Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices 32893

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, 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 1992 Zone

Intrusion, and 302 Flammability of

Interior Materials.

Additionally, the petitioner states that

the 1992 Mercedes- Benz 250D complies

with the Bumper Standard found in 49

CFR Part 581.

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 a

noncomplying symbol on the brake

failure indicator lamp; (b) installation of

a seat belt warning lamp that displays

the appropriate symbol; (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; (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 Mirrors:

replacement of the convex passenger

side rearview mirror.

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. 206 Door Locks and

Door Retention Components:

replacement of the rear door locks and

lock buttons with U.S.-model parts.

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) replacement of the driver’s

side air bag and knee bolster with U.S.-

model components. The petitioner

states that the vehicle is equipped at

each front designated seating position

with a combination lap and shoulder

restraint that adjusts by means of an

automatic retractor and releases by

means of a single push-button. The

petitioner further states that the vehicle

is equipped at both outboard rear

designated seating positions with

combination lap and shoulder restraints

that release by means of a single pushbutton, and with a lap belt in the rear

center designated 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.

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 19, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–16118 Filed 6–24–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–23; Notice 2]

Decision That Nonconforming 1987

Volkswagen Golf Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1987 Volkswagen

Golf passenger cars are eligible for

importation.

SUMMARY: This notice announces the

decision by NHTSA that 1987

Volkswagen Golf 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 1987

Volkswagen Golf), and they are capable

of being readily altered to conform to

the standards.

DATES: This decision is effective June

25, 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
32894 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices

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

1986 Volkswagen Golf passenger cars

are eligible for importation into the

United States. NHTSA published notice

of the petition on March 21, 1996 (61 FR

11675) to afford an opportunity for

public comment. In a comment

responding to this notice, a

representative of the vehicle’s

manufacturer stated that vehicle

identification number (VIN) assigned to

the specific vehicle that the petitioner

seeks to import identifies that vehicle as

a 1987 model. In view of this correction,

this notice identifies the vehicle that is

the subject of the petition, and the

substantially similar U.S. certified

comparison vehicle, as the ‘‘1987

Volkswagen Golf.’’

As stated in the notice of petition, the

comparison vehicle 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

carefully compared the non-U.S.

certified 1987 Volkswagen Golf 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.

J.K. submitted information with its

petition intended to demonstrate that

the non-U.S. certified 1987 Volkswagen

Golf, 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 1987

Volkswagen Golf 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

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 Impact Protection,

216 Roof Crush Resistance, 219

Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302 Flammability

of Interior Materials.

Additionally, the petitioner stated

that the non-U.S. certified 1987

Volkswagen Golf 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) 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 headlamps

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 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: installation of a seat belt

warning buzzer. The petitioner stated

that the vehicle is equipped with

shoulder and lap belts in all outboard

seating positions and with a lap belt in

the rear center seating position that are

identical to those found on its U.S.

certified counterpart.

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

incorrectly identified the non-U.S.

certified 1987 Golf as complying with

Standard No. 212. Volkswagen observed

that only clips were used for mounting

the windshield on this vehicle, as

opposed to the adhesive bonding

method that was employed in the U.S.

certified version. Volkswagen also

stated that the body of the U.S. certified

vehicle included additional

reinforcements and structural

modifications to assure compliance with

Standard No. 219, and its fuel system

was equipped with special valves to

assure compliance with Standard No.

301. Volkswagen further observed that

the non-U.S. certified 1987 Golf did not

have the door beam structure that is

necessary for compliance with Standard

No. 214. Additionally, Volkswagen

stated that the vehicle was

manufactured with some foam seat parts

that were not treated with flame

resistant agents to comply with

Standard No. 302. Volkswagen further

stated that the non-U.S. certified 1987

Golf was not manufactured to comply

with the Bumper Standard in 49 CFR

Part 581. Volkswagen finally observed

that the seat belt system on the non-U.S.

certified 1987 Golf needs to be

inspected for compliance with Standard

No. 209, as the parts on that vehicle

differ in some instances from those on

the U.S. certified version.

NHTSA accorded J.K. an opportunity

to respond to Volkswagen’s comments.

In its response, J.K. acknowledged that

the petition overlooked the fact that the

windshield on the non-U.S. certified

1987 Golf must be bonded to comply

with Standard No. 212. J.K. stated that

it routinely glues windshields on

vehicles coming from Europe, a none of

them are bonded. With respect to the

Standard No. 301 compliance issue

raised by Volkswagen, J.K. stated that it

adds a fuel system check valve to the

evaporative system as part of the

modifications that it makes to conform

the vehicle to EPA requirements. J.K.

stated that the valve is placed in the

breather line from the gas tank to the

evaporative canister on vehicles that are

not equipped with a catalytic converter.

J.K. observed that this modification is

unnecessary for vehicles that are so

equipped, as the valve is installed in

those vehicles during factory assembly.

With respect to the Standard No. 214

and Bumper Standard issues raised by

Volkswagen, J.K. stated that door beams

are added to vehicles and their bumpers

are modified on a case-by-case basis.

J.K. observed that some vehicles are
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Notices 32895

already equipped with door beams and

reinforced bumpers, such as those built

for the Middle Eastern market. When it

encounters a vehicle that lacks this

equipment, J.K. stated that it makes the

necessary modifications and furnishes

NHTSA with an engineering report.

Addressing the Standard No. 302

compliance issue raised by Volkswagen,

J.K. stated that it inspects vehicle seats

for a U.S. part number, and if one is not

found, the material is treated with a

flame retardant. With these

modifications, as well as those outlined

in the petition, J.K. asserts that the nonU.S. certified 1987 Golf will comply

with all applicable standards.

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. to conform the vehicle

to Standard No. 212, 214, 301, 302, 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 1987

Volkswagen Golf 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–159 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

1987 Volkswagen Golf not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is substantially similar to a

1987 Volkswagen Golf 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 19, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–16119 Filed 6–24–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–003; Notice 2]

Michelin North America, Inc.; Grant of

Application for Decision of

Inconsequential Noncompliance

This notice grants the application by

Michelin North America, Inc. (Michelin)

of Greenville, South Carolina, to be

exempted from the notification and

remedy requirements of 49 U.S.C. 30118

and 30120 for a noncompliance with 49

CFR 571.109, Motor Vehicle Safety

Standard No. 109, ‘‘New Pneumatic

Tires.’’ The basis of the petition is that

the noncompliance is inconsequential to

motor vehicle safety.

Notice of receipt of the petition was

published on February 2, 1996, and an

opportunity afforded for comment (61

FR 3962).

Background

Section S4.3(b) of FMVSS No. 109

requires that tires be labeled with the

maximum permissible inflation

pressure.

During the period of the 27th through

the 37th week of 1995, Manufacture

Francaise des Pneumatiques Michelin in

Clermont-Ferrand, France,

manufactured tires that had incorrect

maximum inflation pressure

information in pounds per square inch

(psi), labeled on both tire sidewalls.

Approximately 247 of the tires may

have reached the United States. The

subject tires, P185/75R14X Radial BW,

are correctly labeled with a maximum

inflation pressure of 240 kilopascals

(kPa). The label on these tires

incorrectly gives the maximum inflation

pressure as 33 psi. The maximum

inflation pressure should be 35 psi. All

tires are sold only in the replacement

market.

Michelin supported its petition for

inconsequential noncompliance with

the following:

[Michelin does] not believe that this

minor error on the tire sidewall will

impact motor vehicle safety since the

pressure is correctly marked in kPa on

the tire sidewall. Furthermore, the

vehicle owners manual and/or vehicle

placard, as required by 49 CFR Part

571.110 S4.3(c), instructs the user of the

correct pressure to be used in the tire.

Additionally, many publications,

instructing the user to inflate tires to the

recommended inflation found on the

placard, are available to the public.

Examples of these documents include:

1. Tire Industry Safety Council (CTG–

1/94)—‘‘Motorist’s Tire Care and Safety

Guide’’—‘‘The correct air pressure is

shown on the tire placard (or sticker)

attached to the vehicle-door post, glove

box, or fuel door.’’

2. Tire Industry Safety Council—April

4, 1995, release—‘‘Owners should

inflate tires for normal operation to the

vehicle manufacturer’s recommended

inflation pressure found on the door

post, glove box, or in the owner’s

manual.’’

3. Rubber Manufacturers Association

(ALT 8–87)—‘‘Care and Service of

Automobile and Light Truck Tires,’’

‘‘Proper tire inflation is shown on the

vehicle’s tire placard. If there is no tire

placard, consult the vehicle owner’s

manual or check with the tire or vehicle

manufacturer for the proper inflation.’’

Comments

One commenter, who describes

himself as an ‘‘experienced tire

engineer,’’ responded to the February 2,

1996, Federal Register notice. The

commenter opposes granting the

Michelin petition on the basis that the

subject is not an ‘‘inconsequential

noncompliance,’’ and should be denied.

The commenter also trusts that a recall

will be ordered should Michelin have

prematurely, accidentally, or

inadvertently released or distributed the

247 P185/75R14x Radial BW tires. He

submitted the following reasons in

support:

1. Having the incorrect maximum

inflation pressure is a major safety

problem when it is on the tire.

Consumers and, more importantly, tire

mounters refer most often to the tire

itself for inflation information—and not

to the door post, glove box, door edge,

fuel door, or the usually missing

owner’s manual, or the many available

public documents referenced.

2. Any one noticing a value on the tire

being different from the other sources

would trust the tire over the other

information sources, particularly on a

Michelin tire—one of the more widelytrusted brands.

3. Having the error occur in the psi

value is much more detrimental than in

the kPa value, since 99.9999 ad

infinitum [percentage %] American

would use the psi value and not the

[kPa] value.

4. The actual conversion for 35 psi is

241 kPa—not 240 as Michelin claims.

5. * * * most gauges sold in the U.S.

as well as most self-serve air supply

gauges do not read in or show kPa.

6. If Michelin really wants to sell

these mere 247 tires, they can easily

brand the correct psi maximum value on

the tires. Michelin might have to sell