Decision That Nonconforming 1993 Audi 100 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3803]

Decision That Nonconforming 1993 Audi 100 Passenger Cars Are

Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1993 Audi 100

passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1993 Audi 100

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 vehicles originally manufactured for importation into and

sale in the United States and certified by their manufacturer as

complying with the safety standards (the U.S. certified version of the

1993 Audi 100), and they are capable of being readily altered to

conform to the standards.

DATES: This decision is effective May 11, 1998.

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

90-006) petitioned NHTSA to decide whether 1993 Audi 100 passenger cars

are eligible for importation into the United States. NHTSA published

notice of the petition under Docket No. NHTSA 98-3453 on February 18,

1998 (63 FR 8252) to afford an opportunity for public comment. The

reader is referred to that notice for a thorough description of the

petition.

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

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

representative of Audi AG, the vehicle's

[[Page 25895]]

manufacturer. In this comment, Volkswagen disputed J.K.''s claim that

the non-U.S. certified 1993 Audi 100 complies with the Bumper Standard

found in 49 CFR Part 581. Volkswagen also contended that the vehicle is

only equipped with a driver's side air bag, and lacks a knee bolster on

the driver's side that is necessary to meet the unbelted test

requirements of Standard No. 208, Occupant Crash Protection. Volkswagen

additionally observed that the vehicle is not equipped with a passenger

side air bag or knee bolster, which it asserts are necessary for

compliance with Standard No. 208.

Volkswagen also stated that the U.S. certified version of the 1993

Audi 100 has been designated a high theft line vehicle under the Theft

Prevention Standard at 49 CFR Part 541. Volkswagen contended that the

U.S. certified 1993 Audi 100 received an exemption from the parts

marking requirements of the standard on the basis that it is equipped

with an anti-theft system which differs from the system found on the

non-U.S. certified version of the vehicle. As a consequence, Volkswagen

asserted that the non-U.S. certified 1993 Audi 100 would have to be

modified prior to importation so that it is equipped with the same

anti-theft system as that found on its U.S. certified counterpart.

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

comment. In its response, J.K. stated that all vehicles imported under

the petition will be inspected to ensure that those manufactured on or

after September 1, 1993 are equipped with dual air bags. Additionally,

J.K. stated that knee bolsters will be installed on vehicles that lack

these components to achieve compliance with Standard No. 208.

With respect to the Theft Prevention Standard compliance issue

raised by Volkswagen, J.K. asserted that all cars produced after 1987

that it has imported for use in the United States are marked in the

required locations regardless of whether they have been designated as a

high theft line or are equipped with an alarm system. J.K. also stated

that a U.S. model anti-theft alarm system will be installed, where

necessary, prior to the importation of any vehicles to be imported

under the petition.

NHTSA believes that J.K.'s response adequately addresses the

comments that Volkswagen has made regarding the petition. NHTSA further

notes that the modifications described by J.K., which have been

performed with relative ease on thousands of motor vehicles imported

over the years, would not preclude non-U.S. certified 1993 Audi 100

passenger cars from being found ``capable of being readily altered to

comply with applicable motor vehicle safety standards.'' Accordingly,

NHTSA has 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-244 is the vehicle eligibility number assigned to vehicles

admissible under this notice of final decision.

Final Decision

Accordingly, on the basis of the foregoing, NHTSA hereby decides

that 1993 Audi 100 passenger cars not originally manufactured to comply

with all applicable Federal motor vehicle safety standards are

substantially similar to 1993 Audi 100 Quattro passenger cars

originally manufactured for importation into and sale in the United

States and certified under 49 U.S.C. 30115, and are 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: May 6, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-12438 Filed 5-8-98; 8:45 am]

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