[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Notices]
[Pages 17115-17117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8519]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11878]


Notice of Receipt of Petitions for Decision that Nonconforming 
2001 and 2002 Porsche GT2 Turbo Passenger Cars are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petitions for decision that nonconforming 
2001 and 2002 Porsche GT2 Turbo passenger cars are eligible for 
importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of two separate petitions for a 
decision that 2001 and 2002 Porsche GT2 Turbo passenger cars that were 
not originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are eligible for importation into the United 
States because (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, and (2) they are capable of being readily altered 
to conform to the standards.

DATES: The closing date for comments on the petition is May 9, 2002.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW, Washington, DC 20590. [Docket hours are from 9 am to 5 
pm].

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

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 Federal motor 
vehicle safety standards 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

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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 
Federal motor vehicle safety standards.
    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.
    Northern California Diagnostic Laboratories, Inc. of Napa, 
California (``NCDL'') (Registered Importer 92-011) petitioned NHTSA to 
decide whether 2002 Porsche GT2 Turbo passenger cars are eligible for 
importation into the United States. Shortly after NCDL's petition was 
filed, J.K. Technologies, L.L.C. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) separately petitioned NHTSA to decide 
whether 2001 and 2002 Porsche GT2 Turbo passenger cars are eligible for 
importation. J.K. requested the agency to grant confidentiality to 
certain information that accompanied its petition. NCDL did not file a 
confidentiality request. Because the two petitions pertain to the same 
vehicles (with the exception that the J.K. petition covers two model 
years and the NCDL petition only one), NHTSA is soliciting comments on 
both petitions in this notice.
    The vehicles that NCDL and J.K. believe are substantially similar 
are 2001 and 2002 Porsche GT2 Turbo passenger cars that were 
manufactured for importation into, and sale in, the United States and 
certified by their manufacturer as conforming to all applicable Federal 
motor vehicle safety standards.
    The petitioners claim that that they have carefully compared non-
U.S. certified 2001 and 2002 Porsche GT2 Turbo passenger cars to their 
U.S.-certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most Federal motor vehicle 
safety standards.
    NCDL and J.K. submitted information with their petitions intended 
to demonstrate that non-U.S. certified 2001 and 2002 Porsche GT2 Turbo 
passenger cars, as originally manufactured for sale in Europe, conform 
to many Federal motor vehicle safety standards in the same manner as 
their U.S. certified counterparts, or are capable of being readily 
altered to conform to those standards.
    Specifically, the petitioners claim that non-U.S. certified 2001 
and 2002 Porsche GT2 Turbo passenger cars are identical to their U.S. 
certified counterparts with respect to compliance with Standard Nos. 
102 Transmission Shift Lever Sequence . . . ., 103 Defrosting and 
Defogging Systems, 104 Windshield Wiping and Washing Systems, 105 
Hydraulic Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 
Hood Latch Systems, 116 Brake Fluid, 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, 209 Seat Belt Assemblies, 210 Seat 
Belt Assembly Anchorages, 212 Windshield Retention, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    Additionally, NCDL claims that non-U.S. certified 2002 Porsche GT2 
Turbo passenger cars are identical to their U.S.-certified counterparts 
with respect to compliance with Standard Nos. 110 Tire Selection and 
Rims, 111 Rearview Mirrors, 114 Theft Protection, 208 Occupant Crash 
Protection, and 301 Fuel System Integrity and with the Bumper Standard 
found in 49 CFR part 581.
    J.K. states that non-U.S certified 2001 and 2002 Porsche GT2 Turbo 
passenger cars are capable of being readily altered to meet those 
standards, in the following manner:
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rearview mirror with a U.S.-model component, or inscription of the 
required warning statement on the surface of that mirror.
    Standard No. 114 Theft Protection: programming of the warning 
system to meet the standard.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of the driver's and passenger's side air bags, 
knee bolsters, control units, sensors, and seat belts with U.S.-model 
components on vehicles that are not already so equipped. J.K. states 
that the front and rear outboard designated seating positions have 
combination lap and shoulder belts that are self-tensioning and that 
release by means of a single red pushbutton. J.K. further states that 
the vehicles are equipped with a seat belt warning lamp that is 
identical to the component installed on U.S.-certified models.
    Standard No. 301 Fuel System Integrity: modifications for which 
J.K. has requested confidentiality.
    Additionally, J.K. states that the bumpers and support structures 
on non-U.S. certified 2001 and 2002 Porsche GT2 Turbo passenger cars 
are identical, in most cases, to those components found on the 
vehicles' U.S. certified counterparts. J.K. stated, however, that all 
vehicles must be inspected for part number compliance.
    Both petitioners contend that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: replacement of the 
instrument cluster with U.S.-model components.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamps and front 
sidemarker lamps, (b) installation of U.S.-model taillamp assemblies 
that incorporate rear sidemarker lamps, (c) installation of center 
high-mounted stop lamp if not already equipped.
    Standard No. 118 Power-Operated, Partition, and Roof Panel Systems: 
modification of the system to comply with the standard.
    NCDL claims that non-U.S. certified 2002 Porsche GT2 Turbo 
passenger cars comply with the parts marking requirements of the Theft 
Prevention Standard at 49 CFR Part 541. J.K. states that this standard 
is inapplicable to the 2001 and 2002 versions of the vehicle.
    NCDL states that a vehicle identification number (VIN) plate must 
be affixed to non-U.S. certified 2002 Porsche GT2 Turbo passenger cars 
to meet the requirements of 49 CFR part 565. J.K. claims that both the 
2001 and 2002 versions of the vehicle have a factory installed VIN 
plate in the windshield area that meets these requirements.
    Interested persons are invited to submit comments on the petitions 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, 
Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. It is 
requested but not required that 10 copies be submitted.
    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 address both before

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and after that date. To the extent possible, comments filed after the 
closing date will also be considered. Notice of final action on the 
petitions 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: April 3, 2002.
Marilynne Jacobs,
Office of Vehicle Safety Compliance.
[FR Doc. 02-8519 Filed 4-8-02; 8:45 am]
BILLING CODE 4910-59-P