Federal Register: June 3, 2009 (Volume 74, Number 105)
DOCID: fr03jn09-128 FR Doc E9-12842
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Docket ID: [Docket No. NHTSA-2009-0101]
DOCUMENT ACTION: Notice of receipt of petition for decision that nonconforming 2006 Porsche Cayenne multipurpose passenger vehicles manufactured prior to September 1, 2006 are eligible for importation.
Notice of Receipt of Petition for Decision That Nonconforming 2006 Porsche Cayenne Multipurpose Passenger Vehicles Manufactured Prior to September 1, 2006 Are Eligible for Importation
DATES: The closing date for comments on the petition is July 6, 2009.
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2006 Porsche Cayenne multipurpose passenger vehicles (MPVs) manufactured prior to September 1, 2006 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 (the U.S.certified 2006 Porsche Cayenne MPV manufactured prior to September 1, 2006), and (2) they are capable of being readily altered to conform to the standards.
Petition for Decision that Nonconforming 2006 Porsche Cayenne Multipurpose Passenger Vehicles Manufactured Prior to September 1, 2006 are Eligible for Importation
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 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 90005) has petitioned NHTSA to decide whether nonconforming 2006 Porsche Cayenne MPVs manufactured prior to September 1, 2006, are eligible for importation into the United States. The vehicles which WETL believes are substantially similar are 2006 Porsche Cayenne MPVs manufactured prior to September 1, 2006, 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 carefully compared nonU.S. certified
2006 Porsche Cayenne MPVs manufactured prior to September 1, 2006, 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 nonU.S. certified 2006 Porsche Cayenne MPVs manufactured prior to September 1, 2006, 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 nonU.S. certified 2006 Porsche Cayenne MPVs manufactured prior to September 1, 2006, 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, 116 Motor Vehicle Brake Fluids, 118 PowerOperated Window, Partition, and Roof Panel Systems, 119 New Pneumatic Tires for Vehicles Other than Passenger Cars, 120 Tire Selection and Rims for Motor Vehicles Other than Passenger Cars, 124 Accelerator Control Systems, 135 Light Vehicle 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, 225 Child Restraint Anchorage Systems, and 302 Flammability of Interior Materials.
Petitioner 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 word ``brake'' on the instrument cluster in place of the international ECE warning symbol and installation of a U.S.model speedometer, or modification of the existing speedometer to conform with the requirements of this standard.
Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.model headlamps and tail lamps to meet the requirements of this standard.
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 on all vehicles not already so equipped.
Standard No. 114 Theft Protection: Installation of a supplemental key warning buzzer, or installation of U.S.version software on all vehicles not already so equipped.
Standard No. 208 Occupant Crash Protection: Installation of a seat belt warning system that the meets the requirements of this standard.
The petitioner states that the crash protection system used in these vehicles consists of dual front airbags, knee bolsters, and combination lap and shoulder belts at the front outboard seating positions.
Standard No. 301 Fuel System Integrity: Inspection of all vehicles and replacement of any nonU.S.model fuel system components with U.S. model 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) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: May 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E912842 Filed 6209; 8:45 am]
BILLING CODE 491059P
FOR FURTHER INFORMATION CONTACT
Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (2023663151).