Federal Register: August 7, 2000 (Volume 65, Number 152)
DOCID: FR Doc 00-19921
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Docket ID: [Docket No. NHTSA-98-4548; Notice 2]
NOTICE: NOTICES
ACTION: Motor vehicle safety standards:
SUBJECT CATEGORY:
Denial of Petition for Import Eligibility Decision
DOCUMENT SUMMARY:
This notice sets forth the reasons for the denial of a petition submitted to the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. Sec. 30141(a)(1)(A). The petition, which was submitted by G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K''), a registered importer of motor vehicles, requested NHTSA to decide that certain 19891991 Volkswagen Golf 4Door Sedans that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States. In the petition, G&K contended that these vehicles are eligible for importation on the basis that (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 19891991 Volkswagen Golf 4Door Sedan), and (2) they are capable of being readily altered to conform to the standards.
NHTSA published a notice in the Federal Register on October 26,
1998 (63 FR 57158) that contained a thorough description of the
petition, and solicited public comments upon it. One comment was
received in response to the notice, from Volkswagen of America, Inc.
(``Volkswagen''), the United States representative of Volkswagen AG,
the vehicle's manufacturer. In this comment, Volkswagen contended that
the vehicles that are the subject of the petition are fourwheel drive
vehicles which are not substantially similar to the Golf 4Door Sedan
with fourwheel drive that was originally manufactured and certified
for sale in the United States and that these vehicles are not capable
of being readily altered to conform to the standards. Specifically,
Volkswagen observed that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans with fourwheel drive that
[[Page 48279]]
are the subject of the petition are heavier than the heaviest Golf
model certified for sale in the United States, have a different four
wheel drive configuration, and approximately 100mm of additional ground
clearance. As a consequence, Volkswagen asserted that crash testing
would be required to assure that the nonU.S. certified 19891991
Volkswagen Golf 4Door Sedans comply with Federal Motor Vehicle Safety
Standard Nos. 203, Impact Protection for the Driver from the Steering
Control System, 204 Steering Control Rearward Displacement, 208
Occupant Crash Protection, 212 Windshield Mounting, 219 Windshield Zone Intrusion, and 301 Fuel System Integrity.
Additionally, Volkswagen contended that the 19891991 Volkswagen Golf 4Door Sedans produced in Germany for the European market would not comply with the Bumper Standard found at 49 CFR Part 581 because those vehicles have greater ground clearance than their U.S.certified counterparts, and are equipped with front bumper mounted ``bull bars'' not found on U.S.certified models. Volkswagen asserted that these features would affect the vehicles' bumper and crash test performance.
Volkswagen also observed that 19891991 Volkswagen Golf 4Door Sedans produced in Germany for the European market are equipped with headlamps and signaling lamps that would not comply with Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, and would also require modification, including the installation of a center high mounted stop lamp, to comply with that standard.
Volkswagen further stated that a passive shoulder belt system would have to be installed on the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans to comply with Standard No. 208 Occupant Crash Protection. Volkswagen noted that the installation of such a system would require the attachment of anchorages in the tunnel area and on the front door and the attachment and welding of reinforcements to the Bpillar. Volkswagen also noted that a knee bar would have to be installed on the instrument panel for compliance with the passive restraint crash test requirements.
Volkswagen also asserted that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans would not comply with Standard No. 212 Windshield Mounting because only clips were used for mounting the windshield on these vehicles, as opposed to the adhesive bonding method that was employed in the U.S. certified versions. Volkswagen further observed that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans did not have the door beam structure that is necessary for compliance with Standard No. 214. Additionally, Volkswagen stated that the vehicles were manufactured with some foam seat parts that were not treated with flame resistant agents to comply with Standard No. 302.
G&K did not respond to Volkswagen's comments even though NHTSA accorded it an opportunity to do so. In light of the issues that Volkswagen has raised regarding the lack of substantial similarity between nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans and the U.S.certified versions of those vehicles, NHTSA has concluded that the petitioner has failed to demonstrate that nonU.S. certified 1989 1991 Volkswagen Golf 4Door Sedans are (1) substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States and certified under 49 U.S.C. Sec. 30115 and (2) are capable of being readily altered to comply with all applicable Federal motor vehicle safety standards. The petition must therefore be denied under 49 CFR 593.7(e).
In accordance with 49 U.S.C. Sec. 30141(b)(1), NHTSA will not consider a new import eligibility petition covering these vehicles until at least three months from the date of this notice.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: August 2, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 0019921 Filed 8400; 8:45 am]
BILLING CODE 491059P
SUMMARY:
Nonconforming vehicles—; Importation eligibility; determinations,
DOCUMENT BODY 2:
This notice sets forth the reasons for the denial of a petition submitted to the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. Sec. 30141(a)(1)(A). The petition, which was submitted by G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K''), a registered importer of motor vehicles, requested NHTSA to decide that certain 19891991 Volkswagen Golf 4Door Sedans that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States. In the petition, G&K contended that these vehicles are eligible for importation on the basis that (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 19891991 Volkswagen Golf 4Door Sedan), and (2) they are capable of being readily altered to conform to the standards.
NHTSA published a notice in the Federal Register on October 26,
1998 (63 FR 57158) that contained a thorough description of the
petition, and solicited public comments upon it. One comment was
received in response to the notice, from Volkswagen of America, Inc.
(``Volkswagen''), the United States representative of Volkswagen AG,
the vehicle's manufacturer. In this comment, Volkswagen contended that
the vehicles that are the subject of the petition are fourwheel drive
vehicles which are not substantially similar to the Golf 4Door Sedan
with fourwheel drive that was originally manufactured and certified
for sale in the United States and that these vehicles are not capable
of being readily altered to conform to the standards. Specifically,
Volkswagen observed that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans with fourwheel drive that
[[Page 48279]]
are the subject of the petition are heavier than the heaviest Golf
model certified for sale in the United States, have a different four
wheel drive configuration, and approximately 100mm of additional ground
clearance. As a consequence, Volkswagen asserted that crash testing
would be required to assure that the nonU.S. certified 19891991
Volkswagen Golf 4Door Sedans comply with Federal Motor Vehicle Safety
Standard Nos. 203, Impact Protection for the Driver from the Steering
Control System, 204 Steering Control Rearward Displacement, 208
Occupant Crash Protection, 212 Windshield Mounting, 219 Windshield Zone Intrusion, and 301 Fuel System Integrity.
Additionally, Volkswagen contended that the 19891991 Volkswagen Golf 4Door Sedans produced in Germany for the European market would not comply with the Bumper Standard found at 49 CFR Part 581 because those vehicles have greater ground clearance than their U.S.certified counterparts, and are equipped with front bumper mounted ``bull bars'' not found on U.S.certified models. Volkswagen asserted that these features would affect the vehicles' bumper and crash test performance.
Volkswagen also observed that 19891991 Volkswagen Golf 4Door Sedans produced in Germany for the European market are equipped with headlamps and signaling lamps that would not comply with Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, and would also require modification, including the installation of a center high mounted stop lamp, to comply with that standard.
Volkswagen further stated that a passive shoulder belt system would have to be installed on the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans to comply with Standard No. 208 Occupant Crash Protection. Volkswagen noted that the installation of such a system would require the attachment of anchorages in the tunnel area and on the front door and the attachment and welding of reinforcements to the Bpillar. Volkswagen also noted that a knee bar would have to be installed on the instrument panel for compliance with the passive restraint crash test requirements.
Volkswagen also asserted that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans would not comply with Standard No. 212 Windshield Mounting because only clips were used for mounting the windshield on these vehicles, as opposed to the adhesive bonding method that was employed in the U.S. certified versions. Volkswagen further observed that the nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans did not have the door beam structure that is necessary for compliance with Standard No. 214. Additionally, Volkswagen stated that the vehicles were manufactured with some foam seat parts that were not treated with flame resistant agents to comply with Standard No. 302.
G&K did not respond to Volkswagen's comments even though NHTSA accorded it an opportunity to do so. In light of the issues that Volkswagen has raised regarding the lack of substantial similarity between nonU.S. certified 19891991 Volkswagen Golf 4Door Sedans and the U.S.certified versions of those vehicles, NHTSA has concluded that the petitioner has failed to demonstrate that nonU.S. certified 1989 1991 Volkswagen Golf 4Door Sedans are (1) substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States and certified under 49 U.S.C. Sec. 30115 and (2) are capable of being readily altered to comply with all applicable Federal motor vehicle safety standards. The petition must therefore be denied under 49 CFR 593.7(e).
In accordance with 49 U.S.C. Sec. 30141(b)(1), NHTSA will not consider a new import eligibility petition covering these vehicles until at least three months from the date of this notice.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: August 2, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 0019921 Filed 8400; 8:45 am]
BILLING CODE 491059P