Receipt of Petition for Decision that Nonconforming 1993-1995 Volkswagen Eurovan Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5735]

Receipt of Petition for Decision that Nonconforming 1993-1995

Volkswagen Eurovan Multi-Purpose Passenger Vehicles Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1993-1995 Volkswagen Eurovan multi-purpose passenger vehicles (MPVs)

are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway

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

1993-1995 Volkswagen Eurovan MPVs 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 July 6, 1999.

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 9 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. 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.

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

90-006) has petitioned NHTSA to decide whether non-U.S. certified 1993-

1995 Volkswagen Eurovan MPVs are eligible for importation into the

United States. The vehicles which J.K. believes are substantially

similar are 1993-1995 Volkswagen Eurovan MPVs that were manufactured

for importation into, and sale in, the United States and certified by

their manufacturer, Volkswagen, A.G., as conforming to all applicable

Federal motor vehicle safety standards.

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

1993-1995 Volkswagen Eurovan MPVs 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.

J.K. submitted information with its petition intended to

demonstrate that non-U.S. certified 1993-1995 Volkswagen Eurovan MPVs,

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-

1995 Volkswagen Eurovan MPVs are identical to their U.S.-certified

counterparts with respect to compliance with Standard Nos. 102

Transmission Shift Lever Sequence * * *., 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic Brake

Systems, 106 Brake Hoses, 113 Hood Latch Systems, 116 Brake Fluid, 119

New Pneumatic Tires for Vehicles other than Passenger Cars, 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, 212 Windshield Retention, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,

and 302 Flammability of Interior Materials.

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 the ECE warning symbol on the brake

failure indicator lamp; (b) replacement of the speedometer/odometer

with one calibrated in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

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

sidemarker lights; (b) installation of U.S.-model taillamp assemblies

which incorporate rear sidemarker lights; (c) installation of U.S.-

model high mounted stop lamp.

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 in the steering lock assembly and a warning buzzer.

Standard No. 118 Power Window Systems: Installation of a relay in

the power window system so that the window transport is inoperative

when the ignition is switched off.

Standard No. 120 Tire Selection and Rims for Motor Vehicles other

than Passenger Cars: Installation of a tire information placard.

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

seat belt warning buzzer, wired to the driver's seat belt latch; (b)

replacement of the driver's and passenger's side air bags and knee

bolsters with U.S.-model components if the vehicle is not already so

equipped. The petitioner states that the vehicles are equipped with

combination lap and shoulder restraints that are self-tensioning and

release by means of a single push button at both front and both rear

outboard designated seating positions, and with a lap belt in the rear

center designated seating position.

Standard No. 214 Side Impact Protection: Installation of

reinforcing

[[Page 29941]]

beams if the vehicle is not already so equipped.

The petitioner states that a vehicle identification number plate

must be affixed to all non-U.S. certified 1993-1995 Volkswagen Eurovan

MPVs near the left windshield post and a reference and certification

label must be added in the left front door post area 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 Management, Room PL-401, 400 Seventh St., 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: May 28, 1999.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 99-14091 Filed 6-2-99; 8:45 am]

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