Receipt of Petition for Determination That Nonconforming 1994 Volkswagen Golf III Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-55; Notice 1]

Receipt of Petition for Determination That Nonconforming 1994

Volkswagen Golf III Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that

nonconforming 1994 Volkswagen Golf III passenger cars are eligible for

importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a determination that a

1994 Volkswagen Golf III that was not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is eligible

for importation into the United States because (1) it is substantially

similar to a vehicle that was originally manufactured for importation

into and sale in the United States and that was certified by its

manufacturer as complying with the safety standards, and (2) it is

capable of being readily modified to conform to the standards.

DATES: The closing date for comments on the petition is August 19,

1994.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, Room 5109, National

Highway Traffic Safety Administration, 400 Seventh Street SW.,

Washington, DC 20590. [Docket hours are from 9:30 am to 4 pm]

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)

of the National Traffic and Motor Vehicle Safety Act (the Act)), 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 determined 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 (formerly section 114 of the Act), and

of the same model year as the model of the motor vehicle to be

compared, and is capable of being readily modified to conform to all

applicable Federal motor vehicle safety standards.

Petitions for eligibility determinations 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 determines, 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 determination

in the Federal Register.

J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer

No. R-90-006) has petitioned NHTSA to determine whether 1994 Volkswagen

Golf III passenger cars are eligible for importation into the United

States. The vehicle which J.K. believes is substantially similar is the

1994 Volkswagen Golf III that was manufactured for importation into,

and sale in, the United States and certified by its manufacturer,

Volkswagenwerke A.G., as conforming to all applicable Federal motor

vehicle safety standards.

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

certified 1994 Volkswagen Golf III to its U.S. certified counterpart,

and found the two 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 the non-U.S. certified 1994 Volkswagen Golf III, as

originally manufactured, conforms to many Federal motor vehicle safety

standards in the same manner as its U.S. certified counterpart, or is

capable of being readily modified to conform to those standards.

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

1994 Volkswagen Golf III is identical to its U.S. certified counterpart

with respect to compliance with Standards Nos. 102 Transmission Shift

Lever Sequence * * *, 103 Defrosting and Defogging Systems, 104

Windshield Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106

Brake Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 113 Hood

Latch Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 201

Occupant Protection in Interior Impact, 202 Head Restraints, 203 Impact

Protection for the Driver From the Steering Control System, 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, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 212 Windshield Retention, 214 Side Door Strength,

216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel

System Integrity, 302 Flammability of Interior Materials.

Petitioner also contends that the vehicle is capable of being

readily modified 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 an ECE symbol on the brake failure

indicator lamp; (b) recalibration of the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamp assemblies which

incorporate sealed beam headlamps and front sidemarkers; (b)

installation of U.S.-model taillamp assemblies which incorporate rear

sidemarkers; (c) installation of a high mounted stop lamp; (d)

replacement of bulb failure modules with U.S.-model components.

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 key

microswitch in the steering lock assembly, and a warning buzzer.

Standard No. 115 Vehicle Identification Number: installation of a

VIN plate that can be read from outside the left windshield pillar, and

a VIN reference label on the edge of the door or latch post nearest the

driver.

Standard No. 208 Occupant Crash Protection: (a) installation of a

seat belt warning buzzer, wired to the seatbelt latch; (b) installation

of a passive restraint system consisting of door-anchored automatic

belts and a knee bolster. The petitioner notes that the non-U.S.

certified 1994 Volkswagen Golf III is supplied with mounting points and

bolt holes for the installation of this equipment and that no

structural changes are necessary.

Additionally, the petitioner states that bumper shocks must be

installed on the non-U.S. certified 1994 Volkswagen Golf III to comply

with the Bumper Standard found in 49 CFR Part 581. The petitioner

further notes that it may be necessary to install a U.S.-model bumper

cover on some vehicles to accommodate the marker lights.

Interested persons are invited to submit comments on the petition

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

submitted to: Docket Section, National Highway Traffic Safety

Administration, Room 5109, 400 Seventh Street SW., Washington, DC

20590. 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: July 14, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-17673 Filed 7-19-94; 8:45 am]

BILLING CODE 4910-59-M