Decision That Nonconforming 1994-1996 Volkswagen Jetta Passenger Cars are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4774]

Decision That Nonconforming 1994-1996 Volkswagen Jetta Passenger

Cars are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1994-1996

Volkswagen Jetta passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994-1996

Volkswagen Jetta 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

1994-1996 Volkswagen Jetta), and they are capable of being readily

altered to conform to the standards.

DATES: This decision is effective as of November 25, 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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G.K.'')

(Registered Importer 90-007) petitioned NHTSA to decide whether 1993-

1997 Volkswagen Jetta passenger cars manufactured in Mexico for the

Mexican market are eligible for importation into the United States.

NHTSA published notice of the petition under Docket No. NHTSA 97-3290

on January 12, 1998 (63 FR 1880) 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 Volkswagenwerke, A.G., the vehicle's manufacturer. In

this comment, Volkswagen contended that G&K's description of the

modifications that would be necessary to conform the vehicle to

applicable standards is incomplete in a number of significant respects.

Specifically, with respect to Standard No. 109, New Pneumatic

Tires, Volkswagen contended that non-U.S. certified 1993-1997

Volkswagen Jettas may be equipped with tires that have insufficient

load ratings once the vehicle is modified through the addition of air

bag systems, side impact protection, and other required safety related

components.

With respect to Standard Nos. 203 Impact Protection for the Driver

from the Steering Control System and 208 Occupant Crash Protection,

Volkswagen noted that the 1993 model U.S. certified Jetta is equipped

with automatic seat belts and that all 1994 and later model year

versions of the vehicle are equipped with driver's and passenger's side

air bags. Volkswagen contended that it is not possible to install air

bag systems in non-U.S. certified 1993 Jettas, and that automatic seat

belts must therefore be installed in those vehicles using anchorages

that conform to all of the requirements of Standard No. 210, Seat Belt

Assembly Anchorages. Additionally, Volkswagen observed that in order to

comply with the unbelted test requirement of Standard Nos. 208, all

U.S. certified 1994-1997 Jettas are equipped with knee bar restraints

in the instrument panel which are not present on non-U.S. certified

versions of the vehicle. Volkswagen noted that the petitioner did not

cite the need for the installation of this equipment. Volkswagen also

noted that it began to use pretensioners in the seat belts for the

front seating positions of U.S. certified Jettas during the 1994 model

year, and that the petitioner failed to identify the need to install

pretensioner equipped seat belts to conform non-U.S. certified versions

of the vehicle to Standard No. 208. Additionally, Volkswagen observed

that the seat belts on U.S. certified 1996 Volkswagen Jettas are

equipped with convertible locking retractors in order to meet the child

restraint lockability requirements of S7.1.1.5 of Standard No. 208. The

company asserted that the seat belts in the front and rear outboard

seating positions of non-U.S. certified 1996 Jettas would have to be

changed if they are not equipped with the same retractors.

Volkswagen disputed the petitioner's contention that non-U.S.

certified 1993-1997 Jettas meet Standard No. 214 Side Impact Protection

in the same manner as their U.S. certified counterparts. The company

asserted that beginning with the 1995 model year, it installed

additional padding and structural reinforcements in U.S. certified

versions of the vehicle to comply with the dynamic side impact

requirements of the standard.

Volkswagen further observed that beginning with the 1994 model

year, the Jetta was classified as a high theft line vehicle under the

Theft Prevention Standard at 49 CFR Part 541. The company noted that in

order to obtain an exemption from the parts marking

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requirements of the standard, it installed a standard alarm system with

a central locking feature that mechanically locks all doors when the

key in the front door is turned. Volkswagen observed that non-U.S.

certified 1994 Jettas may not have this central locking system, as a

result of which those vehicles would not be exempt from the parts

marking requirement of the standard, rendering them, in the Company's

view, ineligible for importation.

Aside from these specific observations, Volkswagen made two general

comments with respect to the petition. In the first of these, the

Company questioned whether modifications such as the addition of air

bags, safety belts, and side impact protection components can be

performed on a used vehicle outside of a production line setting at a

level of quality necessary to assure compliance of each vehicle with

the Federal motor vehicle safety standards. In addition, the company

expressed the belief that NHTSA cannot decide that all model year 1993

through 1997 Jettas are eligible for importation due to significant

differences between vehicles within these model years with regard to

their compliance with Standard Nos. 208 and 214. Because the

modifications necessary to achieve compliance with those standards may

differ by model year, Volkswagen contends that NHTSA may not make a

single eligibility decision that encompasses all vehicles within the

model years specified in the petition.

NHTSA accorded G&K an opportunity to respond to Volkswagen's

comments. In its response, G&K notified the agency that it wished to

amend its petition to cover only model years 1994-1996. G&K stated with

respect to the Standard No. 109 compliance issues raised by Volkswagen

that all vehicles imported will be inspected to confirm that they are

equipped with tires of the same size and load rating as those furnished

on the U.S. certified model, and that the tires will be replaced if

necessary to comply with the standard. Addressing the Standard Nos. 203

and 208 compliance issues raised by Volkswagen with regard to 1994

through 1996 model year Jettas, G&K stated that all parts of the

automatic restraint system in the U.S. certified version of these

vehicles will be installed on existing mounts in non-U.S. certified

models. As enumerated by G&K, those components include the dash braces,

knee bolsters, wiring harnesses, warning lights, dash pads, air bag

assemblies, seat belts in both front outboard seating positions, and

control boxes for the seat belts and air bags. In addition, G&K stated

that new door panels that will accommodate the electric window motors

and central locking systems will be installed.

With regard to the Standard No. 214 compliance issues raised by

Volkswagen, G&K stated that doorbars would be installed on non-U.S.

certified models and dash braces and door panels will be replaced with

U.S. model components to meet the requirements of the standard. After a

further communication from Volkswagen identifying additional parts that

were necessary to achieve compliance, G&K provided the agency with a

complete parts list identifying all components to be installed.

Addressing the Theft Prevention Standard issues raised by

Volkswagen, G&K stated that U.S. model central locking and alarm

systems will be installed on non-U.S. certified Jettas.

NHTSA believes that G&K's response adequately addresses the

comments that Volkswagen has made regarding the petition. NHTSA further

notes that the modifications described by G&K, which have been

performed with relative ease on thousands of motor vehicles imported

over the years, would not preclude non-U.S. certified 1994-1996

Volkswagen Jettas from being found ``capable of being readily altered

to comply with applicable motor vehicle safety standards.''

Additionally, NHTSA finds no merit to Volkswagen's contention that the

agency lacks authority to make an import eligibility decision covering

vehicles within a range of model years when different modifications may

have to be made to vehicles within those model years to achieve

compliance with certain of the 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-274 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 1994-1996 Volkswagen Jetta passenger cars not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are substantially similar to 1994-1996 Volkswagen Jetta

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: November 19, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-31534 Filed 11-24-98; 8:45 am]

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