[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Notices]
[Pages 23986-23988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6135]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-17672; Notice 2]
Decision That Nonconforming 2003 Audi RS6 and RS6 Avant Passenger
Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by the National Highway Traffic Safety
Administration that nonconforming 2003 Audi RS6 and RS6 Avant passenger
cars are eligible for importation.
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SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration (NHTSA) that certain 2003 Audi RS6 and
RS6 Avant passenger cars that were not originally manufactured to
comply with all applicable Federal motor vehicle safety standards
(FMVSS) 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 that were certified
by their manufacturer as complying with the safety standards (the U.S.
certified version of the 2003 Audi RS6 and RS6 Avant passenger cars),
and they are capable of being readily altered to conform to the
standards.
DATES: This decision was effective July 9, 2004. The agency notified
the petitioner at that time that the subject vehicles are eligible for
importation. This document provides public notice of the eligibility
decision.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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 FMVSS 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 as required 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 FMVSS.
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.
Webautoworld (Web) of Pompano Beach, Florida (Registered Importer
02-295), petitioned NHTSA to decide whether 2003 Audi RS6 and RS6 Avant
passenger cars are eligible for importation into the United States.
NHTSA published a notice of the petition on May 6, 2004 (69 FR 25460)
[[Page 23987]]
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 petition,
from Volkswagen of America, Inc. (VW), the U.S. representative of the
vehicle's original manufacturer. VW's comment addressed issues it
believed Web had overlooked in describing alterations necessary to
conform 2003 Audi RS6 and RS6 Avant models to numerous FMVSS as well as
to the Bumper Standard and the Theft Prevention Standard. The agency
accorded Web an opportunity to respond to the issues raised by VW. VW's
comments, Web's responses, and NHTSA's analysis are set forth below for
each of the issues that VW raised.
(1) 49 CFR part 541, Theft Prevention Standard: The petition stated
that the A6 carline was not on the high theft list. VW stated that the
A6 carline is a high theft carline, but had been exempted from the
parts marking requirements because the vehicles are equipped with an
anti-theft device. VW further stated that non-conforming vehicles must
be inspected for the presence of equivalent anti-theft systems. Web
responded that it will ensure that anti-theft systems, equivalent to
those installed in U.S.-model vehicles, are installed in the vehicles.
NHTSA's Analysis: The agency notes that Theft Prevention Standard
compliance issues are not directly relevant to an import eligibility
decision, as such a decision is to be based on the capability of a non-
U.S. certified vehicle to be altered to conform to the FMVSS, and the
Theft Standard is not an FMVSS. However, because a vehicle that is not
originally manufactured to comply with the Theft Prevention Standard
must be modified to comply with the standard before it can be imported
into the United States, conformance with the Theft Prevention Standard
must be shown in the conformity package submitted to NHTSA to allow
release of the DOT conformance bond furnished at the time of
importation.
(2) 49 CFR part 581, Bumper Standard: The petition stated that the
bumpers and bumper support structures in the non-U.S. certified model
are the same as those in the U.S. certified model. VW stated that non-
U.S. certified vehicles have bumper systems that do not comply with the
Bumper Standard. Web responded that it will install U.S.-model bumper
systems on the non-U.S. certified vehicles.
NHTSA's Analysis: The agency notes that Bumper Standard compliance
issues are not directly relevant to an import eligibility decision, as
such a decision is to be based on the capability of a non-U.S.
certified vehicle to be altered to conform to the FMVSS, and the Bumper
Standard is not an FMVSS. However, because a vehicle that is not
originally manufactured to comply with the Bumper Standard must be
modified to comply with the standard before it can be admitted
permanently into the United States, conformance with the Bumper
Standard must be shown in the conformity package submitted to NHTSA to
allow release of the DOT conformance bond furnished at the time of
importation.
(3) FMVSS No. 118 Power-Operated Window Partition, and Roof Panel
Systems: The petition stated that the systems in the non-U.S. certified
model are identical to those in the U.S. certified model. VW stated
that the remote controlled window closing feature on the non-U.S.
certified model had not been certified to paragraphs S4 and S5 of FMVSS
No. 118. Web responded that the remote controlled window closing
feature will be modified or replaced to assure compliance with the
standard.
NHTSA's Analysis: The modifications needed to comply with this
standard would not preclude the vehicle from being deemed eligible for
importation. Conformity packages submitted for vehicles imported under
the decision must demonstrate that the vehicle is equipped with a
power-operated window partition and roof panel system that conforms to
the standard.
(4) FMVSS No. 225 Child Restraint Anchorage Systems: The petition
stated that the systems in the non-U.S. certified model are identical
to those in the U.S. model. VW stated that non-U.S. certified model
vehicles do not comply with the standard as originally manufactured
because they do not have top tether anchorages and the locations of the
lower anchorages are not marked. Web responded that top tether
anchorages, similar to those installed in the U.S. certified version,
will be installed to meet the requirements of paragraph S6 of the
standard. Web also stated that conforming lower anchorages will be
installed in vehicles not already so equipped, and that lower anchorage
location markings will be installed to conform to the requirements of
paragraph S9 of the standard.
NHTSA's Analysis: The modifications Web identified as needed to
comply with the standard would not preclude the vehicle from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with a child restraint anchorage system that conforms to
the standard.
(5) FMVSS No. 201 Occupant Protection in Interior Impact: The
petition stated that the systems in the non-U.S. certified model are
identical to those in the U.S. certified model. VW stated that non-U.S.
certified vehicles do not comply with the standard as originally
manufactured because they do not include all of the interior trim
components required for certification to the impact requirements of the
standard. Web responded that U.S. certified model A-pillar, upper
window frame, and support covers above the passenger's heads will be
installed in the vehicles to meet the requirements of the standard.
NHTSA's Analysis: The modifications Web identified as needed to
comply with the standard would not preclude the vehicle from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with components that conform to the standard.
(6) FMVSS No. 207 Seating Systems: The petition stated that the
systems in the non-U.S. certified model are identical to those in the
U.S. certified model. VW stated that front seats in non-U.S. certified
model vehicles had not been certified to FMVSS No. 207. Web responded
that front seats will be replaced with U.S.-model components on
vehicles that are not already so equipped to meet the requirements of
the standard.
NHTSA's Analysis: The modifications Web identified as needed to
comply with the standard would not preclude the vehicle from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with a seating system that conforms to the standard.
(7) FMVSS No. 208 Occupant Crash Protection: VW stated that in
addition to the modifications identified in the petition, non-U.S.
certified models are not equipped with knee bolsters, and that the air
bag control modules in those vehicles are different. Web responded that
U.S.-model knee bolsters will be installed. Web also stated that the
air bag control module will be reprogrammed or replaced as required to
assure functionality based on the requirements of the standard.
NHTSA's Analysis: The modifications Web identified as needed to
comply with the standard would not preclude the vehicle from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under
[[Page 23988]]
the decision must demonstrate that the vehicle is equipped with an
occupant crash protection system that conforms to the standard.
(8) FMVSS No. 209 Seat Belt Assemblies: The petition stated that
the seat belt assemblies in the non-U.S. certified model are identical
to those in the U.S. certified model. VW stated that the rear seat belt
load limiters in the non-U.S. certified model vehicles had not been
certified to the requirements of FMVSS No. 209. Web responded that rear
seat belts and load limiters that conform to the requirements of the
standard will be installed in the vehicles.
NHTSA's Analysis: The modifications Web identified as needed to
comply with the standard would not prelude the vehicle from being
deemed eligible for importation. Conformity packages submitted for
vehicles imported under the decision must demonstrate that the vehicle
is equipped with seat belts that conform to the standard.
Conclusion
In view of the above considerations, NHTSA 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-443 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 decided that 2003
Audi RS6 and RS6 Avant passenger cars that were not originally
manufactured to comply with all applicable FMVSS, are substantially
similar to 2003 Audi RS6 and RS6 Avant 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 FMVSS.
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.
Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E6-6135 Filed 4-24-06; 8:45 am]
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