Notice of Receipt of Petition for Decision That Nonconforming 1990 Porsche 944 S2 Cabriolet Convertible Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-89; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1990 Porsche 944 S2 Cabriolet Convertible Passenger Cars Are Eligible

for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990 Porsche 944 S2 Cabriolet convertible passenger cars are eligible

for importation.

SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that a 1990

Porsche 944 S2 Cabriolet convertible that was not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards is eligible for importation into the United States because

(1) it is substantially similar to a vehicle that was originally

manufactured for importation into and sale in the United States and

that was certified by its manufacturer as complying with the safety

standards, and (2) it is capable of being readily altered to conform to

the standards.

DATES: The closing date for comments on the petition is December 8,

1994.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, Room 5109, National

Highway Traffic Safety Administration, 400 Seventh St., SW, Washington,

DC 20590. [Docket hours are from 9:30 am to 4 pm]

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section

108(c)(3)(A)(i)(I) of the National Highway Traffic Safety Act (the

Act)), 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 (formerly section 114 of the

Act), 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 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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether 1990 Porsche 944 S2 Cabriolet convertible passenger cars

are eligible for importation into the United States. The vehicle which

Wallace believes is substantially similar is the 1990 Porsche 944 S2

Cabriolet convertible that was manufactured for importation into, and

sale in, the United States and certified by its manufacturer as

conforming to all applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared the non-U.S.

certified 1990 Porsche 944 S2 Cabriolet convertible to its U.S.

certified counterpart, and found the two vehicles to be substantially

similar with respect to compliance with most Federal motor vehicle

safety standards.

Wallace submitted information with its petition intended to

demonstrate that the non-U.S. certified 1990 Porsche 944 S2 Cabriolet

convertible, as originally manufactured, conforms to many Federal motor

vehicle safety standards in the same manner as its U.S. certified

counterpart, or is capable of being readily altered to conform to those

standards.

Specifically, the petitioner claims that the non-U.S. certified

1990 Porsche 944 S2 Cabriolet convertible is identical to its U.S.

certified counterpart with respect to compliance with Standards Nos.

102 Transmission Shift Lever Sequence . . . ., 103 Defrosting and

defogging Systems, 104 Windshield Wiping and Washing Systems, 105

Hydraulic Brake Systems, 106 Brake Hoses, 107 Reflecting Surfaces, 109

New Pneumatic Tires, 112 Headlamp Concealment Devices, 113 Hood Latch

Systems, 116 Brake Fluid, 118 Power-Operated Window Systems, 124

Accelerator Control Systems, 201 Occupant Protection in Interior

Impact, 202 Head Restraints, 203 Impact Protection for the Driver From

the Steering Control System, 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, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212

Windshield Retention, 214 Side Door Strength, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,

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: (a) Substitution of a lens

marked ``Brake'' for a lens with an ECE symbol on the brake failure

indicator lamp; (b) recalibration of the speedometer/odometer from

kilometers to miles per hour, or replacement of the speedometer/

odometer with the U.S.-model component.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) replacement of the headlamp assemblies with the U.S.-

model component and installation of U.S.-model retaining rings and

wiring harness; (b) installation of a high mounted stop lamp.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

Standard No. 111 Rearview Mirror: required warning statement must

be permanently etched onto the face of the passenger side rearview

mirror.

Standard No. 114 Theft Protection: installation of a warning buzzer

microswitch and a warning buzzer in the ignition switch.

Standard No. 115 Vehicle Identification Number: installation of a

VIN plate that can be read from outside the left windshield pillar, and

a VIN reference label on the edge of the door or latch post nearest the

driver.

Standard No. 208 Occupant Crash Protection: (a) Replacement of the

driver's seat belt latch with one containing a seat belt warning

microswitch and installation of a seat belt warning system; (b)

installation of a U.S.-model passive restraint system. The petitioner

states that the modifications necessary to install such a restraint

system include replacement of the steering wheel with a U.S.-model

component, installation of a control unit with wiring harness and

contact support, installation of two vehicle impact sensors and

driver's and passenger's side air bags, and replacement of the

dashboard with one that incorporates driver's and passenger's side knee

bolsters. The petitioner further states the non-U.S. certified 1990

Porsche 944 S2 Cabriolet convertible is designed so that an air bag

system can be readily installed, without the need for structural

modifications. The petitioner also notes that the non-U.S. certified

1990 Porsche 944 S2 Cabriolet convertible is equipped with Type II seat

belts in all four seating positions, and that it complies with the

standard's requirements for rear seating positions.

Additionally, the petitioner states that U.S.-model shock absorbers

must be installed behind the front and rear bumpers to comply with the

Bumper Standard found in 49 CFR part 581.

Interested persons are invited to submit comments on the petition

described above. Comments should refer to the docket number and be

submitted to: Docket Station, National Highway Traffic Safety

Administration, Room 5109, 400 Seventh Street, SW., Washington, DC

20590. 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 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: November 2, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-27600 Filed 11-7-94; 8:45 am]

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