
[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]               
[Page 26764-26765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-128]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0101]

 
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

AGENCY: National Highway Traffic Safety Administration, DOT.

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.

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SUMMARY: 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.

DATES: The closing date for comments on the petition is July 6, 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, 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 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: 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 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 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 non-U.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

[[Page 26765]]

respect to compliance with most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.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 non-U.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 Power-Operated 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 non-U.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. E9-12842 Filed 6-2-09; 8:45 am]

BILLING CODE 4910-59-P
