Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29789

Petitioner also contends that the

vehicle is capable of being readily

altered 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) placement of the appropriate

symbol on the seat belt warning lamp;

(c) 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 and front sidemarkers; (b)

installation of U.S.-model taillamp

assemblies which incorporate rear

sidemarkers; (c) installation of a high

mounted stop lamp.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirrors:

replacement of the passenger side rear

view mirror, which is convex, with a

U.S.-model component.

Standard No. 114 Theft Protection:

installation of a buzzer 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. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: installation of a seat belt

warning buzzer. The petitioner states

that the vehicle is equipped with an

automatic restraint system consisting of

a driver’s and passenger’s side air bag

and knee bolsters. The petitioner further

states that the vehicle is equipped with

Type 2 seat belts in the front and rear

outboard designated seating positions,

and with a Type 1 seat belt in the rear

center designated seating position.

Standard No. 214 Side Impact

Protection: installation of door beams.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

Additionally, the petitioner states that

the bumpers on the 1993 Mercedes-Benz

280E and 1994–1996 Mercedes-Benz

E280 must be reinforced to comply with

the Bumper Standard found in 49 CFR

Part 581.

The petitioner further states that

before the vehicle will be imported into

the United States, its VIN will be

inscribed on fourteen major car parts,

and a theft prevention certification label

will be affixed, in compliance with the

Theft Prevention Standard in 49 CFR

Part 541.

Interested persons are invited to

submit comments on the petition

described above. Comments should refer

to the docket number and be submitted

to: Docket Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, S.W.,

Washington, DC 20590. It is requested

but not required that 10 copies be

submitted.

All comments received before the

close of business on the closing date

indicated above will be considered, and

will be available for examination in the

docket at the above address both before

and after that date. To the extent

possible, comments filed after the

closing date will also be considered.

Notice of final action on the petition

will be published in the Federal

Register pursuant to the authority

indicated below.

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: June 4, 1996.

Clive Van Orden,

Chief of Equipment and Imports Division,

Office of Vehicle Safety Compliance.

[FR Doc. 96–14938 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 95–66; Notice 2]

Decision That Nonconforming 1992

Volkswagen Passat 4-Door Sedan

Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1992 Volkswagen

Passat 4-Door Sedan passenger cars are

eligible for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1992

Volkswagen Passat 4–Door Sedan

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 1992

Volkswagen Passat 4-Door Sedan), and

they are capable of being readily altered

to conform to the standards.

DATES: This decision is effective as of

July 12, 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 90–009) petitioned

NHTSA to decide whether 1992

Volkswagen Passat 4–Door Sedan

passenger cars are eligible for

importation into the United States.

NHTSA published notice of the petition

on August 25, 1995 (60 FR 44375) to

afford an opportunity for public

comment. As stated in the notice of

petition, the vehicle which Champagne

believes is substantially similar is the

1992 Volkswagen Passat 4–Door Sedan

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.
29790 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

The petitioner claimed that it

carefully compared the non- U.S.

certified 1992 Volkswagen Passat 4–

Door Sedan to its U.S. certified

counterpart, and found the two vehicles

to be substantially similar with respect

to compliance with most Federal motor

vehicle safety standards.

Champagne submitted information

with its petition intended to

demonstrate that the non-U.S. certified

1992 Volkswagen Passat 4–Door Sedan,

as originally manufactured, conforms to

many Federal motor vehicle safety

standards in the same manner as its U.S.

certified counterpart, or is capable of

being readily altered to conform to those

standards.

Specifically, the petitioner claimed

that the non-U.S. certified 1992

Volkswagen Passat 4-Door Sedan is

identical to its U.S. certified counterpart

with respect to compliance with

Standards 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

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, 216 Roof Crush Resistance,

219 Windshield Zone Intrusion, and

302 Flammability of Interior Materials.

Additionally, the petitioner stated

that the non-U.S. certified 1992

Volkswagen Passat 4-Door Sedan

complies with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contended that the

vehicle is capable of being readily

altered 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) installation of a seat belt

warning lamp; (c) 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; (b) installation of

U.S.-model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies; (d)

installation of a high-mounted stop

lamp.

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 warning buzzer

microswitch and a warning buzzer in

the steering lock assembly.

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. 118 Power Window

Systems: Rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing-actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switchactuated seat belt warning lamp and

buzzer; (c) installation of a passive

restraint system consisting of driver’s

and passenger’s side automatic seat

belts, knee bolsters, and associated

hardware that have identical part

numbers to those found on the vehicle’s

U.S. certified counterpart. The

petitioner stated that the vehicle is

equipped at its rear outboard seating

positions with combination lap and

shoulder restraints that release by

means of a single push button, and with

a lap belt at its center seating position.

Standard No. 214 Side Impact

Protection: Installation of reinforcing

beams.

Standard No. 301 Fuel System

Integrity: Installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

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 its comment,

Volkswagen stated that the petition

accurately reflected the modifications

needed to conform the non-U.S.

certified 1992 Volkswagen Passat 4-Door

Sedan to the requirements of Standard

Nos. 101, 108, 110, 111, 114, 115, and

118. Volkswagen contended that the

petition inaccurately characterized the

modifications that are necessary to

conform the vehicle to Standard Nos.

208, 210, 214, 301, and the Bumper

Standard found in 49 CFR Part 581.

Volkswagen claimed that the

modifications that were described in the

petition as necessary to conform the

vehicle to Standard Nos. 208 and 210

are ‘‘relatively complex’’ because the

vehicle is equipped with a motorized

automatic belt system. Volkswagen

notes that it has conducted Standard

No. 208 crash tests only on 1992 Passats

equipped with the 16- valve 4-cylinder

engine and the VR6 that are sold in the

United States market, as opposed to the

2 liter, 4-cylinder engine that is found

on the subject vehicle. Volkswagen

observed that the petition failed to note

that the vehicle’s U.S. certified

counterpart is equipped at both front

outboard seating positions with manual

lap belts in addition to motorized

automatic shoulder belts, and that the

inboard seat tracks for the U.S. certified

vehicle differ from those on the

European model to assure compliance

with Standard No. 208 crash tests and

Standard No. 210 seat belt anchorage

strength requirements. The company

characterized these differences as

critical because the manual lap belt

anchorages and the retractor for the

motorized shoulder belt are attached to

the seat. Volkswagen contended that

replacement of the inboard seat tracks,

which requires welding, and the

addition of reinforced tracks for the

motorized automatic belt system in the

A-pillar and roof rail are necessary to

assure compliance with the Standard

No. 208 crash test and the Standard No.

210 seat belt anchorage strength

requirements.

Additionally, the company contended

that a substantial amount of wiring and

a number of electrical switches and

relays must be installed for the

motorized automatic belt system to

work properly and safely. Volkswagen

also claimed that the steering wheel on

the U.S. certified 1992 Passat differs

from that on its European counterpart in

that its hub has a ‘‘deep dish design’’ to

assure compliance with Standard 208

crash test injury criteria.

Noting that the European version of

the 1992 Passat is equipped with

reinforcing beams that are required for

compliance with the static crush test

requirements of Standard 214,

Volkswagen challenged the petition’s

claim that the vehicle must be modified

to include this equipment.

Volkswagen also noted that it has

only crash tested vehicles with engines

and fuel systems sold in the United

States for compliance with Standard

301, and that such testing, or least a
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29791

detailed analysis is necessary to support

the petitioner’s claim that the subject

vehicle, which is equipped with a 2

liter, 4-cylinder engine that was not

certified for the United States, can be

modified to comply with the standard.

Volkswagen finally disagreed with the

petitioner’s claim that the non-U.S.

certified 1992 Passat complies with the

Bumper Standard. The company

contended that critical attachment

hardware components and the bumper

beam differ in the vehicle’s U.S.

certified counterpart, and that these

parts would have to be installed for the

European version of the vehicle to

achieve compliance with the standard.

NHTSA accorded Champagne an

opportunity to respond to Volkswagen’s

comments. In its response, Champagne

noted that it has been conforming

vehicles to Standard Nos. 208 and 210

for over twelve years, and that although

the systems that must be installed to

achieve such compliance are ‘‘relatively

complex,’’ their installation is well

within Champagne’s area of expertise

and technical ability. Champagne

further noted that NHTSA has not

denied import eligibility to a vehicle in

the past on the basis that it is equipped

with a different size engine from that

found on its U.S. certified counterpart.

Champagne acknowledged that its

petition omitted the fact that the nonU.S. certified 1992 Passat is equipped

with manual seat belts at both front

outboard seating positions, and asserted

that these belts are identical to those

found on the vehicle’s U.S. certified

counterpart. Champagne disputed

Volkswagen’s contention that it is

necessary to change the inboard seat

tracks and add reinforced motorized

automatic belt system tracks in the Apillar and roof rail to conform the nonU.S. certified 1992 Passat to Standard

Nos. 208 and 210. Champagne asserted

that the vehicle is equipped with

inboard seat tracks that are identical to,

and have the same part number as those

found on its U.S. certified counterpart.

Moreover, Champagne contended that

the vehicle is equipped with reinforced

tracks in the A-pillar and with mounting

points for the seat belt rail which must

be installed to complete the automatic

restraint system. Champagne also

disputed Volkswagen’s contention that

welding is necessary to accomplish

these modifications. Champagne

acknowledged that it must replace the

steering wheel on the non-U.S. certified

1992 Passat with one identical to that

found on the vehicle’s U.S.- certified

counterpart.

Champagne also acknowledged that

the petition erroneously stated that

reinforcing beams would have to be

installed to conform the vehicle to

Standard No. 214.

With respect to the Standard No. 301

compliance issues raised by

Volkswagen, Champagne observed that

Volkswagen applies the same good

engineering judgment in the design and

installation of the fuel system in its 2

liter engine as it does for those installed

in U.S. certified models. Because the

body crash characteristics do not differ

between U.S. and non-U.S. certified

versions of the 1992 Passat, Champagne

stated that it can be reasonably assumed

that fuel system integrity characteristics

are the same as well.

With respect to the Bumper Standard

issues raised by Volkswagen,

Champagne reiterated its belief that the

non-U.S. certified 1992 Passat is

equipped with a bumper system

identical to that found on its U.S.

certified counterpart. However, to

eliminate any doubts regarding this

matter, Champagne stated that it would

reinforce the existing bumper structure

and replace the bumper attachment

hardware with that found on the

vehicle’s U.S. certified counterpart.

NHTSA accorded Volkswagen an

opportunity to respond to Champagne’s

comments. In its response, Volkswagen

noted that its original comments were

based on information provided by the

vehicle’s manufacturer, and that ‘‘[w]ith

worldwide production and increasing

efforts to harmonize parts, it is possible

that the factory made a production

change and installed the U.S. versions

of the seat tracks in the European

vehicle.’’ Volkswagen reiterated that the

installation of a motorized automatic

belt system requires ‘‘significant

electrical and mechanical work to

assure proper and safe performance,’’

and left to NHTSA’s discretion the

matter of whether this work should be

inspected before the vehicle is released.

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 to conform the vehicle to

Standard No. 301 and the Bumper

Standard have been performed with

relative ease on thousands of

nonconforming vehicles imported over

the years, and would not preclude the

non-U.S. certified 1992 Volkswagen

Passat 4-Door Sedan from being found

‘‘capable of being readily modified to

comply with all Federal motor vehicle

safety standards.’’ Additionally, the

modifications described by Champagne

to conform the vehicle to Standard Nos.

208 and 210 would not preclude such

a finding, in view of the fact that

numerous vehicles have been so

modified by Champagne and other

registered importers in recent years, and

that such modifications are well within

the expertise of those registered

importers. 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–148 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

1992 Volkswagen Passat 4-Door Sedan

not originally manufactured to comply

with all applicable Federal motor

vehicle safety standards is substantially

similar to a 1992 Volkswagen Passat 4-

Door Sedan 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: June 6, 1996.

Clive Van Orden,

Chief of Equipment and Imports Division,

Office of Vehicle Safety Compliance.

[FR Doc. 96–14939 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–063; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1993

Mercedes-Benz 220E and 1994–1996

Mercedes-Benz E220 Passenger Cars

Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1993

Mercedes-Benz 220E and 1994–1996

Mercedes-Benz E220 passenger cars are

eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that 1993 Mercedes-Benz

220E and 1994–1996 Mercedes-Benz

E220 passenger cars that were not

originally manufactured to comply with

all applicable Federal motor vehicle