[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Page 64624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32038]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3164]


Decision That Nonconforming 1988-1989 Audi 80 Passenger Cars Are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1988-1989 Audi 
80 passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1988-1989 
Audi 80 passenger cars 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 
1988-1989 Audi 80), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective as of December 8, 1997.

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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. Sec. 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Champagne) 
(Registered Importer R-90-009) petitioned NHTSA to decide whether 1988-
1989 Audi 80 passenger cars are eligible for importation into the 
United States. NHTSA published notice of the petition on August 5, 1997 
(62 FR 42156) 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, from Volkswagen 
of America, Inc. (Volkswagen), the U.S. representative of Audi AG, the 
vehicle's manufacturer. In its comment, Volkswagen observed that the 
alterations identified in the petition are the minimum that are 
necessary to conform non-U.S. certified 1988-1989 Audi 80 passenger 
cars to the applicable Federal motor vehicle safety standards. 
Volkswagen further observed that in addition to differences in the 
bumper system, modifications were made to the body components and 
structure of U.S. certified 1988-1989 Audi 80 passenger cars to achieve 
compliance with the Bumper Standard found in 49 CFR part 581.
    Petitioners for eligibility determinations are not required to 
submit arguments in support of the capability of a non-conforming 
vehicle to comply with the Bumper Standard. Under statute, eligibility 
determinations are based solely on the capability of a vehicle to 
comply with the Federal motor vehicle safety standards. However, a 
passenger motor vehicle that does not meet the Bumper Standard at the 
time of importation must be brought into compliance after importation 
in order to comply with the law. Therefore, a vehicle eligibility 
notice affords a forum through which issues of compliance with the 
Bumper Standard can be raised and discussed. However, NHTSA has no 
authority to deny an eligibility petition solely on the basis that the 
vehicle is incapable of being conformed to meet the Bumper Standard.
    Volkswagen's first observation, as described above, appears to be 
generally supportive of the petition. Although Volkswagen's second 
observation identifies a potential need for alterations beyond those 
specified in the petition to conform non-U.S. certified 1988-89 Audi 80 
passenger cars to the Bumper Standard, the company nowhere contends 
that these alterations cannot be readily made. The petitioner and other 
RIs seeking to import 1988-89 Audi 80s under this exemption should 
recognize Volkswagen's concern and may be assured that NHTSA will 
carefully examine data they submit in support of their certification of 
compliance with the Bumper Standard.

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-223 is the eligibility number assigned to vehicles admissible under 
this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1988-1989 Audi 80 passenger cars not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards are 
substantially similar to 1988-1989 Audi 80 passenger cars originally 
manufactured for importation into and sale in the United States and 
certified under 49 U.S.C. Sec. 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 CAR 593.8; 
delegations of authority at 49 CAR 1.50 and 501.8.

    Issued on: December 2, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-32038 Filed 12-5-97; 8:45 am]
BILLING CODE 4910-59-P