehicles imported under 
the decision must demonstrate that the vehicle is equipped with a 
power-operated window partition and roof panel system that conforms to 
the standard.
    (5) FMVSS No. 135 Passenger Car Brake Systems: The petition stated 
that the hydraulic brake system and the parking brake system are 
identical to those in the U.S.-model. VW stated that the brake lining 
material on non-U.S. model vehicles is different from the lining 
material installed on vehicles certified as conforming to FMVSS No. 
135. J.K. responded that the vehicle it examined had brake pads that 
bore U.S.-model part numbers, but admitted that some vehicles may not 
be so equipped. J.K. concluded that all vehicles must be inspected for 
the presence of U.S.-model brake pads and that U.S.-model pads must be 
installed on vehicles that are not so equipped.
    NHTSA's Analysis: The modifications VW identified as necessary 
would not prelude the vehicle from being deemed eligible for 
importation. Conformity packages submitted for vehicles imported under 
the decision must demonstrate that the vehicle is equipped with a brake 
system that conforms to the standard.
    (6) FMVSS No. 202 Head Restraints: VW confirmed that the U.S. model 
and the non-U.S. model are identical with regard to conformity with 
this standard. However, VW pointed out that the non-U.S. model is not 
equipped with head

[[Page 11705]]

restraint locking devices that are present in the U.S.-model. J.K. 
responded that the non-U.S. model vehicles that it examined had head 
restraint locking devices.
    NHTSA's Analysis: The standard does not require head restraint 
locking devices. The presence or absence of these devices therefore has 
no bearing on the vehicle's compliance with this standard.
    (7) FMVSS No. 206 Door Locks and Door Retention Components: The 
petition stated that the door locks and retention system components 
installed on the non-U.S. model are identical to those installed on the 
U.S.-model. VW stated that non-U.S. model vehicles have a door locking 
system in which the interior door handle has a single pull release to 
open the door when the locking system is activated, and that the U.S.-
model vehicles have a door locking system that requires a double pull 
motion. According to VW, the first pull unlocks the door and the second 
pull opens the door latch. VW further stated that the double pull 
feature is required to comply with paragraph S4.1.3.2 of the standard. 
J.K. responded that the vehicle it examined had a door locking system 
that required two pulls, but acknowledged that some vehicles may not be 
so equipped. J.K. stated that all vehicles must be inspected for the 
presence of U.S.-model components and that U.S.-model components must 
be installed on vehicles no so equipped.
    NHTSA's Analysis: The modifications VW identified as necessary 
would not prelude the vehicle from being deemed eligible for 
importation. Conformity packages submitted for vehicles imported under 
decisions must demonstrate that the vehicle is equipped with a door 
lock system that conforms to the standard.
    (8) 49 CFR Part 581 Bumper Standard: The petition stated that the 
bumpers and bumper mounting structures were identical to those 
installed on U.S.-model vehicles. VW stated that non-U.S.-model A4 and 
S4 vehicles have bumper systems that are different from those installed 
on U.S.-model vehicles. The revised petition stated that the support 
structure for the bumpers on the non-U.S. vehicles are identical to 
that of the U.S.-model and that U.S.-model bumper components must be 
installed in order to meet the requirements of the standard. In 
response to the revised petition, VW stated that the bumper system on 
the RS4 model differs from that on the A4 and S4 models. VW also stated 
that no conforming parts are available for the SR4 model. J.K. 
responded that it has installed U.S.-model A4 bumper systems on the 
non-U.S. model RS4 ``8D'' chassis vehicle, that these systems bolt on 
directly, and that it will confirm these modifications.
    NHTSA's Analysis: The agency notes that Bumper Standard compliance 
issues are not directly relevant to an import eligibility decision, as 
such a decision is to be based on the capability of a non-U.S. 
certified vehicle to be altered to conform to the FMVSS, and the Bumper 
Standard is not an FMVSS. However, because a vehicle that is not 
originally manufactured to comply with the Bumper Standard must be 
modified to comply with the standard before it can be allowed 
permanently into the United States, conformance with the Bumper 
Standard must be shown in the conformity package submitted to NHTSA to 
allow release of the DOT Conformance bond furnished at the time of 
importation.

Conclusion

    Based on the contents of the petition and the resolution of the 
issues set forth above, NHTSA 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-400 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 decided that 
2000-2001 Audi (8D) A4, S4, and RS4 passenger cars, manufactured from 
September 1, 1999, through August 31, 2001, for the European Market, 
that were not originally manufactured to comply with all applicable 
FMVSS, are substantially similar to 2000-2001 Audi (8D) A4, and S4 
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. E6-3233 Filed 3-7-06; 8:45 am]
BILLING CODE 4910-59-P