Notice of Receipt of Petition for Decision That Nonconforming 2009 Porsche Cayenne S Multipurpose Passenger Vehicles Are Eligible for Importation

Topics:  Porsche Cayenne

Claude H. Harris
National Highway Traffic Safety Administration
November 13, 2012

[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67732-67733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27512]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0150, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2009 Porsche Cayenne S Multipurpose Passenger Vehicles Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 2009 Porsche Cayenne S multipurpose passenger vehicles 
(MPV) that were not originally manufactured to comply with all 
applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible 
for importation into the United States because they are substantially 
similar to vehicles that were originally manufactured for 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 
2009 Porsche Cayenne S MPV) and they are capable of being readily 
altered to conform to the standards.

DATES: The closing date for comments on the petition is December 13, 
2012.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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.
    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

[[Page 67733]]

received, whether the vehicle is eligible for importation. The agency 
then publishes this decision in the Federal Register.
    G&K Automotive Conversion, Inc. (G&K), of Santa Ana, California 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
nonconforming 2009 Porsche Cayenne S MPV's are eligible for importation 
into the United States. The vehicles which G&K believes are 
substantially similar are 2009 Porsche Cayenne S MPV's that were 
manufactured for sale in the United States and certified by their 
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 
nonconforming 2009 Porsche Cayenne S MPV's to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    G&K submitted information with its petition intended to demonstrate 
that non-U.S. certified 2009 Porsche Cayenne S MPV's as originally 
manufactured, conform to many FMVSS in the same manner as their U.S. 
certified counterparts, or are capable of being readily altered to 
conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2009 
Porsche Cayenne S MPV's are identical to their U.S. certified 
counterparts with respect to compliance with Standard Nos. 102 
Transmission Shift Lever Sequence, Starter Interlock, and Transmission 
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New 
Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 
124 Accelerator Control Systems, 135 Light Vehicle 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 Mounting, 
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, 225 Child Restraint Anchorage Systems, and 302 
Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101--Controls Telltales, and Indicators: (a) 
Inscription of the word ``brake'' on the brake failure indicator lamp 
in place of the international ECE warning symbol; and (b) replacement 
of the speedometer with a unit reading in miles per hour, or 
modification of the existing speedometer so that it reads in miles per 
hour.
    Standard No. 108--Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model front and rear side marker 
assemblies.
    Standard No. 110--Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less: Installation of a tire 
information placard.
    Standard No. 111--Rearview Mirrors: Replacement of the passenger 
side rearview mirror with a U.S.-model mirror, or inscription of the 
required warning statement on the face of the existing mirror.
    Standard No. 114--Theft Protection: Reprogramming of the instrument 
cluster to activate the warning buzzer whenever the key is left in the 
ignition and the driver's door is opened.
    Standard No. 118--Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S.-model software to ensure that the power-
operated window system meets the requirements of this standard.
    Standard No. 138--Tire Pressure Monitoring Systems: Installation of 
U.S.-model components and software to ensure that the system meets the 
requirements of this standard.
    Standard No. 208--Occupant Crash Protection: Petitioner claims that 
the passive restraint system hardware in the nonconforming 2009 Porsche 
Cayenne S is identical to that found on the U.S.-certified 2009 Porsche 
Cayenne S, and has included a comparison of the advanced air bag 
component part numbers in its petition as proof. The petitioner also 
states that the software and firmware associated with the occupant 
protection system must be verified and updated with U.S.-version 
software as necessary to ensure that the system conforms to the 
standard. This may require the replacement of system components.
    The petitioner additionally states that it will provide any owner's 
manual inserts that are required by this standard but not present in 
the vehicle.
    Standard No. 301--Fuel System Integrity: Inspection of all vehicles 
and replacement of any non U.S.-model fuel system components with U.S.-
model components.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR Part 565.
    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 addresses 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: November 5, 2012.
Claude H. Harris,
Director Office of Vehicle Safety Compliance.
[FR Doc. 2012-27512 Filed 11-9-12; 8:45 am]
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