[Federal Register Volume 65, Number 152 (Monday, August 7, 2000)]
[Notices]
[Pages 48278-48279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19921]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4548; Notice 2]


Denial of Petition for Import Eligibility Decision

    This notice sets forth the reasons for the denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under 49 U.S.C. Sec. 30141(a)(1)(A). The petition, which was submitted 
by G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K''), 
a registered importer of motor vehicles, requested NHTSA to decide that 
certain 1989-1991 Volkswagen Golf 4-Door Sedans that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are eligible for importation into the United 
States. In the petition, G&K contended that these vehicles are eligible 
for importation on the basis that (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 (the U.S. certified version of 
the 1989-1991 Volkswagen Golf 4-Door Sedan), and (2) they are capable 
of being readily altered to conform to the standards.
    NHTSA published a notice in the Federal Register on October 26, 
1998 (63 FR 57158) that contained a thorough description of the 
petition, and solicited public comments upon it. One comment was 
received in response to the notice, from Volkswagen of America, Inc. 
(``Volkswagen''), the United States representative of Volkswagen AG, 
the vehicle's manufacturer. In this comment, Volkswagen contended that 
the vehicles that are the subject of the petition are four-wheel drive 
vehicles which are not substantially similar to the Golf 4-Door Sedan 
with four-wheel drive that was originally manufactured and certified 
for sale in the United States and that these vehicles are not capable 
of being readily altered to conform to the standards. Specifically, 
Volkswagen observed that the non-U.S. certified 1989-1991 Volkswagen 
Golf 4-Door Sedans with four-wheel drive that

[[Page 48279]]

are the subject of the petition are heavier than the heaviest Golf 
model certified for sale in the United States, have a different four 
wheel drive configuration, and approximately 100mm of additional ground 
clearance. As a consequence, Volkswagen asserted that crash testing 
would be required to assure that the non-U.S. certified 1989-1991 
Volkswagen Golf 4-Door Sedans comply with Federal Motor Vehicle Safety 
Standard Nos. 203, Impact Protection for the Driver from the Steering 
Control System, 204 Steering Control Rearward Displacement, 208 
Occupant Crash Protection, 212 Windshield Mounting, 219 Windshield Zone 
Intrusion, and 301 Fuel System Integrity.
    Additionally, Volkswagen contended that the 1989-1991 Volkswagen 
Golf 4-Door Sedans produced in Germany for the European market would 
not comply with the Bumper Standard found at 49 CFR Part 581 because 
those vehicles have greater ground clearance than their U.S.-certified 
counterparts, and are equipped with front bumper mounted ``bull bars'' 
not found on U.S.-certified models. Volkswagen asserted that these 
features would affect the vehicles' bumper and crash test performance.
    Volkswagen also observed that 1989-1991 Volkswagen Golf 4-Door 
Sedans produced in Germany for the European market are equipped with 
headlamps and signaling lamps that would not comply with Standard No. 
108 Lamps, Reflective Devices, and Associated Equipment, and would also 
require modification, including the installation of a center high 
mounted stop lamp, to comply with that standard.
    Volkswagen further stated that a passive shoulder belt system would 
have to be installed on the non-U.S. certified 1989-1991 Volkswagen 
Golf 4-Door Sedans to comply with Standard No. 208 Occupant Crash 
Protection. Volkswagen noted that the installation of such a system 
would require the attachment of anchorages in the tunnel area and on 
the front door and the attachment and welding of reinforcements to the 
B-pillar. Volkswagen also noted that a knee bar would have to be 
installed on the instrument panel for compliance with the passive 
restraint crash test requirements.
    Volkswagen also asserted that the non-U.S. certified 1989-1991 
Volkswagen Golf 4-Door Sedans would not comply with Standard No. 212 
Windshield Mounting because only clips were used for mounting the 
windshield on these vehicles, as opposed to the adhesive bonding method 
that was employed in the U.S. certified versions. Volkswagen further 
observed that the non-U.S. certified 1989-1991 Volkswagen Golf 4-Door 
Sedans did not have the door beam structure that is necessary for 
compliance with Standard No. 214. Additionally, Volkswagen stated that 
the vehicles were manufactured with some foam seat parts that were not 
treated with flame resistant agents to comply with Standard No. 302.
    G&K did not respond to Volkswagen's comments even though NHTSA 
accorded it an opportunity to do so. In light of the issues that 
Volkswagen has raised regarding the lack of substantial similarity 
between non-U.S. certified 1989-1991 Volkswagen Golf 4-Door Sedans and 
the U.S.-certified versions of those vehicles, NHTSA has concluded that 
the petitioner has failed to demonstrate that non-U.S. certified 1989-
1991 Volkswagen Golf 4-Door Sedans are (1) substantially similar to a 
motor vehicle originally manufactured for importation into and sale in 
the United States and certified under 49 U.S.C. Sec. 30115 and (2) are 
capable of being readily altered to comply with all applicable Federal 
motor vehicle safety standards. The petition must therefore be denied 
under 49 CFR 593.7(e).
    In accordance with 49 U.S.C. Sec. 30141(b)(1), NHTSA will not 
consider a new import eligibility petition covering these vehicles 
until at least three months from the date of this notice.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: August 2, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-19921 Filed 8-4-00; 8:45 am]
BILLING CODE 4910-59-P