18190 Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Notices

Issued on: April 18, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–10061 Filed 4–23–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–01; Notice 2]

Decision That Nonconforming 1991

Volkswagen GTI (Canadian) Passenger

Cars Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1991 Volkswagen

GTI (Canadian) passenger cars are

eligible for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1991

Volkswagen GTI (Canadian) 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 1991 Volkswagen

Golf GTI), and they are capable of being

readily altered to conform to the

standards.

DATES: This decision is effective as of

April 24, 1996.

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)

(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.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (‘‘Champagne’’)

(Registered Importer R–90–009)

petitioned NHTSA to decide whether

1991 Volkswagen GTI (Canadian)

passenger cars are eligible for

importation into the United States.

NHTSA published notice of the petition

on January 23, 1996 (61 FR 1816) to

afford an opportunity for public

comment. The notice identified the

vehicle that is the subject of the petition

as the ‘‘1991 Volkswagen Golf GT.’’ In

its comments responding to the notice,

a representative of 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 1991 Volkswagen GTI

manufactured in Mexico for the

Canadian market. After being apprised

of this comment, the petitioner

acknowledged that the petition was in

error, and that the manufacturer’s

representative properly identified the

vehicle. In view of this correction, this

notice describes the petition as

pertaining to a 1991 Volkswagen GTI

(Canadian).

The notice of petition identified the

vehicle that Champagne claims to be

substantially similar to the subject

vehicle as the version of the 1991

Volkswagen Golf GT 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.

After reviewing the manufacturer’s

comments, Champagne informed

NHTSA that the comparison vehicle is

properly identified as the ‘‘1991

Volkswagen Golf GTI.’’ This notice will

use that designation in referring to the

comparison vehicle. As noted in the

notice of petition, 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 Volkswagen GTI (Canadian) is

identical to the 1991 Volkswagen Golf

GTL 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, 108

Lamps, Reflective Devices, and

Associated Equipment, 109 New

Pneumatic Tires, 110 Tire Selection and

Rims, 111 Rearview Mirrors, 113 Hood

Latch Systems, 114 Theft Protection,

115 Vehicle Identification Number, 116

Brake Fluid, 124 Accelerator 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.

Additionally, the petitioner stated

that the 1991 Volkswagen GTI

(Canadian) complies with the Bumper

Standard found in 49 CFR Part 581.

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) replacement of the

speedometer/odometer assembly with a

U.S.-model component.

Standard No. 208 Occupant Crash

Protection: (a) installation of U.S.-model

lap belts in the driver’s and front

passenger’s seating positions; (b)

installation of U.S.- model automatic

shoulder restraints in the driver’s and

front passenger’s seating positions. The

petitioner stated that the rear outboard

designated seating positions are

equipped with combination lap and

shoulder restraints that release by

means of a single push button.

One comment was received in

response to the notice of petition, from

Volkswagen of America, Inc.

(‘‘Volkswagen’’), the United States

representative of Volkswagen AG, the

vehicle’s manufacturer. In addition to

these companies, the comment was

submitted on behalf of Volkswagen de

Mexico. In its comment, Volkswagen

stated that in order to conform the 1991

Volkswagen GTI (Canadian) to the

requirements of Standard No. 101, the

instrument cluster would have to be
Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Notices 18191

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (the Act), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to section 10903.

Therefore, this notice applies the law in effect prior

to the Act, and citations are to the former sections

of the statute, unless otherwise indicated.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

replaced to convert the speedometer and

odometer assembly and the brake

warning light lens would have to be

corrected to show the word ‘‘BRAKE.’’

Volkswagen also stated that the 1991

Volkswagen GTI (Canadian) is equipped

with daytime running lights that

Standard 108 only requires on vehicles

manufactured after February 10, 1993.

Volkswagen further stated that the

1991 Volkswagen GTI (Canadian) would

have to be equipped with a doormounted automatic shoulder belt

system to comply with Standard 208.

Volkswagen additionally observed that

manual lap belts would have to be

installed in the 1991 Volkswagen GTI

(Canadian) so that it is equivalent to its

U.S. certified counterpart. Volkswagen

contended that these modifications

would require removal of the existing

seats and their replacement with seats

and lap belt assemblies used in U.S.-

model vehicles. Volkswagen also stated

that a knee bolster would have to be

added to the 1991 Volkswagen GTI

(Canadian) as part of the passive

restraint system that would have to be

installed, and that this modification

would require removal and replacement

of the console assembly.

Volkswagen concluded by

emphasizing that its comments pertain

only to the version of the 1991

Volkswagen GTI that was manufactured

for the Canadian market, and that other

versions of the vehicle manufactured for

the European and other markets may

have structural differences and different

bumper systems that would require

other modifications to comply with U.S.

requirements. Consequently,

Volkswagen stressed that if the petition

is granted, that grant should be limited

to vehicles manufactured for the

Canadian market.

NHTSA accorded Champagne an

opportunity to respond to Volkswagen’s

comments. In its response, Champagne

stated that the petition addressed the

Standard 101 compliance issues that

were raised by Volkswagen. Champagne

also observed that the presence of

running lights on the 1991 Volkswagen

GTI (Canadian) does not affect the

vehicle’s compliance with the

requirements of Standard 108 that

pertain to that model year. Champagne

also noted that the petition addressed

the need for an automatic restraint

system and manual lap belts to be

installed in the 1991 Volkswagen GTI

(Canadian). Champagne stated that a

knee bolster with a U.S.-model part

number would be installed as part of the

automatic restraint system. Champagne

contended that the installation of

manual lap belts does not require

replacement of the entire seat, as the

belts will have attachment points to the

seat rails in the same manner as U.S.

certified models.

NHTSA has reviewed each of the

issues that Volkswagen has raised

regarding Champagne’s petition.

NHTSA believes that Champagne’s

responses adequately address each of

those issues. NHTSA further notes that

the modifications described by

Champagne have been performed with

relative ease on thousands of

nonconforming vehicles imported over

the years, and would not preclude the

non-U.S. certified 1991 Volkswagen GTI

(Canadian) 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–149 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

1991 Volkswagen GTI (Canadian) not

originally manufactured to comply with

all applicable Federal motor vehicle

safety standards is substantially similar

to a 1991 Volkswagen Golf GTI

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: April 18, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–10062 Filed 4–23–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board 1

[Docket No. AB–455X]

Ashley, Drew & Northern Railway

Company; Abandonment Exemption;

in Ashley and Drew Counties, AR

AGENCY: Surface Transportation Board.

ACTION: Notice of Exemption.

SUMMARY: The Board, under 49 U.S.C.

10505, exempts from the prior approval

requirements of 49 U.S.C. 10903–04 the

abandonment by Ashley, Drew &

Northern Railway Company of its entire

line between milepost 0 at Crossett and

milepost 40.5 at Monticello, in Ashley

and Drew Counties, AR, subject to an

environmental condition. The

abandonment of a segment of the line is

further conditioned upon the receipt of

Board authority for the discontinuance

of trackage rights over that segment.

DATES: Provided no formal expression of

intent to file an offer of financial

assistance has been received, this

exemption will be effective on May 24,

1996. Formal expressions of intent to

file an offer 2 of financial assistance

under 49 CFR 1152.27(c)(2) must be

filed by May 6,1996; petitions to stay

must be filed by May 9, 1996; requests

for a public use condition must be filed

by May 14, 1996; and petitions to

reopen must be filed by May 20, 1996.

ADDRESSES: Send pleadings referring to

Docket No. AB–455X to: (1) Office of the

Secretary, Case Control Branch, Surface

Transportation Board, 1201 Constitution

Avenue, NW., Washington, DC 20423,

and (2) Eugenia Langan, Shea &

Gardner, 1800 Massachusetts Avenue,

NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–5660.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Avenue, NW., Washington,

DC 20423. Telephone: (202) 289–4357/

4359. [Assistance for the hearing

impaired is available through TDD

services (202) 927–5271.]

Decided: April 9, 1996.