
[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]               
[Page 75172-75174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-116]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0186]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2005-2006 Porsche Carrera Cabriolet Passenger Cars Manufactured Prior 
to September 1, 2006 Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2005-2006 Porsche Carrera Cabriolet passenger cars manufactured prior 
to September 1, 2006 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 
2005-2006 Porsche Carrera Cabriolet passenger cars 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 version of 
the 2005-2006 Porsche Carrera Cabriolet passenger cars manufactured 
prior to September 1, 2006,) and (2) they are capable of being readily 
altered to conform to the standards.

DATE: The closing date for comments on the petition is January 9, 2009.

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,

[[Page 75173]]

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 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 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 ``Advanced Docket Search.''
    (3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY 
ADMINISTRATION'' from the drop-down menu in the Agency field and enter 
the Docket ID number shown at the heading of this document.
    (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. 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.
    AAA Sunshine Car Import (AAA), of Ft. Myers, Florida (Registered 
Importer 01-289) has petitioned NHTSA to decide whether nonconforming 
2005-2006 Porsche Carrera Cabriolet passenger cars manufactured prior 
to September 1, 2006 are eligible for importation into the United 
States. The vehicles which AAA believes are substantially similar are 
2005-2006 Porsche Carrera Cabriolet passenger cars 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 compared non-U.S. certified 2005-2006 
Porsche Carrera Cabriolet passenger cars 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.
    AAA submitted information with its petition intended to demonstrate 
that non-U.S. certified 2005-2006 Porsche Carrera Cabriolet passenger 
cars 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 non-U.S. certified 2005-
2006 Porsche Carrera Cabriolet passenger cars 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, 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, 210 Seat Belt Assembly Anchorages, 212 
Windshield Mounting, 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: (a) Inscription of the word 
``brake'' on the dash in place of the international ECE warning symbol; 
(b) replacement of the speedometer with a unit reading in miles per 
hour, or modification of existing speedometer so that it reads in miles 
per hour; and (c) installation or activation of U.S.-version software 
in the vehicle's computer system.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Inspection of all vehicles and installation, on vehicles 
that are not already so equipped, of U.S.-model components to meet the 
requirements of this standard.
    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 a supplemental 
key warning buzzer, or installation or activation of U.S.-version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation or activation of U.S.-version software in the 
vehicle's computer system to meet the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: 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

[[Page 75174]]

components on vehicles that are not already so equipped; and (b) 
installation or activation 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 combination lap and 
shoulder belts at the front outboard seating positions. The seat belt 
systems are described as self-tensioning and capable of being released 
by means of a single red push-button.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of any non U.S.-certified model seat belts with U.S.-
model components.
    Standard No. 214 Side Impact Protection: Inspection of all vehicles 
and installation of U.S.-model door beam components on vehicles not 
already so equipped.
    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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: December 4, 2008.
Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E8-29190 Filed 12-9-08; 8:45 am]

BILLING CODE 4910-59-P
