Daily Rules, Proposed Rules, and Notices of the Federal Government
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
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
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—
Standard No. 108—
Standard No. 110—
Standard No. 111—
Standard No. 114—
Standard No. 118—
Standard No. 138—
Standard No. 208—
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—
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
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.