[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32893-32895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16119]



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DEPARTMENT OF TRANSPORTATION
[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.

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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. Sec. 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. Sec. 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

[[Page 32894]]

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

[[Page 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 non-U.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. Sec. 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