Notice of Receipt of Petition for Decision That Nonconforming 2009 Porsche 911 (997) Passenger Cars Are Eligible for Importation

Topics:  Porsche 911

Claude H. Harris
National Highway Traffic Safety Administration
November 26, 2012

[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70541-70542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28628]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0160, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2009 Porsche 911 (997) Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 2009 Porsche 911 (997) 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 2009 Porsche 911 (997) 
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 December 26, 
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

[[Page 70542]]

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).
    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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(WETL) (Registered Importer 90-005) has petitioned NHTSA to decide 
whether nonconforming 2009 Porsche 911 (997) passenger cars are 
eligible for importation into the United States. The vehicles which 
WETL believes are substantially similar are 2009 Porsche 911 (997) 
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 2009 Porsche 911 (997) passenger cars to their U.S.-
certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified nonconforming 2009 Porsche 911 
(997) 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 2009 Porsche 911 (997) 
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, 113 Hood Latch System, 111 Rearview 
Mirrors, 114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 
Power-Operated Window, Partition, and Roof Panel Systems, 124 
Accelerator Control Systems, 135 Light Vehicle Brake Systems, 138 Tire 
Pressure Monitoring Systems, 139 New Pneumatic radial tires for light 
vehicles, 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, 225 Child Restraint 
Anchorage Systems, 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 brake failure indicator lamp 
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: Replacement of the headlamps and tail lamps with U.S.-model 
components.
    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. 208 Occupant Crash Protection: Petitioner claims that 
the passive restraint system hardware in the nonconforming 2009 Porsche 
911 (997) is identical to that found on the U.S.-certified 2009 Porsche 
911 (997), and has included a listing of the advanced air bag component 
part numbers in its petition as proof. The petitioner also states that 
the software and firmware associated with the occupant protection 
system must be verified and updated with U.S.-version software as 
necessary to ensure that the system conforms to the standard. This may 
require the replacement of system components. The petitioner 
additionally states that the installation of U.S.-model knee bolster 
components is necessary.
    Standard No. 301 Fuel System Integrity: installation of U.S.-model 
rollover valve in the fuel tank vent line.
    Standard No. 401 Interior Trunk Release: installation of U.S.-model 
interior trunk release 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.
    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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: November 16, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-28628 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-59-P