[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Pages 57481-57482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22949]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11878; Notice 2]


Decision That Nonconforming 2001 and 2002 Porsche GT2 Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 2001 and 2002 
Porsche GT2 passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 2001 and 2002 
Porsche GT2 passenger cars not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards (FMVSS) are 
eligible for importation into the United States. The 2001 Porsche GT2 
is eligible for importation because it has safety features that comply 
with, or are capable of being altered to comply all applicable FMVSS. 
The 2002 Porsche GT2 is eligible for importation because it is 
substantially similar to a vehicle originally manufactured for 
importation into and sale in the United States and certified by its 
manufacturer as complying with the safety standards (the U.S. certified 
version of the 2002 Porsche GT2), and it is capable of being readily 
altered to conform to the standards.

DATES: This decision is effective as of the date of its publication in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Marilynne Jacobs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-2832).

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.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being altered to comply with, all applicable 
FMVSS based on destructive test data or such other evidence as NHTSA 
decides to be adequate.
    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 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 passenger cars are eligible for 
importation. NHTSA published notice of these petitions on April 9, 2002 
(67 FR 17115) to afford an opportunity for public comment. The reader 
is referred to that notice for a thorough description of the petitions.
    One comment was received in response to the notice of the 
petitions. This was from Porsche Cars North America, Inc. 
(``Porsche''), the U.S. representative of Porsche AG, the vehicles' 
manufacturer. In its comment, Porsche stated that it did not 
manufacture and certify for importation into and sale in the United 
States any model year 2001 Porsche 911 GT2 passenger car. Porsche 
stated that J.K. may have confused the 2001 Porsche 911 GT2 with the 
2001 Porsche 911 Turbo, which it did offer for sale in the United 
States. Porsche contended that there are substantial differences 
between the non-U.S. certified 2001 Porsche 911 GT2 and the U.S. 
certified 2001 Porche 911 Turbo that preclude those vehicles from being 
found to be substantially similar. Porsche submitted no comments 
regarding the 2002 Porsche GT2.
    From its review of the information submitted by the petitioners, 
the agency has concluded that the 2002 Porsche GT2 is eligible for 
importation under 49 U.S.C. 30141(a)(1)(A) based on its substantial 
similarity to the U.S.-certified model and its capability of being 
readily altered to conform to the standards.
    With regard to the 2001 model, NHTSA has considered Porsche's 
comments and confirmed that it did not certify a 2001 Porsche GT2 for 
importation into and sale in the United States. However, the factory-
issued sales literature for the German versions of the 2001 and 2002 
Porsche GT2 (``Der 911 GT2'' Catalog Nos. WVK 178 410 D/WW 11/00 and 
WVK 202 310 02 D/WW 8/01) show that those vehicles have identical 
mechanical and dimensional specifications. In light of this 
circumstance, the agency has decided to grant import eligibility to the 
2001 Porsche GT2 even though there is no U.S.-certified version of that 
vehicle.

[[Page 57482]]

The agency is making this decision under 49 U.S.C. 30141(a)(1)(B), 
which, as previously noted, permits a nonconforming motor vehicle to be 
admitted into the United States if its safety features comply with, or 
are capable of being altered to comply with, all applicable FMVSS based 
on destructive test or such other evidence as NHTSA decides to be 
adequate. In this instance, the factory-issued sales literature, which 
reveals the German 2001 Porsche GT2 to be identical in mechanical and 
dimensional specifications to the German 2002 Porsche GT2, provides 
adequate evidence that the 2001 model is capable of being altered to 
comply with the FMVSS, when coupled with the fact that there is a U.S.-
certified counterpart for the 2002 model, and the agency's finding that 
the non-U.S. certified 2002 model is capable of being readily altered 
to conform to the FMVSS.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VCP-20 is the vehicle eligibility number assigned to 2001 Porsche GT2 
passenger cars and VSP-388 is the vehicle eligibility number assigned 
to 2002 Porsche GT2 passenger cars admissible under this notice of 
final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 2001 Porsche GT2 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 
they have safety features that comply with, or are capable of being 
altered to comply with, all applicable Federal motor vehicle safety 
standards. In addition, the agency decides that 2002 Porsche GT2 
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 they are substantially 
similar to 2002 Porsche GT2 passenger cars originally manufactured for 
sale in the United States and certified under 49 U.S.C. 30115, and are 
capable of being readily altered to conform to all applicable Federal 
motor vehicle safety standards.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: September 5, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-22949 Filed 9-9-02; 8:45 am]
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