Notice of Receipt of Petition for Decision That Nonconforming 2004 Volkswagen Passat Sedan and Wagon Model Passenger Cars Are Eligible for Importation, 9999-10001 [E7-3817]

Download as PDF Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices preemption of the WMTCs is an ‘‘unintended consequence’’ of Section 4306. The Agency found no evidence to support that position. In fact, one could just as easily conclude that the WMTCs are exactly the type of display Section 4306 was enacted to prohibit. Furthermore, there is no indication in the legislative history of SAFETEA–LU that Congress intended to ‘‘grandfather’’ existing display requirements, other than those specifically listed in 49 U.S.C. 14506(b). In consideration of the above, the State of Oregon may no longer require interstate motor carriers to display weight-mile tax credentials on CMVs. Issued on: February 26, 2007. John H. Hill, Administrator. [FR Doc. E7–3806 Filed 3–5–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–21323] Withdrawal of Regulatory Guidance Concerning the Use of Surge Brakes on Commercial Motor Vehicles Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; withdrawal of regulatory guidance. cprice-sewell on PROD1PC67 with NOTICES AGENCY: SUMMARY: FMCSA withdraws all prior regulatory guidance, previously in the Federal Register, as well as memoranda and letters issued by the Agency, indicating that surge brakes do not meet certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). Elsewhere in today’s issue of the Federal Register, FMCSA amends the FMCSRs to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers when the ratios of gross vehicle weight ratings for the towing-vehicle and trailer are within certain limits. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Federal Motor Carrier Safety Administration, Office of Policy and Program Development, Vehicle and Roadside Operations Division, Washington, DC 20590, phone (202) 366–0676, fax (202) 366–8842, e-mail luke.loy@dot.gov. On November 17, 1993, the Federal Highway Administration (FHWA) 1 SUPPLEMENTARY INFORMATION: 1 The Motor Carrier Safety Improvement Act of 1999 [Public Law 106–159, 113 Stat. 1748 VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 published ‘‘Regulatory Guidance for the Federal Motor Carrier Safety Regulations,’’ at 58 FR 60734. The publication included interpretations of 49 CFR 393.48, a rule that requires brakes to be operable at all times, and 49 CFR 393.49, the requirement that the braking system on CMVs be designed such that one brake application valve controls all the brakes on the vehicle. The Agency interpreted the regulations to prohibit the use of surge brakes on Commercial Motor Vehicles (CMVs) operated in interstate commerce. The regulatory guidance was republished on April 4, 1997, at 62 FR 16370. The FMCSA subsequently issued an Enforcement Policy memorandum on September 14, 2004, directing Federal enforcement staff, and requesting State and local enforcement officials, temporarily to allow surge brakes on CMVs operated in interstate commerce, under certain conditions, pending completion of a notice-and-comment rulemaking proceeding through which a determination would be made whether surge brakes should be allowed on a permanent basis. A copy of that Enforcement Policy memorandum is in the docket cited at the beginning of this notice. A final rule issued by FMCSA, published elsewhere in today’s issue of the Federal Register, amends the FMCSRs to allow the use of surge brakes. The final rule defines the term ‘‘surge brake’’, identifies the requirements for a surge brake system, and allows the use of automatic hydraulic inertia brake systems (surge brakes) on trailers when the ratios of gross vehicle weight ratings for the towing-vehicle and trailer are within certain limits. Therefore, in consideration of the final rule on surge brakes, the Agency withdraws all prior interpretations and regulatory guidance, issued previously in the Federal Register, as well as FMCSA memoranda and letters, stating that surge brakes do not meet the requirements of 49 CFR 393.48 and 393.49. Issued on: February 26, 2007. John H. Hill, Administrator. [FR Doc. E7–3813 Filed 3–5–07; 8:45 am] BILLING CODE 4910–EX–P (December 9, 1999)] established the FMCSA in the Department of Transportation. On January 4, 2000, the Office of the Secretary published a final rule delegating to the FMCSA Administrator the motor carrier safety functions required by MCSIA, which included certain motor carrier safety functions previously delegated to the FHWA (65 FR 200). PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 9999 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26555] The New Car Assessment Program; Suggested Approaches for Enhancements National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Correction of Public Hearing Time. AGENCY: Correction In notice document Volume 72 Number 16 beginning on page 3473 on the issue date of January 25, 2007, make the following correction to the meeting time posted: 1. On page 3473, under Public Hearing, the beginning time is corrected to read as 8:30 a.m. Authority: 49 U.S.C. 30111, 30168; delegation of authority at 49 CFR 1.50 and 501.8. Issued on: February 27, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–3814 Filed 3–5–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–27376] Notice of Receipt of Petition for Decision That Nonconforming 2004 Volkswagen Passat Sedan and Wagon Model Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2004 Volkswagen Passat sedan and wagon model passenger cars are eligible for importation. AGENCY: SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004 Volkswagen Passat sedan and wagon model 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 importation into and E:\FR\FM\06MRN1.SGM 06MRN1 10000 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices cprice-sewell on PROD1PC67 with NOTICES 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. DATE: The closing date for comments on the petition is April 5, 2007. 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 a.m. to 5 p.m.]. 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 (Volume 65, Number 70; Pages 19477–78) or you may visit https://dms.dot.gov. 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. J.K. Technologies, LLC, of Baltimore, Maryland (‘‘J.K.’’) (Registered Importer 90–006) has petitioned NHTSA to decide whether nonconforming 2004 Volkswagen Passat sedan and wagon model passenger cars are eligible for VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 importation into the United States. The vehicles which J.K. believes are substantially similar are 2004 Volkswagen Passat sedan and wagon model passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it carefully compared non-U.S. certified 2004 Volkswagen Passat sedan and wagon model passenger cars to their U.S.certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2004 Volkswagen Passat sedan and wagon model 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 2004 Volkswagen Passat sedan and wagon model 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 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, 209 Seat Belt Assemblies, 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. 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. 108 Lamps, Reflective Devices and Associated Equipment: (a) Installation of U.S.-model headlamp assemblies which incorporate front side- PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 mounted marker lamps; and (b) installation of U.S.-model taillamp assemblies which incorporate rear sidemounted marker lamps. Standard No. 110 Tire Selection and Rims: 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 that mirror. Standard No. 114 Theft Protection: Installation of U.S.-version software to meet the requirements of this standard. Standard No. 118 Power-Operated Window, Partition, and Roof Panel Systems: Installation of U.S.-version software to meet the requirements of this standard. Standard No. 208 Occupant Crash Protection: (a) Inspection of all vehicles and replacement of any non U.S.-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 of U.S.-version software to ensure that the seat belt warning system meets the requirements of this standard. The petitioner states that the crash protection system used in these vehicles consists of dual front airbags and knee bolsters, and combination lap and shoulder belts at the front and rear outboard seating positions. These manual systems are automatic, selftensioning, and are released by means of a single red push-button. Standard No. 225 Child Restraint Anchorage Systems: Inspection of all vehicles and installation of U.S.-model components on vehicles that are not already so equipped. Standard No. 301 Fuel System Integrity: Inspection of all vehicles and replacement of non-U.S.-model fuel system components with U.S.-model components on vehicles not already so equipped. Standard No. 401 Interior Trunk Release: Inspection of all vehicles and installation of U.S.-model components on vehicles that are not already so equipped. 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. 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. [Docket hours are from 9 a.m. to 5 p.m.]. It is requested but not required that 10 copies be submitted. E:\FR\FM\06MRN1.SGM 06MRN1 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices cprice-sewell on PROD1PC67 with NOTICES 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. VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 10001 Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Issued on: February 27, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–3817 Filed 3–5–07; 8:45 am] 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. BILLING CODE 4910–59–P PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9999-10001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3817]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-27376]


Notice of Receipt of Petition for Decision That Nonconforming 
2004 Volkswagen Passat Sedan and Wagon Model Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2004 Volkswagen Passat sedan and wagon model passenger cars are 
eligible for importation.

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

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2004 Volkswagen Passat sedan and wagon model 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 importation into and

[[Page 10000]]

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.

DATE: The closing date for comments on the petition is April 5, 2007.

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 a.m. 
to 5 p.m.]. 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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
https://dms.dot.gov.

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.
    J.K. Technologies, LLC, of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
nonconforming 2004 Volkswagen Passat sedan and wagon model passenger 
cars are eligible for importation into the United States. The vehicles 
which J.K. believes are substantially similar are 2004 Volkswagen 
Passat sedan and wagon model passenger cars that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified 
2004 Volkswagen Passat sedan and wagon model passenger cars to their 
U.S.-certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most FMVSS.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2004 Volkswagen Passat sedan and 
wagon model 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 2004 
Volkswagen Passat sedan and wagon model 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 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, 209 Seat Belt Assemblies, 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.
    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. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamp assemblies which 
incorporate front side-mounted marker lamps; and (b) installation of 
U.S.-model taillamp assemblies which incorporate rear side-mounted 
marker lamps.
    Standard No. 110 Tire Selection and Rims: 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 that mirror.
    Standard No. 114 Theft Protection: Installation of U.S.-version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S.-version software to meet the requirements 
of this standard.
    Standard No. 208 Occupant Crash Protection: (a) Inspection of all 
vehicles and replacement of any non U.S.-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 of 
U.S.-version software to ensure that the seat belt warning system meets 
the requirements of this standard.
    The petitioner states that the crash protection system used in 
these vehicles consists of dual front airbags and knee bolsters, and 
combination lap and shoulder belts at the front and rear outboard 
seating positions. These manual systems are automatic, self-tensioning, 
and are released by means of a single red push-button.
    Standard No. 225 Child Restraint Anchorage Systems: Inspection of 
all vehicles and installation of U.S.-model components on vehicles that 
are not already so equipped.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and replacement of non-U.S.-model fuel system components with U.S.-
model components on vehicles not already so equipped.
    Standard No. 401 Interior Trunk Release: Inspection of all vehicles 
and installation of U.S.-model components on vehicles that are not 
already so equipped.
    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.
    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. [Docket hours are from 9 a.m. to 5 p.m.]. It is 
requested but not required that 10 copies be submitted.

[[Page 10001]]

    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: February 27, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-3817 Filed 3-5-07; 8:45 am]
BILLING CODE 4910-59-P