Decision That Nonconforming 1994 Volvo 945 GL Wagons Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-27; Notice 2]

Decision That Nonconforming 1994 Volvo 945 GL Wagons Are Eligible

for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1994 Volvo 945

GL Wagons are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994 Volvo

945 GL Wagons 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 1994 Volvo 940 GL Wagon), and they are capable of

being readily altered to conform to the standards.

DATE: This decision is effective as of the date of its publication in

the Federal Register (February 22, 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 (Registered

Importer No. R-90-009) petitioned NHTSA to decide whether 1994 Volvo

945 GL Wagon passenger cars are eligible for importation into the

United States. NHTSA published notice of the petition on May 1, 1995

(60 FR 21235) to afford an opportunity for public comment. As stated in

the notice, the vehicle which Champagne believes is substantially

similar is the 1994 Volvo 940 GL Wagon. Champagne submitted information

indicating that the 1994 Volvo 940 GL Wagon was certified as conforming

to all applicable Federal motor vehicle safety standards and offered

for sale in the United States.

Champagne submitted information with its petition intended to

demonstrate that the 1994 Volvo 945 GL Wagon, as originally

manufactured, conforms to many Federal motor vehicle safety standards

in the same manner as the 1994 Volvo 940 GL Wagon, or is capable of

being readily altered to conform to those standards.

Specifically, the petitioner claimed that the 1994 Volvo 945 GL

Wagon is identical to the 1994 Volvo 940 GL Wagon 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, 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 1994 Volvo 940 GL

Wagon 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.

[[Page 6888]]

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, but lacks the required warning

statement.

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: (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 retractor; (b)

installation of an ignition switch-actuated seat belt warning lamp and

buzzer; (c) installation of a U.S.-model driver's side air bag and knee

bolster. The petitioner stated that the vehicle is also equipped in

both front seating positions with combination lap and shoulder belts

that adjust by means of an automatic retractor and release by means of

a single push button. The petitioner further stated that the vehicle is

equipped at each rear outboard seating position with a lap and shoulder

belt and with a lap belt at the rear 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 the petition,

from Volvo Cars of North America, Inc., (``Volvo''), the United States

representative of the vehicle's manufacturer, Volvo Car Corporation of

Gothenburg, Sweden. In its comment, Volvo stated that in addition to

the noncompliances noted by the petitioner, the 1994 Volvo 945 GL Wagon

is equipped with a parking brake indicator light and an anti-lock brake

system malfunction light that do not comply with Standard No. 101.

Volvo also stated that it does not manufacture sealed beam headlamps

for 1994 Volvo 945 GL Wagon that would comply with Standard No. 108, or

know of such equipment being manufactured by any other company, and

that none of the vehicle's external lamps comply with the standard.

Volvo further stated that the vehicle's driver side rearview mirror

does not comply with Standard No. 111, that it lacks a key-interlock

system that would comply with Standard No. 114, and that it is neither

equipped with U.S.-model bumpers nor been tested for compliance with

the Bumper Standard, 49 CFR part 581.

Volvo's last comment was that the 1994 Volvo 945 GL Wagon is not

equipped with a passenger side air bag and knee bolster, as found on

the U.S. certified 1994 Volvo 945 GL Wagon. Volvo contends that these

components are part of a ``complex and sensitive system which is

integrated into the vehicle,'' and that it is not possible to retrofit

such a system ``while still assuring system reliability.'' As a

consequence, Volvo contends that the 1944 Volvo 945 GL Wagon is not

capable of being readily altered to conform to the Federal motor

vehicle safety standards.

NHTSA accorded Champagne an opportunity to respond to Volvo's

comments. In its response, Champagne stated that it will install U.S.-

model brake indicator and an anti-lock brake system malfunction lights

to address the concerns that Volvo raised regarding compliance with

Standard No. 101. Champagne further stated that it will replace the

headlights on the 1994 Volvo 945 GL Wagon with U.S.-model components to

assure compliance with Standard No. 108, and that its petition already

addressed all other issues regarding this standard that were raised by

Volvo. Champagne stated that it will replace the driver side rearview

mirror with a U.S. model component to assure compliance with Standard

No. 111. Champagne contended that its petition already addressed the

Standard No. 114 compliance issue raised by Volvo. Champagne further

contended that the bumper system on the 1994 Volvo 945 GL Wagon,

consisting of an outer cover, a reinforcement bar, and impact

absorbers.

In response to the Standard No. 208 compliance issue raised by

Volvo, Champagne stated that it will install a passenger side air bag

and related components in the 1994 Volvo 945 GL Wagon. These components

will have the same part numbers as those found on U.S. certified 1994

Volvo 945 GL Wagon. Champagne stated that the installation of a

passenger side air bag ``is a straightforward procedure,'' and that it

has the technical ability to complete the installation, and have it

comply with Standard No. 208, based on Champagne's past experience in

installing this type of system on other foreign automobiles.

NHTSA has reviewed each of the issues that Volvo 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 achieve compliance

with Standard Nos. 101, 108, 111, and 114 have been performed with

relative ease on thousands of nonconforming vehicles imported over the

years, and would not preclude the 1994 Volvo 945 GL Wagon from being

found ``capable of being readily modified to comply with all Federal

motor vehicle safety standards.'' NHTSA also believes that the need to

install a passenger side air bag to achieve compliance with Standard

No. 208 would not preclude such a finding, given the nature of the

modifications described by Champagne. However, in view of the concerns

that Volvo has raised regarding this issue, NHTSA will closely monitor

conformity statements to ensure that passenger side air bags are

installed on imported vehicles in a manner that conforms to the

requirements of Standard No. 208. NHTSA finally notes that because the

Bumper Standard is not a Federal motor vehicle safety standard, issues

regarding a vehicle's capability of compliance with the Bumper Standard

are immaterial to a decision as to whether it is eligible for

importation. Imported vehicles, of course, must nevertheless be brought

into compliance with the bumper standard. 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-132 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 1994 Volvo 945 GL Wagon not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is

substantially similar to a 1994 Volvo 940 GL Wagon 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.

[[Page 6889]]

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: February 16, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-4013 Filed 2-21-96; 8:45 am]

BILLING CODE 4910-59-M