[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Notices]
[Pages 39822-39823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19186]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7965]


Denial of Petition for Import Eligibility for 1999-2000 Porsche 
GT3 Passenger Cars

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Denial of petition for import eligibility for 1999-2000 Porsche 
911 GT3 passenger cars (GT3).

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DISCUSSION: This document sets forth the reasons for the denial of a 
petition submitted to the National Highway Traffic Safety 
Administration (NHTSA) under 49 U.S.C. 30141(a)(1)(A). The petition, 
which was submitted by Wallace Environmental Testing Laboratories, Inc. 
of Houston, Texas (``WETL'')(Registered Importer 90-005), requested 
NHTSA to decide that GT3's that were not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards 
(FMVSS) are eligible for importation into the United States. In the 
petition, WETL contended that these vehicles are eligible for 
importation on the basis that (1) they are substantially similar to 
vehicles that were originally manufactured for importation into and 
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 1999-2000 Porsche 911 passenger car (911)), and (2) they are 
capable of being readily altered to conform to the standards.
    NHTSA published a notice in the Federal Register on October 6, 
2000, (65 FR 59889) that contained a thorough description of the 
petition, and solicited public comments upon it. In a letter dated 
November 13, 2000, Porsche Cars North America, Inc. (Porsche), the 
United States representative of the vehicle's foreign manufacturer, 
commented that GT3's are ineligible for importation because they are 
not substantially similar to vehicles that were originally manufactured 
and certified for sale in the United States and are not capable of 
being readily altered to conform to the standards. Specifically, 
Porsche observed that the GT3s that are the subject of the petition are 
equipped with (1) a fuel tank of 90 liters volume compared to 64 liters 
for the 911 certified for the U.S. market, (2) a 3.6 liter engine for 
the GT3 compared to the 3.4 liter engine for the 911, (3) a different 
cooling and lubrication system than the 911, and (4) a different 
suspension system than the 911.
    Porsche also stated that parts of the GT3 have not been subjected 
to any certification testing for compliance with the FMVSS. 
Specifically, Porsche observed that the GT3 does not comply with the 
following FMVSS in the following ways:
    FMVSS 102 Transmission shift lever sequence, starter interlock, and 
transmission braking effect. The importer has not submitted any changes 
to achieve compliance with this standard.
    FMVSS 103 Windshield Defrosting and Defogging System. The engine of 
the GT3 is very different from that of the 911 models that were 
manufactured and certified for sale in the United States. The cooling 
circuits of both engines differ significantly. As a result, the heating 
system of the GT3 is different from that of the 911. The GT3 has not 
been tested for compliance with this standard.
    FMVSS 105 Hydraulic and electric brake systems and FMVSS 135 
Passenger Car Brake Systems. The braking system of the GT3 is 
significantly different from that of the 911. The braking system of the 
GT3 has not undergone any testing to establish compliance with this 
standard.
    FMVSS 106 Brake hoses. The GT3 uses brake hoses that differ from 
those of the 911. The brake hoses of the GT3 have not been tested for 
compliance with this standard.
    FMVSS 201 Occupant protection in interior impact. The GT3 does not 
comply with this standard when equipped with the original rollbar.
    FMVSS 202 Head restraints. The GT3 can be ordered with an optional 
bucket seat. This seat has not been tested for compliance with this 
standard. In a vehicle equipped with this optional bucket seat, one 
seat belt anchorage is different, and this anchorage has not been 
tested for compliance with FMVSS 210 Seat Belt Assembly Anchorages.
    FMVSS 208 Occupant crash protection. The air bag system of the GT3 
has different structural elements that the 911 (larger fuel tank, 
different suspension, less weight). The GT3's air bag system has not 
been tested for compliance with this standard.
    FMVSS 209 Seat belt assemblies. The GT3's seatbelts do not comply 
with this standard.
    FMVSS 214 Side impact protection. The GT3 has a different 
suspension system than the 911. The GT3 is 40 mm lower than the 911 and 
this lower suspension has a significant influence on side impact 
protection. The GT3 has not undergone any compliance testing for this 
standard. The proposed modifications by the petitioner will not

[[Page 39823]]

bring the GT3 to the height in which the U.S. certified 911's were 
tested for compliance with the FMVSS.
    FMVSS 301 Fuel System Integrity. The fuel tank of the GT3 is 
significantly different from that of the 911. The GT3's fuel tank has a 
larger volume and is in a slightly different location than the 911. The 
GT3's fuel tank extends further towards the front end of the car and 
may therefore behave differently than that of a 911 in a crash or 
rollover. The GT3's fuel tank has not been tested for compliance with 
this standard. The changes submitted in the importer's petition for the 
fuel system are not sufficient to secure compliance with this standard.
    Porsche also commented that insufficient information had been 
provided by the petitioner to determine whether the proposed 
modifications were sufficient to ensure compliance with the following 
FMVSS: FMVSS 101 Controls and displays, FMVSS 108 Lamps, reflective 
devices and associated equipment, and FMVSS 114 Theft protection.
    NHTSA accorded WETL an opportunity to respond to Porsche's 
comments. WETL responded on December 15, 2001, with the following 
comments:
    FMVSS 102. The GT3 complies with this standard, as the shift lever 
pattern of the manual transmission is displayed to the driver at all 
times.
    FMVSS 103. The GT3 engine is different from the engine of the 911, 
however, the heat exchanger and the blower are identical in material 
make and part number. The GT3 complies with this standard.
    FMVSS 105 and FMVSS 135. The braking systems are not identical, but 
share many components, with the 2000-2001 Twin Turbo 911 sold in the 
U.S. The GT3 complies with this standard.
    FMVSS 106. All brake hoses will be replaced.
    FMVSS 201. The noncomplying optional rollbar would be removed from 
any GT3 vehicle so equipped.
    FMVSS 202 and FMVSS 210. The optional bucket seats would be removed 
from any GT3 vehicle so equipped.
    FMVSS 208. More than one air bag unit is available for the GT3. 
WETL will verify and substitute the air bag units, as necessary.
    FMVSS 209. The seat belt assemblies will be changed.
    FMVSS 214 and Part 581. The GT3 will be modified to the exact 
height of the 911 to meet these requirements. Suspension related parts 
can readily be changed to the U.S. part number.
    FMVSS 301. The fuel tank in the U.S. certified 2002 Porsche GT2 
that will be imported by Porsche is identical to the GT3 fuel tank.
    Porsche's responded on January 22, 2001, with comments by 
addressing the following FMVSS:
    FMVSS 102. The GT3 does not comply with this standard, it does not 
have a starter interlock.
    FMVSS 103. WETL has not adequately addressed the objections 
concerning the different engine cooling circuits.
    FMVSS 105 and FMVSS 135. The GT3 brake system has not been tested, 
WETL has not provided test data showing compliance.
    FMVSS 208 and FMVSS 301. Contrary to WETL claims, the 2002 GT2 will 
have the same 64 liter fuel tank used in the 1999/2000 911 Carrera. 
Porsche has no test data using the larger 90 liter fuel tank, and notes 
that the ``substantially similar'' determination for the GT3 is being 
made against the 1999/2000 911, not the 2002 GT2.
    WETL submitted a final responsive comment on April 6, 2001, that 
addressed the following FMVSS:
    FMVSS 102. The shift lever pattern of the manual transmission is 
displayed to the driver. A starter interlock is required by the 
regulation for a manual transmission.
    FMVSS 103. The GT3 is equipped with a similar defrost system as 
found on the 2001 U.S. 911 Twin Turbo.
    FMVSS 105 and FMVSS 135. The braking systems are not identical, but 
share many components with the 2000-2001 Twin Turbo 911. The GT3 
complies with this standard.
    FMVSS 208 and FMVSS 301. Fuel tanks will be replaced with the U.S. 
version.
    NHTSA has reviewed the comments from Porsche and WETL and has 
concluded that, due to the substantial differences in suspension, 
brakes, engine, fuel tank, and vehicle weight, WETL's petition does not 
clearly demonstrate that the GT3's that are the subject of the petition 
are eligible for importation. The petition must therefore be denied 
under 49 CFR 593.7(e).
    In accordance with 49 U.S.C. Sec. 30141(b)(1), NHTSA will not 
consider a new import eligibility petition covering this vehicle until 
at least three months from the date of this notice.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Dated: July 27, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety, Compliance.
[FR Doc. 01-19186 Filed 7-31-01; 8:45 am]
BILLING CODE 4910-59-P