Decision That Nonconforming 1972-1979 Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle Sedans Are Eligible for Importation

Topics:  Volkswagen Beetle

Marilynne Jacobs
National Highway Traffic Safety Administration
February 27, 1998

[Federal Register: February 27, 1998 (Volume 63, Number 39)]
[Notices]               
[Page 10069-10070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe98-169]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3513]

 
Decision That Nonconforming 1972-1979 Volkswagen Beetle 
Convertibles and 1972-1977 Volkswagen Beetle Sedans Are Eligible for 
Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1972-1979 
Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle Sedans 
are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1972-1979 
Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle Sedans 
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 1972-1979 Volkswagen Beetle 
Convertible and 1972-1977 Volkswagen Beetle Sedan), and they are 
capable of being readily altered to conform to the standards.

DATE: This decision is effective February 27, 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) petitioned NHTSA to decide whether 1972-
1979 Volkswagen Beetle Convertibles and 1972-1977 Volkswagen Beetle 
Sedans are eligible for importation into the United States. NHTSA 
published notice of the petition under Docket No. 97-066; Notice 1 on 
September 30, 1997 (62

[[Page 10070]]

FR 51179) 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 vehicles' manufacturer. In 
this comment, Volkswagen stated that because the Volkswagen Beetle was 
provided for the United States market in a number of configurations 
during the 1972-1979 model years, it is not possible to establish 
standardized modification requirements for all of the vehicles 
available during those years. Volkswagen noted that there were 
differences in equipment and construction between the Custom Beetle 
series, the Super Beetle series, and the Convertible series that were 
manufactured during the 1972-1979 model years. As a consequence, 
Volkswagen contended that it would be necessary to compare vehicles by 
model year and series to their U.S. certified counterparts to determine 
which modifications would be necessary to achieve full compliance with 
all applicable Federal motor vehicle safety standards.
    Volkswagen also contended that modifications would have to be 
performed on the vehicles to meet standards in addition to those 
identified by Champagne. Specifically, Volkswagen stated that non-U.S. 
certified Beetles would have to be equipped with different wiper blades 
and wiper arms to meet Standard No. 103, Windshield Defrosting and 
Defogging Systems, and 104, Windshield Wiping and Washing Systems. 
Volkswagen also noted that non-U.S. certified Beetles may have to be 
equipped with different tires to meet Standard No. 109, New Pneumatic 
Tires. Volkswagen further contended that U.S. certified Beetles were 
equipped with head restraints or high backed seats to meet Standard No. 
202, Head Restraints, and that non-U.S certified models would have to 
be similarly equipped before they could meet that standard. 
Additionally, Volkswagen observed that some steering wheel 
configurations on non-U.S. certified Beetles may not comply with 
Standard No. 203, Impact Protection for the Driver from the Steering 
Control System. Volkswagen also noted that non-U.S. certified Beetles 
in some cases were not equipped with laminated windshields, as required 
by Standard No. 205, Glazing Materials. Volkswagen further contended 
that in order to meet Standard No. 208, Occupant Crash Protection, the 
seat belts in non-U.S. certified Beetles would have to be compared to 
those on their U.S. certified counterparts and replaced if their part 
numbers were not the same. Although it acknowledged that non-U.S. 
certified Beetles have doors with side impact bars, Volkswagen stated 
that these vehicles may have door latches and hinges that differ from 
those on U.S. certified models, and that these components would have to 
be replaced for the vehicles to comply with Standard No. 214, Side 
Impact Protection. Additionally, Volkswagen contended that non-U.S. 
certified Beetles have different windshields and incorporate different 
windshield mounting methods than those used on U.S. certified models, 
affecting the vehicles' compliance with Standard Nos. 212, Windshield 
Mounting, and 219, Windshield Zone Intrusion. Finally, Volkswagen 
contended that in order to determine whether a non-U.S. certified 
Beetle complies with the Bumper Standard found in 49 CFR Part 581, not 
only must the bumper components themselves be compared to those on U.S. 
certified models, but the bumper reinforcements and upgraded body 
structure elements must be compared as well.
    NHTSA accorded Champagne an opportunity to respond to Volkswagen's 
comment. In its response, Champagne stated that it will compare the 
wiper blades and wiper arms on all non-U.S. certified Beetles that it 
imports to those found on U.S. certified models and replace any such 
components that are not identical to assure compliance with Standard 
Nos. 103 and 104. Champagne stated that it will perform a similar 
comparison and component replacement, where necessary, to assure that 
the vehicles are equipped with tires that meet Standard No. 109, with 
headrests or seats that meet Standard No. 202, with steering wheels 
that meet Standard No. 213, with glazing that meets Standard No. 205, 
with seat belts that meet Standard No. 208, and with windshields that 
are installed in compliance with Standard Nos. 212 and 219. Champagne 
disputed Volkswagen's contention that some non-U.S. certified Beetles 
do not comply with Standard No. 203 and have door hinges and latches 
that do not meet Standard No. 214. Champagne contended that the 
installation of side impact beams is the only modification necessary to 
conform a non-U.S. certified Beetle to Standard No. 214. Additionally, 
Champagne denied that it would be necessary to reinforce or upgrade 
body or structural elements for a non-U.S. certified Beetle to meet the 
Bumper Standard. Champagne contended instead that the structural 
mounting points for both U.S. certified and non-U.S. certified models 
are identical. In conclusion, Champagne confirmed that each vehicle it 
imports under the petition would be reviewed on a case-by-case basis to 
assure that any nonconformity is addressed during the conversion 
process.
    NHTSA believes that Champagne's response adequately addresses the 
issues that Volkswagen has raised regarding the petition. NHTSA further 
notes that the modifications described by Champagne, which have been 
performed with relative ease on thousands of motor vehicles imported 
over the years, would not preclude non-U.S. certified Volkswagen 
Beetles from being found ``capable of being readily altered to comply 
with applicable motor vehicle safety standards.''
    NHTSA has accordingly 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-237 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 1972-1979 Volkswagen Beetle Convertibles and 1972-1977 Volkswagen 
Beetle Sedans are substantially similar to 1972-1979 Volkswagen Beetle 
Convertibles and 1972-1977 Volkswagen Beetle Sedans car originally 
manufactured for importation into and sale in the United States and 
certified under 49 U.S.C. Sec. 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: February 23, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-5077 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-59-P