Decision That Nonconforming 1974-1975 Volkswagen Type 181 (``The Thing'') Multi-Purpose Passenger Vehicles Are Eligible for Importation

Topics:  Volkswagen Type 181

Marilynne Jacobs
National Highway Traffic Safety Administration
Federal Register
March 23, 1998

[Federal Register: March 23, 1998 (Volume 63, Number 55)]
[Notices]               
[Page 13912-13913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr98-132]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3629]

 
Decision That Nonconforming 1974-1975 Volkswagen Type 181 (``The 
Thing'') Multi-Purpose Passenger Vehicles Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1974-1975 
Volkswagen Type 181 (``The Thing'') multi-purpose passenger vehicles 
(MPVs) are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1974-1975 
Volkswagen Type 181 (``The Thing'') MPVs 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 1974-1975 Volkswagen Type 181 (``The Thing'') MPVs), and 
they are capable of being readily altered to conform to the standards.

DATES: This decision is effective March 23, 1998.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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. Sec. 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.

[[Page 13913]]

    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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) petitioned NHTSA to decide 
whether 1973-1975 Volkswagen Type 181 (``The Thing'') MPVs are eligible 
for importation into the United States. NHTSA published notice of the 
petition under Docket No. NHTSA 97-3156 on December 1, 1997 (62 FR 
63599) 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 Volkswagen AG, the vehicle's manufacturer. In this 
comment, Volkswagen stated that the petitioner had identified, at a 
minimum, the standards to which non-U.S. certified 1973-1975 Volkswagen 
Type 181 (``The Thing'') MPVs would have to be conformed to be eligible 
for importation. In addition, Volkswagen contended that some of those 
vehicles would have to be equipped with laminated windshields to meet 
Standard No. 205, Glazing Materials. Noting that its analysis of the 
vehicle identification number (VIN) for the vehicle that is the subject 
of the petition revealed that vehicle to have been manufactured for the 
German Army and not for consumer use, Volkswagen observed that the 
vehicle may not comply with Standard Nos. 124, Accelerator Control 
Systems, and 302 Flammability of Interior Materials. In addition, 
Volkswagen noted that the vehicle may have to be altered to comply with 
Standard No. 104, Windshield Wiping and Washing Systems.
    NHTSA accorded Wallace an opportunity to respond to Volkswagen's 
comments. In its response, Wallace asserted that all of the issues 
raised by Volkswagen concern minor alterations that would not render 
the vehicle ineligible for importation. Additionally, Wallace stated 
that if NHTSA decides to grant import eligibility to non-U.S. certified 
1973-1975 Volkswagen Type 181 (``The Thing'') MPVs, it will inspect 
every vehicle it imports under that decision to assure compliance with 
each of the standards addressed in Volkswagen's comments.
    NHTSA believes that Wallace's response adequately addresses the 
issues that Volkswagen has raised regarding the petition. NHTSA further 
notes that the modifications described by Wallace, which have been 
performed with relative ease on thousands of motor vehicles imported 
over the years, would not preclude non-U.S. certified 1973-1975 
Volkswagen Type 181 (``The Thing'') MPVs from being found ``capable of 
being readily altered to comply with applicable motor vehicle safety 
standards.''
    NHTSA has accordingly decided to grant the petition. Although the 
petition requested NHTSA to decide that 1973-1975 Volkswagen Type 181 
(``The Thing'') MPVs are eligible for importation, the agency is 
limiting this decision to 1974 and 1975 models alone. NHTSA regards all 
1973 models as motor vehicles that are ``at least 25 years old,'' 
within the meaning of 49 U.S.C. 30112(b)(9), which permits them to be 
imported and sold regardless of whether they complied with all 
applicable Federal motor vehicle safety standards in effect on their 
date of manufacture.

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-239 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 1974-1975 Volkswagen Type 181 (``The Thing'') MPVs not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 1974-1975 Volkswagen Type 181 
(``The Thing'') MPVs 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: March 18, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-7457 Filed 3-20-98; 8:45 am]
BILLING CODE 4910-59-P