Notice of Receipt of Petition for Decision That Nonconforming 1998-1999 Audi A6 Passenger Cars Are Eligible for Importation

Federal RegisterAug 5, 1999

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6039]

Notice of Receipt of Petition for Decision That Nonconforming

1998-1999 Audi A6 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1998-1999 Audi A6 passenger cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway

Traffic Safety Administration (NHTSA) of a petition for a decision that

1998-1999 Audi A6 passenger cars that were not originally manufactured

to comply with all applicable Federal motor vehicle safety standards

are eligible for importation into the United States because (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,

and (2) they are capable of being readily altered to conform to the

standards.

DATES: The closing date for comments on the petition is September 7,

1999.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Management, Room PL-401, 400

Seventh St., SW, Washington, DC

[[Page 42757]]

20590. [Docket hours are from 9 am to 5 pm].

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) has petitioned NHTSA to decide whether 1998-1999 Audi A6

passenger cars are eligible for importation into the United States. The

vehicles which J.K. believes are substantially similar are 1998-1999

Audi A6 passenger cars that were manufactured for importation into, and

sale in, the United States and certified by their manufacturer as

conforming to all applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared non-U.S. certified

1998-1999 Audi A6 passenger cars to their U.S.-certified counterparts,

and found the vehicles to be substantially similar with respect to

compliance with most Federal motor vehicle safety standards.

J.K. submitted information with its petition intended to

demonstrate that non-U.S. certified 1998-1999 Audi A6 passenger cars,

as originally manufactured, conform to many Federal motor vehicle

safety standards in the same manner as their U.S. certified

counterparts, or are capable of being readily altered to conform to

those standards.

Specifically, the petitioner claims that non-U.S. certified 1998-

1999 Audi A6 passenger cars are identical to their U.S. certified

counterparts 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, 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, 212 Windshield

Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,

301 Fuel System Integrity, and 302 Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1998-

1999 Audi A6 passenger cars comply with the Bumper Standard found in 49

CFR Part 581.

Petitioner also contends that the vehicles are 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 a noncomplying symbol on the brake

failure indicator lamp; (b) replacement of the speedometer with one

calibrated in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamps and front

sidemarker lamps; (b) installation of U.S.-model taillamp assemblies

which incorporate rear sidemarker lights; (c) installation of a U.S.-

model high mounted stop lamp if the vehicle is not already so equipped.

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 warning buzzer

and a warning buzzer microswitch in the steering lock assembly.

Standard No. 118 Power Window Systems: installation of a relay in

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

safety belt warning buzzer, wired to the driver's seat belt latch; (b)

replacement of the driver's and passenger's side air bags, control

units, sensors, seat belts and knee bolsters with U.S.-model components

on vehicles that are not already so equipped. The petitioner states

that the vehicles are equipped at the front and rear outboard seating

positions with combination lap and shoulder belts that are self

tensioning and capable of being released by means of a single red push-

button, and with a lap belt in the rear center designated seating

position.

Standard No. 214 Side Impact Protection: installation of U.S.-model

doorbars in vehicles that are not already so equipped.

Additionally, the petitioner states that all vehicles will be

inspected prior to importation to ensure that they are equipped with

anti-theft devices in compliance with the Theft Prevention Standard

found in 49 CFR Part 541.

The petitioner also states that a vehicle identification plate must

be affixed to the vehicle near the left windshield post and a reference

and certification label must be affixed in the area of the left front

door post to meet the requirements of 49 CFR Part 565.

Interested persons are invited to submit comments on the petition

described above. Comments should refer to the docket number and be

submitted to: Docket Management, Room PL-401, 400 Seventh St., SW,

Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. It is

requested but not required that 10 copies be submitted.

All comments received before the close of business on the closing

date indicated above will be considered, and will be available for

examination in the docket at the above address both before and after

that date. To the extent possible, comments filed after the closing

date will also be considered. Notice of final action on the petition

will be published in the Federal Register pursuant to the authority

indicated below.

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: August 2, 1999.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 99-20179 Filed 8-4-99; 8:45 am]

BILLING CODE 4910-59-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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