3022 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

directed to the FHWA or TxDOT at the

addressed provided above.

[Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Research,

Planning and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation on

Federal programs and activities apply to this

program].

Issued on January 5, 1995.

G. E. Olvera,

District Engineer.

[FR Doc. 95–787 Filed 1–11–95; 8:45 am]

BILLING CODE 4910–22–M

National Highway Traffic Safety

Administration

[Docket No. 94–55; Notice 2]

Decision That Nonconforming 1993

Volkswagen Golf III Passenger Cars

Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA) DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1993 Volkswagen

Golf III passenger cars are eligible for

importation.

SUMMARY: This notice announces the

decision by NHTSA that 1993

Volkswagen Golf III 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

a vehicle originally manufactured for

importation into and sale in the United

States and certified by its manufacturer

as complying with the safety standards

(the U.S.-certified version of the 1993

Volkswagen Golf III), and they are

capable of being readily altered to

conform to the standards.

DATES: This decision is effective January

12, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety

Compliance, NHTSA (202–366–5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A)

(formerly section 108(c)(3)(A)(i) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the Act),

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, Inc. of Kingsville,

Maryland (‘‘J.K.’’) (Registered Importer

R–90–006) petitioned NHTSA to decide

whether 1993 Volkswagen Golf III

passenger cars are eligible for

importation into the United States.

NHTSA published notice of the petition

on July 20, 1993 (59 FR 37124) to afford

an opportunity for public comment. The

notice identified the vehicle that is the

subject of the petition as the ‘‘1994

Volkswagen Golf III.’’ In its comments

responding to the notice, Volkswagen,

the vehicle’s manufacturer stated that

the vehicle identification number (VIN)

assigned to the specific vehicle that the

petitioner seeks to import identifies that

vehicle as a 1993 model. After being

apprised of this comment, the petitioner

acknowledged that the petition was in

error, and that the manufacturer

properly identified the vehicle as a 1993

model. In view of this correction, this

notice describes the petition as

pertaining to a 1993 model vehicle.

As stated in the notice of the petition,

the vehicle that J.K. claimed to be

substantially similar is the version of

the 1993 Volkswagen Golf III that was

manufactured for importation into and

sale in the United States and certified by

its manufacturer, Volkswagenwerke

A.G., as conforming to all applicable

Federal motor vehicle safety standards.

The petitioner claimed that it had

carefully compared the two vehicles,

and found them to be substantially

similar with respect to compliance with

most applicable Federal motor vehicle

safety standards.

Specifically, the petitioner claimed

that the non-U.S. certified 1993

Volkswagen Golf III is identical to its

U.S. certified counterpart 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, 107

Reflecting Surfaces, 109 New

Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelertor Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 203 Impact

Protection for the Driver from the

Steering Control System, 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, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield

Retention, 214 Side Door Strength, 216

Roof Crush Resistance, 219

Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302

Flammability of Interior Materials.

Petitioner also contended that the

vehicle is capable of being readily

modified to meet the following

standards, in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with an ECE

symbol on the brake failure indicator

lamp; (b) recalibration of the

speedometer/odometer from kilometers

to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamp

assemblies which incorporate sealed

beam headlamps and front sidemarkers;

(b) installation of U.S.-model taillamp

assemblies which incorporate rear

sidemarkers; (c) installation of a high

mounted stop lamp; (d) replacement of

bulb failure modules with U.S.-model

components.

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:

Installation of a key microswitch in the

steering lock assembly, and a warning

buzzer.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN

reference label on the edge of the door

or latch post nearest the driver.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a seat belt

warning buzzer, wired to the seatbelt

latch; (b) installation of a passive

restraint system consisting of a dooranchored automatic belts and a knee
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 3023

bolster. The petitioner noted that the

non-U.S. certified 1993 Volkswagen

Golf III is supplied with mounting

points and bolt holes for the installation

of this equipment and that no structural

changes are necessary.

Additionally, the petitioner stated

that bumper shocks must be installed on

the non-U.S. certified 1993 Volkswagen

Golf III to comply with the Bumper

Standard found in 49 CFR Part 581. The

petitioner further noted that it may be

necessary to install a U.S.-model

bumper cover on some vehicles to

accommodate the market lights.

One comment was received in

response to the notice of the petition,

from Volkswagen of America, Inc.

(‘‘Volkswagen’’), the United States

representative of the vehicle’s

manufacturer. In its comment,

Volkswagen stated that in order to

conform the non-U.S. certified 1993

Volkswagen Golf III to the requirements

of Standard No. 108, all of the vehicle’s

lamps would have to be changed

because they all lack DOT certification

markings. Additionally, Volkswagen

noted that sidemarkers and a high

mounted stop lamp would have to be

added to the vehicle, requiring wiring

harness connections, and that the

headlamp bulb connector plug must be

changed to accommodate a U.S.-model

headlamp.

Volkswagen further claimed that there

are major differences between the U.S.

certified and non-U.S. certified versions

of the 1993 Volkswagen Golf III that

affect compliance with Standard Nos.

207, 209, and 210. Specifically,

Volkswagen stated that the non-U.S.

certified version of the vehicle is

equipped with a smaller engine (1.8 vs.

2.0 liters) that has its intake manifold

mounted closer to the firewall, and that

this difference could affect the manner

in which the engine contacts the vehicle

structure during frontal crash tests.

Volkswagen further noted that the grill

and radiator support structure in the

non-U.S. certified 1993 Volkswagen

Golf III is made from plastic rather than

metal, and that this difference could

affect energy absorption characteristics

that have a bearing on frontal crash test

performance.

Volkswagen also stated that in order

to comply with Standard Nos. 207, 108

and 210, seat tracks that are welded to

the floor on the non-U.S. certified 1993

Volkswagen Golf III would have to be

removed and replaced with U.S.-model

equipment. Volkswagen noted that the

seat adjustment positions are different

on U.S.-certified vehicles in order to

assure crash test compliance for this

vehicle, which is equipped with

automatic shoulder belts to meet the

passive restraint requirements of

Standard No. 208. Volkswagen also

noted that because the retractor for the

automatic should belt is anchored to the

vehicle tunnel, an anchorage

reinforcement structure must be welded

in place on non-U.S. certified models to

assure compliance with Standard No.

210. Additionally, Volkswagen asserted

that a manual lap belt would have to be

installed for the non-U.S. certified

Volkswagen Golf III to be equivalent to

its U.S. certified counterpart.

Volkswagen further noted that even if

the restraint system and seat

components were to be modified on the

non-U.S. certified 1993 Volkswagen

Golf III, there is no assurance that the

vehicle would comply with Standards

207, 208, and 210 unless the petitioner

conducts a full scale crash test on a

modified vehicle.

Volkswagen also stated that, in order

to comply with the Bumper Standard

found in 49 CFR Part 581, the front and

rear bumpers on the non-U.S. certified

1993 Volkswagen Golf III must be

replaced with U.S.-model components.

Volkswagen claimed that this would

require modifications to the frame

attachment points for the front and rear

bumper that could also affect Standard

No. 208 crash test performance.

Volkswagen concluded its comments

by asserting that ‘‘substantial

similarities between the European and

the United States certified versions of

the Golf III vehicle are lacking and that

the European version cannot readily be

modified to conform to U.S. standards.’’

NHTSA accorded J.K. an opportunity

to respond to Volkswagen’s comments.

In its response, J.K. stated that in order

to install U.S.-model headlights and

marker lights on a non-U.S. certified

1993 Volkswagen Golf III, it must

change everything on the front end of

the vehicle except for the front fenders.

In the process, J.K. asserts that all of the

plastic front end parts that Volkswagen

referred to in its discussion of Standard

No. 208 are eliminated and replaced

with U.S.-model steel parts that are

bolted to existing mounting points,

eliminating the need for any cutting or

welding.

With respect to the Standard No. 208

compliance issues raised by

Volkswagen, J.K. stated that the intake

manifold on the non-U.S. certified 1993

Volkswagen Golf III’s 1.8 liter engine is

only one quarter of an inch closer to the

firewall than the intake manifold on the

2.0 liter engine of its U.S. certified

counterpart. J.K. asserts that this

difference will not affect the

crashworthiness of the non-U.S.

certified vehicle.

Addressing Volkswagen’s comments

on Standard No. 210, J.K. stated that it

examined the seat tracks on the nonU.S. certified 1993 Volkswagen Golf III,

and found them to bear U.S. part

numbers. As as consequence, J.K. stated

that it was able to bolt manual lap belts

to the seats without the need for

modifications. Additionally, J.K.

asserted that it carefully compared the

tack and seat angle of the non-U.S.

certified 1993 Volkswagen Golf III to

that of its U.S. certified counterpart, and

found these characteristics to be

identical. J.K. further asserted that in

order to install center passive restraint

belt retractors on the non-U.S. certified

1993 Volkswagen Golf III, it replaced

the entire center console with a U.S.

model component, which could be

bolted into existing holes without the

need for modifications.

With respect to the Bumper Standard

issues raised by Volkswagen, J.K. stated

that the front bumper bolts directly to

the new steel front end that it installs on

the non-U.S. certified 1993 Volkswagen

Gold III to accommodate U.S.-model

headlamps. J.K. further asserted that it

adds a reinforcing beam to assure

compliance with the Bumper Standard,

and that with these modifications, the

vehicle meets or exceeds that standard’s

requirements.

NHTSA accorded Volkswagen an

opportunity to respond to J.K.’s

comments. In its response, Volkswagen

stated that the inboard front seat tracks

are identical on the U.S. certified and

non-U.S. certified versions of the 1993

Volkswagen Golf III, but that the

outboard tracks differ so that U.S.

certified models can meet Standard 208

passive restraint requirements.

Volkswagen further contended that in

order to assure compliance with

Standard No. 210, reinforcement plates

must be welded to the tunnel for

mounting the passive restraint retractor

assembly. Volkswagen finally asserted

that without conducting crash tests, J.K.

‘‘relies on intuition to justify FMVSS

208 compliance.’’

NHTSA accorded J.K. an opportunity

to respond to these comments. In its

response, J.K. stated that European and

U.S.-model seat tracks cannot be

interchanged on the 1993 Volkswagen

Golf III. J.K. further asserted that

Volkswagen equipped U.S.-model seat

tracks on both the U.S.- and the nonU.S. certified versions of the vehicle

after the company completed U.S. crash

tests on the vehicle. J.K. additionally

stated that it added reinforcement plates

to the tunnel between the seats, on

which it bolted the new seat retractors.

J.K. finally observed that even if

Volkswagen has not crash tested a 1993
3024 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

Volkswagen Golf III with a 1.8 liter

engine, the company did conduct such

tests on the same vehicles equipped

with 2.0 liter and V6 engines. J.K.

contended that because of its lower

mass and reduced inertia impact testing,

a vehicle equipped with a 1.8 liter

engine would yield better results than

vehicles equipped with larger engines.

NHTSA has reviewed each of the

issues that Volkswagen has raised

regarding J.K.’s petition. NHTSA

believes that J.K.’s responses adequately

address each of those issues. NHTSA

further notes that the modifications

described by J.K. have been performed

with relative ease on thousands of

nonconforming vehicles imported over

the years, and would not preclude the

non-U.S. certified Volkswagen Golf III

from being found ‘‘capable of being

readily modified to comply with all

Federal motor vehicle safety standards.’’

NHTSA has accordingly 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 92 is the vehicle

eligibility number assigned to vehicles

admissible under this decision.

Final Determination

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that a

1993 Volkswagen Golf III not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is substantially similar to a

1993 Volkswagen Golf III originally

manufactured for importation into and

sale in the United States and certified

under 49 U.S.C. § 30115, and is 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: January 6, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95–754 Filed 1–11–95; 8:45 am]

BILLING CODE 4910–59–M

[Docket No. 94–89; Notice 2]

Decision That Nonconforming 1990

Porsche 944 S2 Cabriolet Convertible

Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1990 Porsche 944

S2 Cabriolet convertibles are eligible for

importation.

SUMMARY: This notice announces the

decision by NHTSA that 1990 Porsche

944 S2 Cabriolet convertibles 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

a vehicle originally manufactured for

importation into and sale in the United

States and certified by its manufacturer

as complying with safety standards (the

U.S.-certified version of the 1990

Porsche 944 S2 Cabriolet convertible),

and they are capable of being readily

altered to conform to the standards.

DATES: This decision is effective January

12, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Baylor, Office of Vehicle Safety

Compliance, NHTSA (202–366–5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A)

(formerly section 108(c)(3)(A)(i) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the

Act), 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.

Wallace Environmental Testing

Laboratories, Inc. of Houston, Texas

(Registered Importer R–90–005)

petitioned NHTSA to decide whether

1990 Porsche 944 S2 Cabriolet

convertibles are eligible for importation

into the United States. NHTSA

published notice of the petition on

November 8, 1994 (59 FR 55737) to

afford an opportunity for public

comment. The reader is referred to that

notice for a thorough description of the

petition. No comments were received in

response to the notice. Based on its

review of the information submitted by

the petitioner, 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 97 is the vehicle

eligibility number assigned to vehicles

admissible under this decision.

Final Determination

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that a

1990 Porsche 944 S2 Cabriolet

convertible not originally manufactured

to comply with all applicable Federal

motor vehicle safety standards is

substantially similar to a 1990 Porsche

944 S2 Cabriolet convertible originally

manufactured for importation into and

sale in the United States and certified

under 49 U.S.C. § 30115, and is 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: January 6, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95–758 Filed 1–11–95; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 94–88; Notice 2]

Decision That Nonconforming 1991

BMW 325i 4-Door Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1991 BMW 325i 4-