Notice of Receipt of Petition for Decision That Nonconforming 2005 Volkswagen Golf Passenger Cars are Eligible for Importation, 63229-63231 [E7-21966]

Download as PDF rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the highway projects in the State of Texas that are listed below. The actions by the Federal agencies on the projects, and the laws under which such actions were taken, are described in the documented environmental assessments (EAs), issued in connection with the projects, and in other documents in the FHWA project record for the project. The EA and other documents from the FHWA project record files for the listed projects are available by contacting the FHWA or TxDOT at the addresses provided above. This notice applies to all Federal agency decisions on the listed projects as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: I. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109]. II. Air: Clean Air Act (CAA), 42 U.S.C. 7401–7671(q). III. Land: Section 4(f) of the Department of Transportation Act of 1966 (4f) [49 U.S.C. 303]. IV. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531–1544 and Section 1536], Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703–712]. V. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (106) [16 U.S.C. 570(f) et seq.]; Archeological Resources Protection Act of 1977 (ARPA) [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act (AHPA) [16 U.S.C. 469–469(c)]. VI. Social and Economic: Civil Rights Act of 1964 (Civil Rights) [42 U.S.C. 2000(d)–2000(d)(1)]. VII. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 402, Section 319); Rivers and Harbors Act of 1899 (RHA), 33 U.S.C. 401–406.) VIII. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 11514 Protection and Enhancement of Environmental Quality. The projects subject to this notice are: 1. State Highway (SH) 121 from FM 423 to US 75 in the county of Collin. Project Reference Number: TxDOT CSJ: 0364–03–066, etc. Project Type: The project will be for reconstruction and tolling of approximately fifteen and one half (15.5) miles of a 6 lane (3 in each direction) controlled access road with toll-free three lane frontage roads in each direction. Project Length: Approximately fifteen and one half (15.5) miles. General Purpose: The project will improve system linkage and VerDate Aug<31>2005 18:35 Nov 07, 2007 Jkt 214001 mobility in the area in response to current and future traffic demand needs and development along SH 121. The actions by the Federal agencies on the project, and the laws under which such actions were taken, are described in the documented environmental assessment (EA), issued in connection with the project, and in other documents in the FHWA project record for the project. The EA and other documents from the FHWA project record files for the listed projects are available by contacting the FHWA or TxDOT at the addresses provided above and can be viewed and downloaded from the following Web site: http:// www.keepitmovingdallas.com. Final agency actions taken under: NEPA, FAHA, CAA, section 106, ESA, MBTA, ARPA, AHPA, Civil Rights Act, section 404 (USACE NWP14), section 401, section 402, E.O. 11990, and E.O. 11514. NEPA Documents: Actual EA/ FONSI was determined on November 22, 1991 and was found to still be valid on October 17, 2002, April 14, 2006, and October 12, 2007. 2. Project Location: State Highway (SH) 121 interchange at US 75 in the county of Collin. Project Reference Number: TxDOT CSJ: 0364–04–040. Project Type: The project will be reconstruction and tolling of a 6 and 8 lane (3 and 4 in each direction) controlled access road with three lane frontage roads in each direction and construction of direct connectors between both mainlanes of SH 121 and US75. Project Length: Approximately two and eight tenths (2.8) miles. General Purpose: The project will improve system linkage and mobility in the area in response to current and future traffic demand needs and development along SH 121. Final agency actions taken under: NEPA, FAHA, CAA, ESA, MBTA, ARPA, AHPA, Civil Rights Act, section 402, E.O. 11990, and E.O. 11514. NEPA Document: EA/FONSI issued April 20, 2006 and was found to still be valid October 12, 2007. Document available at: http:// www.keepitmovingdallas.com. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: November 1, 2007. Salvador Deocampo, District Engineer. [FR Doc. 07–5587 Filed 11–7–07; 8:45 am] BILLING CODE 4910–22–M PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 63229 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 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. AGENCY: 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 E:\FR\FM\08NON1.SGM 08NON1 rwilkins on PROD1PC63 with NOTICES 63230 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 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 dropdown menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select ‘‘Nonrulemaking’’ from the dropdown menu in the Type field and ‘‘Vehicle Import Eligibility’’ in the dropdown 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 VerDate Aug<31>2005 16:54 Nov 07, 2007 Jkt 214001 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Vehicle Brake Fluids, 118 PowerOperated 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. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–0030; Notice 1] Graco Children’s Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance rwilkins on PROD1PC63 with NOTICES Graco Children’s Products, Inc. (Graco) has determined that certain child restraint systems that it manufactured between June 21, 2006 and October 26, 2007, did not fully comply with paragraphs S5.5.2(m) and S5.6.1.7 of 49 CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) No. 213 Child Restraint Systems. Graco has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Graco has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Graco’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are several million child restraint systems. Paragraph S5.5.2(m) of 49 CFR 571.213 requires that a child restraint system be permanently labeled with: (m) One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii): (i) ‘‘Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional) and the restraint’s model number and manufacturing date to (insert address) or call (insert a U.S. telephone number). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800– 424–9153), or go to http://www.NHTSA.gov.’’ (ii) ‘‘Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your VerDate Aug<31>2005 16:54 Nov 07, 2007 Jkt 214001 name, address, e-mail address if available [preceding four words are optional], and the restraint’s model number and manufacturing date to (insert address) or call (insert a U.S. telephone number) or register online at (insert Web site for electronic registration form). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1– 888–327–4236 (TTY: 1–800–424–9153), or go to http://www.NHTSA.gov.’’ See also S5.6.1.7 of 49 CFR 571.213. Graco explains that all subject child restraint systems failed to comply with the above requirements because labels attached to them did not include Graco’s electronic registration Web site address. In addition, some models of these restraint systems also had labels that included an incorrect NHTSA Hotline telephone number. Graco states that although the Hotline number printed on the labels is incorrect (i.e., the labels show the superseded NHTSA Hotline number), Graco has procured the former Hotline number and is prepared to have all calls to that outdated number automatically routed to the correct number (i.e., the current NHTSA Hotline number) for a period of seven years. Graco additionally states that although its electronic registration Web site address is not on the restraint systems, its toll free telephone number appears in at least two places on all the restraint systems. Also, full contact information, including the Graco’s company Web site address, appears in the owner’s manual of every child restraint system manufactured by Graco. Graco states that neither the incorrect NHTSA Hotline number nor the absence of Graco’s Web site address have any effect on the crashworthiness of the restraint systems. Therefore, Graco states that these noncompliances are inconsequential to motor vehicle safety. Graco notes that it has stopped shipment of the restraint systems with incorrect labels and ceased production of new seats while corrected labels are being printed. Graco proposes two measures as ‘‘an interim solution to bring infant and child seats produced with the incorrect label into substantial compliance.’’ First, Graco reiterates its proposal to have calls to the incorrect NHTSA Hotline number automatically rerouted to the correct number, which has been made possible by Graco’s obtaining the rights to the old number. Graco also proposes to send a broadcast e-mail with a direct link to Graco’s online registration Web site to approximately 570,000 consumers about the importance of registration of their child restraint systems. The e-mail would be sent to approximately 570,000 consumers who have either registered PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 63231 their child restraint systems through Graco, requested Graco’s newsletter, or whose names have been acquired from prenatal lists. Graco believes that providing the direct Graco online registration link will allow those consumers to register their Graco-brand seats once they have received the e-mail. In summary, Graco states that it does not believe the noncompliances described above appreciably impact motor vehicle safety, and that while the label information required by NHTSA is important, so is the need to have safety equipment available to consumers. Graco argues that prioritization is especially important because cessation of their current shipping and production could jeopardize supplies of Graco child restraint systems to consumers. We note that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, these provisions apply to vehicles and equipment that have already passed from the manufacturer to an owner, purchaser, or dealer. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. Please note that we are E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63229-63231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21966]


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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