[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25894-25895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12438]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3803]


Decision That Nonconforming 1993 Audi 100 Passenger Cars Are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1993 Audi 100 
passenger cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1993 Audi 100 
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 
1993 Audi 100), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective May 11, 1998.

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

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. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
90-006) petitioned NHTSA to decide whether 1993 Audi 100 passenger cars 
are eligible for importation into the United States. NHTSA published 
notice of the petition under Docket No. NHTSA 98-3453 on February 18, 
1998 (63 FR 8252) 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 Audi AG, the vehicle's

[[Page 25895]]

manufacturer. In this comment, Volkswagen disputed J.K.''s claim that 
the non-U.S. certified 1993 Audi 100 complies with the Bumper Standard 
found in 49 CFR Part 581. Volkswagen also contended that the vehicle is 
only equipped with a driver's side air bag, and lacks a knee bolster on 
the driver's side that is necessary to meet the unbelted test 
requirements of Standard No. 208, Occupant Crash Protection. Volkswagen 
additionally observed that the vehicle is not equipped with a passenger 
side air bag or knee bolster, which it asserts are necessary for 
compliance with Standard No. 208.
    Volkswagen also stated that the U.S. certified version of the 1993 
Audi 100 has been designated a high theft line vehicle under the Theft 
Prevention Standard at 49 CFR Part 541. Volkswagen contended that the 
U.S. certified 1993 Audi 100 received an exemption from the parts 
marking requirements of the standard on the basis that it is equipped 
with an anti-theft system which differs from the system found on the 
non-U.S. certified version of the vehicle. As a consequence, Volkswagen 
asserted that the non-U.S. certified 1993 Audi 100 would have to be 
modified prior to importation so that it is equipped with the same 
anti-theft system as that found on its U.S. certified counterpart.
    NHTSA accorded J.K. an opportunity to respond to Volkswagen's 
comment. In its response, J.K. stated that all vehicles imported under 
the petition will be inspected to ensure that those manufactured on or 
after September 1, 1993 are equipped with dual air bags. Additionally, 
J.K. stated that knee bolsters will be installed on vehicles that lack 
these components to achieve compliance with Standard No. 208.
    With respect to the Theft Prevention Standard compliance issue 
raised by Volkswagen, J.K. asserted that all cars produced after 1987 
that it has imported for use in the United States are marked in the 
required locations regardless of whether they have been designated as a 
high theft line or are equipped with an alarm system. J.K. also stated 
that a U.S. model anti-theft alarm system will be installed, where 
necessary, prior to the importation of any vehicles to be imported 
under the petition.
    NHTSA believes that J.K.'s response adequately addresses the 
comments that Volkswagen has made regarding the petition. NHTSA further 
notes that the modifications described by J.K., which have been 
performed with relative ease on thousands of motor vehicles imported 
over the years, would not preclude non-U.S. certified 1993 Audi 100 
passenger cars 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-244 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 Audi 100 passenger cars not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards are 
substantially similar to 1993 Audi 100 Quattro 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 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: May 6, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-12438 Filed 5-8-98; 8:45 am]
BILLING CODE 4910-59-P