
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5303-5305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2308]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0181, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1999 Volkswagen Bora Passenger Cars Manufactured for Sale in the Europe 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 1999 Volkswagen Bora passenger cars manufactured for sale 
in the Europe (nonconforming 1999 European Volkswagen Bora 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 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 (the U.S.-certified version of the 
1999 New Jetta passenger cars) and they are capable of being readily 
altered to conform to the standards.

DATES: The closing date for comments on the petition is March 5, 2012.

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 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

[[Page 5304]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78).
    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 view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. 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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA ((202) 366-5308).

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.
    US SPECS, of Havre de Grace, Maryland (Registered Importer 03-321) 
has petitioned NHTSA to decide whether nonconforming 1999 European 
Volkswagen Bora passenger cars are eligible for importation into the 
United States. The vehicles which US SPECS believes are substantially 
similar are 1999 Volkswagen New Jetta 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 
nonconforming 1999 European Volkswagen Bora passenger cars to their 
U.S.-certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most FMVSS.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified nonconforming 1999 European 
Volkswagen Bora 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 
nonconforming 1999 European Volkswagen Bora passenger cars are 
identical to their U.S. certified counterparts with respect to 
compliance with Standard Nos. 102 Transmission Shift Lever Sequence, 
Starter Interlock, and Transmission Braking Effect, 103 Windshield 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control 
Systems, 135 Light Vehicle Brake Systems, 202 Head Restraints, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 207 
Seating Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    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 Telltales, and Indicators: (a) 
Inscription of the word ``brake'' on the dash in place of the 
international ECE warning symbol; and (b) replacement of the 
speedometer with a unit reading in miles per hour, or modification of 
the existing speedometer so that it reads in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following components on vehicles that 
are not already so equipped: (a) U.S.-model front sidemarker lamps; (b) 
U.S.-model headlamps; (c) U.S.-model tail lamps with integral rear side 
marker lamps; (d) U.S.-model high-mounted stop lamp; and (e) front and 
rear side-mounted reflex reflectors to meet the requirements of this 
standard.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less: installation of a tire 
information 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 the existing mirror.
    Standard No. 114 Theft Protection: installation of a supplemental 
key warning buzzer, or installation or activation of U.S.-version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: installation or activation of U.S.-version software in the 
vehicle's computer system, or installation of a supplemental system to 
meet the requirements of this standard.
    Standard No. 201 Occupant Protection in Interior Impact: 
replacement of non U.S.-model upper interior components with U.S.-model 
components to meet the requirements of this standard on vehicles that 
are not already so equipped.
    Standard No. 206 Door Locks and Door Retention Components: 
replacement of non U.S.-model door lock components with U.S.-model 
components on vehicles that are not already so equipped.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of any non U.S.-conforming model seat belts, 
air bag control units, air bags, and sensors with U.S.-model components 
on vehicles that are not already so equipped; and (b) installation or 
activation of U.S.-version software, or installation of a supplemental 
system to ensure that the seat belt warning system meets the 
requirements of this standard.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles 
and replacement of any non U.S.-certified model seat belts with U.S.-
model components.
    Standard No. 225 Child Restraint Anchorage Systems: inspection of 
all vehicles and installation of non U.S.-model child restraint 
anchorage system components on vehicles not already not so equipped.
    Standard No. 301 Fuel System Integrity: inspection of all vehicles 
and replacement of any non U.S.-model fuel system components with U.S.-
model components.
    The petitioner additionally 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.

[[Page 5305]]

    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.

    Issued on: January 27, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-2308 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-59-P


