Notice of Receipt of Petition for Decision That Nonconforming 1993-1997 Volkswagen Jetta Passenger Cars Are Eligible for Importation

Federal RegisterJan 12, 1998

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-97-3290]

Notice of Receipt of Petition for Decision That Nonconforming

1993-1997 Volkswagen Jetta Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1993-1997 Volkswagen Jetta 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 1993-

1997 Volkswagen Jetta passenger cars that were not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are eligible for importation into the United States because

(1) they are substantially similar to vehicles that were originally

manufactured for importation into and sale in the United States and

that were certified by their manufacturer as complying with the safety

standards, and (2) they are capable of being readily altered to conform

to the standards.

DATES: The closing date for comments on the petition is February 11,

1998.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Management, Room PL-401, 400

Seventh St., SW, Washington, DC 20590. [Docket hours are from 10 am to

5 pm]

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

[[Page 1881]]

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.

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

1993-1997 Volkswagen Jetta passenger cars are eligible for importation

into the United States. The vehicles which G&K believes are

substantially similar are the 1993-1997 Volkswagen Jetta passenger cars

that were manufactured for importation into, and sale in, the United

States and certified by their manufacturer, Volkswagenwerke, A.G., as

conforming to all applicable Federal motor vehicle safety standards.

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

1993-1997 Volkswagen Jettas to their U.S. certified counterparts, and

found the 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 1993-1997 Volkswagen Jettas, as originally

manufactured, conform to many Federal motor vehicle safety standards in

the same manner as their U.S. certified counterparts, or are capable of

being readily altered to conform to those standards.

Specifically, the petitioner claims that non-U.S. certified 1993-

1997 Volkswagen Jettas are identical to their U.S. certified

counterparts 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, 108 Lamps, Reflective Devices and Associated

Equipment, 109 New Pneumatic Tires, 111 Rearview Mirror, 113 Hood Latch

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

Protection in Interior Impact, 202 Head Restraints, 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, 212 Windshield

Retention, 214 Side Impact Protection, 216 Roof Crush Resistance, 219

Windshield Zone Intrusion, 301 Fuel System Integrity, and 302

Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1993-

1997 Volkswagen Jettas comply with the Bumper Standard found in 49 CFR

Part 581.

Petitioner also contends that the vehicles are 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 that

displays the appropriate symbol; (c) recalibration of the speedometer/

odometer from kilometers to miles per hour.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

Standard No. 114 Theft Protection: installation of a warning buzzer

microswitch in the steering lock assembly and a warning buzzer.

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. 203 Impact Protection for the Driver From the Steering

Control System: the petitioner states that the requirements of this

standard will be met when the non-U.S. certified 1993-1997 Volkswagen

Jettas are equipped with driver's and passenger's side air bags

identical to those found on the vehicles' U.S. certified counterparts.

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

seat belt warning buzzer; (b) installation of driver's and passenger's

side air bags identical to those found on the vehicles' U.S.-certified

counterparts. The petitioner states that the vehicles are equipped with

Type 2 seat belts in the front and rear outboard designated seating

positions, and with Type 1 seat belts in the rear center designated

seating position.

The petitioner also states that a vehicle identification number

plate must be affixed to the vehicles to meet the requirements of 49

CFR Part 565.

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 7, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-689 Filed 1-9-98; 8:45 am]

BILLING CODE 4910-59-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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