Decision That Nonconforming 1993 Volkswagen Golf III Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-55; Notice 2]

Decision That Nonconforming 1993 Volkswagen Golf III Passenger

Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA) DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1993 Volkswagen

Golf III passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1993

Volkswagen Golf III 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 1993 Volkswagen Golf III), and they are capable of being

readily altered to conform to the standards.

DATES: This decision is effective January 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, 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.

J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered

Importer R-90-006) petitioned NHTSA to decide whether 1993 Volkswagen

Golf III passenger cars are eligible for importation into the United

States. NHTSA published notice of the petition on July 20, 1993 (59 FR

37124) to afford an opportunity for public comment. The notice

identified the vehicle that is the subject of the petition as the

``1994 Volkswagen Golf III.'' In its comments responding to the notice,

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 1993 model.

After being apprised of this comment, the petitioner acknowledged that

the petition was in error, and that the manufacturer properly

identified the vehicle as a 1993 model. In view of this correction,

this notice describes the petition as pertaining to a 1993 model

vehicle.

As stated in the notice of the petition, the vehicle that J.K.

claimed to be substantially similar is the version of the 1993

Volkswagen Golf III 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. 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 non-U.S. certified

1993 Volkswagen Golf III 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 Accelertor 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.

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) 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 and front sidemarkers; (b)

installation of U.S.-model taillamp assemblies which incorporate rear

sidemarkers; (c) installation of a high mounted stop lamp; (d)

replacement of bulb failure modules with U.S.-model components.

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 key

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. 208 Occupant Crash Protection: (a) Installation of a

seat belt warning buzzer, wired to the seatbelt latch; (b) installation

of a passive restraint system consisting of a door-anchored automatic

belts and a knee [[Page 3023]] bolster. The petitioner noted that the

non-U.S. certified 1993 Volkswagen Golf III is supplied with mounting

points and bolt holes for the installation of this equipment and that

no structural changes are necessary.

Additionally, the petitioner stated that bumper shocks must be

installed on the non-U.S. certified 1993 Volkswagen Golf III to comply

with the Bumper Standard found in 49 CFR Part 581. The petitioner

further noted that it may be necessary to install a U.S.-model bumper

cover on some vehicles to accommodate the market lights.

One comment was received in response to the notice of the petition,

from Volkswagen of America, Inc. (``Volkswagen''), the United States

representative of the vehicle's manufacturer. In its comment,

Volkswagen stated that in order to conform the non-U.S. certified 1993

Volkswagen Golf III to the requirements of Standard No. 108, all of the

vehicle's lamps would have to be changed because they all lack DOT

certification markings. Additionally, Volkswagen noted that sidemarkers

and a high mounted stop lamp would have to be added to the vehicle,

requiring wiring harness connections, and that the headlamp bulb

connector plug must be changed to accommodate a U.S.-model headlamp.

Volkswagen further claimed that there are major differences between

the U.S. certified and non-U.S. certified versions of the 1993

Volkswagen Golf III that affect compliance with Standard Nos. 207, 209,

and 210. Specifically, Volkswagen stated that the non-U.S. certified

version of the vehicle is equipped with a smaller engine (1.8 vs. 2.0

liters) that has its intake manifold mounted closer to the firewall,

and that this difference could affect the manner in which the engine

contacts the vehicle structure during frontal crash tests. Volkswagen

further noted that the grill and radiator support structure in the non-

U.S. certified 1993 Volkswagen Golf III is made from plastic rather

than metal, and that this difference could affect energy absorption

characteristics that have a bearing on frontal crash test performance.

Volkswagen also stated that in order to comply with Standard Nos.

207, 108 and 210, seat tracks that are welded to the floor on the non-

U.S. certified 1993 Volkswagen Golf III would have to be removed and

replaced with U.S.-model equipment. Volkswagen noted that the seat

adjustment positions are different on U.S.-certified vehicles in order

to assure crash test compliance for this vehicle, which is equipped

with automatic shoulder belts to meet the passive restraint

requirements of Standard No. 208. Volkswagen also noted that because

the retractor for the automatic should belt is anchored to the vehicle

tunnel, an anchorage reinforcement structure must be welded in place on

non-U.S. certified models to assure compliance with Standard No. 210.

Additionally, Volkswagen asserted that a manual lap belt would have to

be installed for the non-U.S. certified Volkswagen Golf III to be

equivalent to its U.S. certified counterpart. Volkswagen further noted

that even if the restraint system and seat components were to be

modified on the non-U.S. certified 1993 Volkswagen Golf III, there is

no assurance that the vehicle would comply with Standards 207, 208, and

210 unless the petitioner conducts a full scale crash test on a

modified vehicle.

Volkswagen also stated that, in order to comply with the Bumper

Standard found in 49 CFR Part 581, the front and rear bumpers on the

non-U.S. certified 1993 Volkswagen Golf III must be replaced with U.S.-

model components. Volkswagen claimed that this would require

modifications to the frame attachment points for the front and rear

bumper that could also affect Standard No. 208 crash test performance.

Volkswagen concluded its comments by asserting that ``substantial

similarities between the European and the United States certified

versions of the Golf III vehicle are lacking and that the European

version cannot readily be modified to conform to U.S. standards.''

NHTSA accorded J.K. an opportunity to respond to Volkswagen's

comments. In its response, J.K. stated that in order to install U.S.-

model headlights and marker lights on a non-U.S. certified 1993

Volkswagen Golf III, it must change everything on the front end of the

vehicle except for the front fenders. In the process, J.K. asserts that

all of the plastic front end parts that Volkswagen referred to in its

discussion of Standard No. 208 are eliminated and replaced with U.S.-

model steel parts that are bolted to existing mounting points,

eliminating the need for any cutting or welding.

With respect to the Standard No. 208 compliance issues raised by

Volkswagen, J.K. stated that the intake manifold on the non-U.S.

certified 1993 Volkswagen Golf III's 1.8 liter engine is only one

quarter of an inch closer to the firewall than the intake manifold on

the 2.0 liter engine of its U.S. certified counterpart. J.K. asserts

that this difference will not affect the crashworthiness of the non-

U.S. certified vehicle.

Addressing Volkswagen's comments on Standard No. 210, J.K. stated

that it examined the seat tracks on the non-U.S. certified 1993

Volkswagen Golf III, and found them to bear U.S. part numbers. As as

consequence, J.K. stated that it was able to bolt manual lap belts to

the seats without the need for modifications. Additionally, J.K.

asserted that it carefully compared the tack and seat angle of the non-

U.S. certified 1993 Volkswagen Golf III to that of its U.S. certified

counterpart, and found these characteristics to be identical. J.K.

further asserted that in order to install center passive restraint belt

retractors on the non-U.S. certified 1993 Volkswagen Golf III, it

replaced the entire center console with a U.S. model component, which

could be bolted into existing holes without the need for modifications.

With respect to the Bumper Standard issues raised by Volkswagen,

J.K. stated that the front bumper bolts directly to the new steel front

end that it installs on the non-U.S. certified 1993 Volkswagen Gold III

to accommodate U.S.-model headlamps. J.K. further asserted that it adds

a reinforcing beam to assure compliance with the Bumper Standard, and

that with these modifications, the vehicle meets or exceeds that

standard's requirements.

NHTSA accorded Volkswagen an opportunity to respond to J.K.'s

comments. In its response, Volkswagen stated that the inboard front

seat tracks are identical on the U.S. certified and non-U.S. certified

versions of the 1993 Volkswagen Golf III, but that the outboard tracks

differ so that U.S. certified models can meet Standard 208 passive

restraint requirements. Volkswagen further contended that in order to

assure compliance with Standard No. 210, reinforcement plates must be

welded to the tunnel for mounting the passive restraint retractor

assembly. Volkswagen finally asserted that without conducting crash

tests, J.K. ``relies on intuition to justify FMVSS 208 compliance.''

NHTSA accorded J.K. an opportunity to respond to these comments. In

its response, J.K. stated that European and U.S.-model seat tracks

cannot be interchanged on the 1993 Volkswagen Golf III. J.K. further

asserted that Volkswagen equipped U.S.-model seat tracks on both the

U.S.- and the non-U.S. certified versions of the vehicle after the

company completed U.S. crash tests on the vehicle. J.K. additionally

stated that it added reinforcement plates to the tunnel between the

seats, on which it bolted the new seat retractors. J.K. finally

observed that even if Volkswagen has not crash tested a 1993

[[Page 3024]] Volkswagen Golf III with a 1.8 liter engine, the company

did conduct such tests on the same vehicles equipped with 2.0 liter and

V6 engines. J.K. contended that because of its lower mass and reduced

inertia impact testing, a vehicle equipped with a 1.8 liter engine

would yield better results than vehicles equipped with larger engines.

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. have been performed with relative ease

on thousands of nonconforming vehicles imported over the years, and

would not preclude the non-U.S. certified Volkswagen Golf III 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 92 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 1993 Volkswagen Golf III not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is

substantially similar to a 1993 Volkswagen Golf III 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: January 6, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95-754 Filed 1-11-95; 8:45 am]

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