Receipt of Petition for Decision That Nonconforming 1994 Porsche 911 Carrera 2-Door Passenger Cars Are Eligible for Importation

Federal RegisterNov 21, 1994

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DEPARTMENT OF TRANSPORTATION

[Docket No. 94-102; Notice 1]

Receipt of Petition for Decision That Nonconforming 1994 Porsche

911 Carrera 2-Door Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1994 Porsche 911 Carrera 2-door passenger cars are eligible for

importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that a 1994

Porsche 911 Carrera 2-door passenger car 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 21,

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. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)

of the National Traffic and Motor Vehicle 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 Sates,

certified under 49 U.S.C. Sec. 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.

J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered

Importer 90-006) has petitioned NHTSA to decide whether 1994 Porsche

911 Carrera 2-door passenger cars are eligible for importation into the

United States. The vehicle which J.K. believes is substantially similar

is the 1994 Porsche 911 Carrera 2-door passenger car 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 1994 Porsche 911 Carrera 2-door passenger car 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.

J.K. submitted information with its petition intended to

demonstrate that the non-U.S. certified 1994 Porsche 911 Carrera 2-door

passenger car, 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

1994 Porsche 911 Carrera 2-door passenger car 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, 113 Hood Latch Systems, 116 Brake Fluid, 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.

Additionally, the petitioner states that the non-U.S. certified

1994 Porsche 911 Carrera 2-door passenger car complies with the Bumper

Standard found in 49 CFR Part 581.

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.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) Installation of U.S.-model headlamps and front

sidemarkers; (b) installation of U.S.-model taillamp assemblies which

incorporate rear sidemarkers; (c) 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: Replacement of the passenger side

rearview mirror with a U.S.-model component.

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

microswitch and a warning buzzer in the steering lock assembly.

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. 118 Power Window Systems: Installation of a relay in

the power window system so that the window transport is inoperative

when the ignition is switched off.

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

seat belt warning buzzer; (b) installation of a knee bolster to augment

the vehicle's air bag based passive restraint system, which otherwise

conforms to the standard. The petitioner claims that the manual lap and

shoulder belts installed on the vehicle bear the same part number as

U.S.-model components.

Interested persons are invited to submit comments on the petition

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

submitted to: Docket Section, 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 15, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-28653 Filed 11-18-94; 8:45 am]

BILLING CODE 4910-59-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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