Notice of Receipt of Petition for Decision That Nonconforming 1992 Volkswagen Passat 4-Door Sedan Passenger Cars are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-66; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 Volkswagen Passat 4-Door Sedan Passenger Cars are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992 Volkswagen Passat 4-Door Sedan 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 decision that a 1992

Volkswagen Passat 4-Door Sedan 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 altered to conform to the standards.

DATES: The closing date for comments on the petition is September 25,

1995.

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 St., SW, Washington,

DC 20590. [Docket hours are from 9:30 am to 4 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) (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 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 (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 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) has petitioned NHTSA to decide whether

1992 Volkswagen Passat 4-Door Sedan passenger cars are eligible for

importation into the United States. The vehicle which Champagne

believes is substantially similar is the 1992 Volkswagen Passat 4-Door

Sedan 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 1992 Volkswagen Passat 4-Door Sedan 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.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1992 Volkswagen Passat 4-Door

Sedan, as originally manufactured, conforms to many Federal motor

vehicle safety standards in the same manner as its U.S.

[[Page 44376]]

certified counterpart, or is capable of being readily altered to

conform to those standards.

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

1992 Volkswagen Passat 4-Door Sedan 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, 216

Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302

Flammability of Interior Materials.

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

1992 Volkswagen Passat 4-Door Sedan complies with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contends that the vehicle is 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 an ECE symbol on the brake failure

indicator lamp; (b) installation of a seat belt warning lamp; (c)

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; (b) installation of U.S.-model front

and rear sidemarker/reflector assemblies; (c) installation of U.S.-

model taillamp assemblies; (d) installation of a high-mounted stop

lamp.

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

microswitch and a warning buzzer in the steering lock assembly.

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. 118 Power Window Systems: rewiring of 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

U.S.-model seat belt in the driver's position, or a belt webbing-

actuated microswitch inside the driver's seat belt retractor; (b)

installation of an ignition switch-actuated seat belt warning lamp and

buzzer; (c) installation of a passive restraint system consisting of

driver's and passenger's side automatic seat belts, knee bolsters, and

associated hardware that have identical part numbers to those found on

the vehicle's U.S. certified counterpart. The petitioner states that

the vehicle is equipped at its rear outboard seating positions with

combination lap and shoulder restraints that release by means of a

single push button, and with a lap belt at its center seating position.

Standard No. 214 Side Impact Protection: installation of

reinforcing beams.

Standard No. 301 Fuel System Integrity: installation of a rollover

valve in the fuel tank vent line between the fuel tank and the

evaporative emissions collection canister.

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: August 21, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-21147 Filed 8-24-95; 8:45 am]

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