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

Publication: Federal Register
Agency: National Highway Traffic Safety Administration
Byline: William A. Boehly
Date: 13 January 1995
Subject: American Government • Safety
Topic: Volkswagen Type 2

[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Page 3299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-890]



[[Page 3299]]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 95-002; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: 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




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