Notice of Receipt of Petition for Decision that Nonconforming 1972 Volkswagen Van-Type Wagons Are Eligible for Importation

SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that a 1972

Volkswagen Van-Type Wagon 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 February 13,

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:

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 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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')

(Registered Importer 90-007) has petitioned NHTSA to decide whether

1972 Volkswagen Van-Type Wagons are eligible for importation into the

United States. The vehicle which G&K believes is substantially similar

is the 1972 Volkswagen Van-Type Wagon 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 1972 Volkswagen Van-Type Wagon 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.

G&K submitted information with its petition intended to demonstrate

that the non-U.S. certified 1972 Volkswagen Van-Type Wagon, 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 altered to conform to those standards.

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

1972 Volkswagen Van-Type Wagon is identical to its U.S. certified

counterpart with respect to compliance with Standard Nos. 102

Transmission Shift Lever Sequence * * *, 103 Deferring and Defogging

Systems, 104 Windshield, Wiping and Washing Systems, 106 Brake Hoses,

107 Reflecting Surfaces, 111 Rearview Mirror, 205 Glazing Materials,

209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, and 211

Wheel Nuts, Wheel Discs and Hubcaps.

Petitoner 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: inscription of the

appropriate symbol on the controls for the lights, hazard warning

signal, windshield wiper, and windshield washer.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) Installation of U.S.-model sealed beam headlamps and

front sidemarkers; (b) installation of U.S.-model taillamp lenses and

rear sidemarkers.

Standard No. 116 Brake Fluid: Installation of a label with the

required information on or near the brake fluid cap.

Standard No. 206 Door Locks and Door Retention Components:

Installation of U.S.-model rear door locks.

Standard No. 208 Occupant Crash Protection: Installation of a seat

belt warning system with a lighted symbol.

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, S.W., 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: January 6, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95-890 Filed 1-12-95; 8:45 am]

BILLING CODE 4910-59-P