

[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Notices]               
[Page 63229-63231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no07-88]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0022]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2005 Volkswagen Golf Passenger Cars are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2005 Volkswagen Golf passenger cars 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 
2005 Volkswagen Golf passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards (FMVSS) are eligible for importation into the United States 
because (1) they are substantially similar to vehicles that were 
originally manufactured for 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 December 10, 
2007.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting 

comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments

[[Page 63230]]

received will be posted without change to http://www.regulations.gov, 

including any personal information provided. Please see the Privacy Act 
heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov
.

    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also see the comments on the Internet. To read the 
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page 
http://www.regulations.gov.

    (2) On that page, click on ``search for dockets.''
    (3) On the next page (http://www.regulations.gov/fdmspublic/component/main
), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

from the drop-down menu in the Agency field, enter the Docket ID number 
and title shown at the heading of this document, and select 
``Nonrulemaking'' from the drop-down menu in the Type field and 
``Vehicle Import Eligibility'' in the drop-down menu in the Sub-Type 
field.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see. You may 
download the comments. Although the comments are imaged documents, 
instead of the word processing documents, the ``pdf'' versions of the 
documents are word searchable. Please note that even after the comment 
closing date, we will continue to file relevant information in the 
Docket as it becomes available. Further, some people may submit late 
comments. Accordingly, we recommend that you periodically search the 
Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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 FMVSS 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 FMVSS.
    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.
    Barry Taylor Enterprises of Richmond, California (BTE) (Registered 
Importer 01-280) has petitioned NHTSA to decide whether nonconforming 
2005 Volkswagen Golf passenger cars are eligible for importation into 
the United States. The vehicles which BTE believes are substantially 
similar are 2005 Volkswagen Golf passenger cars that were manufactured 
for sale in the United States and certified by their manufacturer as 
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2005 
Volkswagen Golf passenger cars to their U.S.-certified counterparts, 
and found the vehicles to be substantially similar with respect to 
compliance with most FMVSS.
    BTE submitted information with its petition intended to demonstrate 
that non-U.S. certified 2005 Volkswagen Golf passenger cars, as 
originally manufactured, conform to many FMVSS 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 2005 
Volkswagen Golf passenger cars are identical to their U.S. certified 
counterparts with respect to compliance with Standard Nos. 103 
Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing Systems, 106 Brake Hoses, 108 Lamps, Reflective Devices and 
Associated Equipment, 109 New Pneumatic Tires, 113 Hood Latch System, 
114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power-
Operated Window, Partition, and Roof Panel Systems, 124 Accelerator 
Control Systems, 135 Passenger Car Brake 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, 208 Occupant Crash 
Protection, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System 
Integrity, and 302 Flammability of Interior Materials.
    In addition, the petitioner claims that the vehicles comply with 
the Bumper Standard found in 49 CFR Part 581.
    The 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: Installation of a U.S.-
model instrument cluster.
    Standard No. 102 Transmission Shift Lever Sequence, Starter 
Interlock, and Transmission Braking Effect: Installation of U.S.-model 
software.
    Standard No. 110 Tire Selection and Rims: installation of vehicle 
placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 209 Seat Belt Assemblies: Installation of U.S.-
certified model seat belt assemblies.
    The petitioner states that a vehicle identification plate must be 
affixed to the vehicles near the left windshield post to meet the 
requirements of 49 CFR Part 565.
    The petitioner additionally states that the vehicles comply with 
the requirements of the Theft Prevention Standard at 49 CFR part 541, 
due to the presence of U.S.-model antitheft devices.
    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 addresses 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.


[[Page 63231]]


    Issued on: November 5, 2007.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-21966 Filed 11-7-07; 8:45 am]

BILLING CODE 4910-59-P
