83_FR_35195 83 FR 35053 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 Porsche Panamera Passenger Cars Are Eligible for Importation

83 FR 35053 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 Porsche Panamera Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 142 (July 24, 2018)

Page Range35053-35054
FR Document2018-15776

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that certain model year (MY) 2013 Porsche Panamera passenger cars (PCs) 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 MY 2013 Porsche Panamera PCs) and are capable of being readily altered to conform to the standards.

Federal Register, Volume 83 Issue 142 (Tuesday, July 24, 2018) 
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35053-35054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15776]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0011; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2013 Porsche Panamera Passenger Cars Are Eligible for 
Importation

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

ACTION: 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 
certain model year (MY) 2013 Porsche Panamera passenger cars (PCs) 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 MY 2013 Porsche 
Panamera PCs) and are capable of being readily altered to conform to 
the standards.

DATES: The closing date for comments on the petition is August 23, 
2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

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

SUPPLEMENTARY INFORMATION: 
    I. History: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that 
was not originally manufactured to conform to all applicable FMVSS (49 
CFR part 571) shall be refused admission into the United States unless 
NHTSA has decided that the motor vehicle is substantially similar to a 
motor vehicle

[[Page 35054]]

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 Processing of Petitions, 
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.
    II. Summary of Petition: J.K. Technologies, LLC (JK), of Baltimore, 
Maryland (Registered Importer R-90-006) has petitioned NHTSA to decide 
whether nonconforming MY 2013 Porsche Panamera PCs are eligible for 
importation into the United States. The vehicles that JK believes are 
substantially similar are MY 2013 Porsche Panamera PCs manufactured for 
sale in the United States, and certified by their manufacturer as 
conforming to all applicable FMVSS.
    The petitioner submitted information with its petition intended to 
demonstrate that the subject non-U.S.-certified vehicles as originally 
manufactured, conform to many applicable 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 the non-U.S.-certified MY 
2013 Porsche Panamera PCs, as originally manufactured, conform to: 
Standard Nos. 102 Transmission Shift Position Sequence, Starter 
Interlock, and Transmission Braking Effect, 103 Windshield Defrosting 
and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 
Brake Hoses, 113 Hood Latch System, 114 Theft Protection, 116 Motor 
Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof 
Panel Systems, 124 Accelerator Control Systems, 126 Electronic 
Stability Control Systems for Light Vehicles, 135 Light Vehicle Brake 
Systems, 138 Tire Pressure Monitoring Systems, 201 Occupant Protection 
in Interior Impact, 202a Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 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 subject non-U.S.-certified 
vehicles are capable of being readily altered to meet the following 
standards in the manners indicated:
    Standard No. 101 Controls and Displays: Replacement of the 
instrument cluster with the U.S.-model component and reprogramming of 
its software as described in the petition.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the headlamps, taillamps, and front and rear 
side markers with U.S.-model components. Reprogramming of the vehicle's 
software must also be performed to activate these systems.
    Standard No. 110 Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less: Installation of 
the required tire information placard.
    Standard No. 111 Rear Visibility: Replacement of the passenger side 
mirror with the U.S.-model, or inscription of the required warning 
statement on the face of the existing mirror.
    Standard No. 208 Occupant Crash Protection: Replacement of the 
seatbelt assemblies and the air bag control unit. In addition, 
replacement of the front passenger side seat weight sensing system--
including the sensor mat and seat cushion, airbag warning telltale, 
seat wiring harness, and sun visor. After installation of these 
components, the vehicle's software must be updated and correct 
installation and operation confirmed using an appropriate diagnostic 
programming tool as described in the petition. All air bag warning 
labels and owner manual inserts must be inspected for compliance with 
the requirements in the standard and added or replaced with U.S.-model 
versions if not already present on the vehicle.
    Standard No. 209 Seat Belt Assemblies: Replacement of seat belt 
assemblies with U.S.-certified components as previously stated under 
FMVSS No. 208.
    Standard No. 301 Fuel System Integrity: During installation of 
U.S.-model components and software as described in the petition to meet 
the requirements of the Environmental Protection Agency (EPA), the 
requirements of this standard will be complied with and maintained.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar to 
meet the requirements of 49 CFR part 565.
    III. Comments: All comments and supporting materials received 
before the close of business on the closing date indicated above will 
be filed in the docket and considered. To the extent possible, comments 
filed after the closing date will also be considered to the fullest 
extent possible and available for examination in the docket at the 
above addresses.
    Once the petition is granted or denied, notice of the decision will 
be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    This notice of receipt of the subject petition does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the petition. 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.

Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-15776 Filed 7-23-18; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 35053 Class III air brake test actually increases document, if submitted on behalf of an notice and may be submitted by any of the risk of equipment damage due to association, business, labor union, etc.). the following methods: vandalism/theft and increases the risk to In accordance with 5 U.S.C. 553(c), DOT • Mail: Send comments by mail the community due to blocked crossings solicits comments from the public to addressed to U.S. Department of and heavy pedestrian traffic south of the better inform its processes. DOT posts Transportation, Docket Operations, M– border in Nuevo Laredo. The these comments, without edit, including 30, West Building Ground Floor, Room Department of Homeland Security and any personal information the W12–140, 1200 New Jersey Avenue SE, CBP have said that trains coming to a commenter provides, to Washington, DC 20590. complete stop at the International www.regulations.gov, as described in • Hand Delivery: Deliver comments Border presents the greatest opportunity the system of records notice (DOT/ALL– by hand to U.S. Department of for theft, contraband and/or trespassers 14 FDMS), which can be reviewed at Transportation, Docket Operations, M– to gain access to trains entering the https://www.transportation.gov/privacy. 30, West Building Ground Floor, Room United States. KCSR states its requested See also https://www.regulations.gov/ W12–140, 1200 New Jersey Avenue SE, clarification to perform the elements of privacyNotice for the privacy notice of Washington, DC 20590. The Docket the Class III air brake test in Nuevo regulations.gov. Section is open on weekdays from 10 Laredo or Sanchez Yards would mitigate Issued in Washington, DC. a.m. to 5 p.m. except Federal Holidays. these public safety concerns. • Electronically: Submit comments Robert C. Lauby, A copy of the petition, as well as any electronically by logging onto the written communications concerning the Associate Administrator for Railroad Safety, Federal Docket Management System Chief Safety Officer. petition, is available for review online at (FDMS) website at https:// www.regulations.gov and in person at [FR Doc. 2018–15795 Filed 7–23–18; 8:45 am] www.regulations.gov/. Follow the online the U.S. Department of Transportation’s BILLING CODE 4910–06–P instructions for submitting comments. (DOT) Docket Operations Facility, 1200 • Comments may also be faxed to New Jersey Avenue SE, W12–140, (202) 493–2251. Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION Comments must be written in the Operations Facility is open from 9 a.m. National Highway Traffic Safety English language, and be no greater than to 5 p.m., Monday through Friday, Administration 15 pages in length, although there is no except Federal Holidays. limit to the length of necessary Interested parties are invited to attachments to the comments. If [Docket No. NHTSA–2018–0011; Notice 1] participate in these proceedings by comments are submitted in hard copy submitting written views, data, or Notice of Receipt of Petition for form, please ensure that two copies are comments. FRA does not anticipate Decision That Nonconforming Model provided. If you wish to receive scheduling a public hearing in Year 2013 Porsche Panamera confirmation that comments you have connection with these proceedings since Passenger Cars Are Eligible for submitted by mail were received, please the facts do not appear to warrant a Importation enclose a stamped, self-addressed hearing. If any interested parties desire postcard with the comments. Note that an opportunity for oral comment and a AGENCY: National Highway Traffic all comments received will be posted public hearing, they should notify FRA, Safety Administration (NHTSA), without change to https:// in writing, before the end of the Department of Transportation (DOT). www.regulations.gov, including any comment period and specify the basis ACTION: Receipt of petition. personal information provided. for their request. All comments, background All communications concerning these SUMMARY: This document announces documentation, and supporting proceedings should identify the receipt by the National Highway Traffic materials submitted to the docket may appropriate docket number and may be Safety Administration (NHTSA) of a be viewed by anyone at the address and submitted by any of the following petition for a decision that certain times given above. The documents may methods: model year (MY) 2013 Porsche also be viewed on the internet at https:// • Website: http:// Panamera passenger cars (PCs) that were www.regulations.gov by following the www.regulations.gov. Follow the online not originally manufactured to comply online instructions for accessing the instructions for submitting comments. with all applicable Federal motor dockets. The docket ID number for this • Fax: 202–493–2251. vehicle safety standards (FMVSS) are petition is shown in the heading of this • Mail: Docket Operations Facility, eligible for importation into the United notice. U.S. Department of Transportation, 1200 States because they are substantially DOT’s complete Privacy Act New Jersey Avenue SE, W12–140, similar to vehicles that were originally Statement is available for review in a Washington, DC 20590. manufactured for sale in the United Federal Register notice published on • Hand Delivery: 1200 New Jersey States and that were certified by their April 11, 2000, (65 FR 19477–78). Avenue SE, Room W12–140, manufacturer as complying with the Washington, DC 20590, between 9 a.m. FOR FURTHER INFORMATION CONTACT: safety standards (the U.S.-certified George Stevens, Office of Vehicle Safety and 5 p.m., Monday through Friday, version of the MY 2013 Porsche except Federal Holidays. Compliance, NHTSA, telephone (202) Panamera PCs) and are capable of being 366–5308. Communications received by August readily altered to conform to the 23, 2018 will be considered by FRA SUPPLEMENTARY INFORMATION: standards. jstallworth on DSKBBY8HB2PROD with NOTICES before final action is taken. Comments I. History: Under 49 U.S.C. received after that date will be DATES: The closing date for comments 30141(a)(1)(A), a motor vehicle that was considered if practicable. on the petition is August 23, 2018. not originally manufactured to conform Anyone can search the electronic ADDRESSES: Interested persons are to all applicable FMVSS (49 CFR part form of any written communications invited to submit written data, views, 571) shall be refused admission into the and comments received into any of our and arguments on this petition. United States unless NHTSA has dockets by the name of the individual Comments must refer to the docket and decided that the motor vehicle is submitting the comment (or signing the notice number cited in the title of this substantially similar to a motor vehicle VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1

35054 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices originally manufactured for importation Seat Belt Assembly Anchorages, 212 requirements of this standard will be into and sale in the United States, Windshield Mounting, 214 Side Impact complied with and maintained. certified under 49 U.S.C. 30115, and of Protection, 216 Roof Crush Resistance, The petitioner additionally states that the same model year as the model of the 219 Windshield Zone Intrusion, 225 a vehicle identification plate must be motor vehicle to be compared, and is Child Restraint Anchorage Systems, and affixed to the vehicle near the left capable of being readily altered to 302 Flammability of Interior Materials. windshield pillar to meet the conform to all applicable FMVSS. The petitioner also contends that the requirements of 49 CFR part 565. Petitions for eligibility decisions may subject non-U.S.-certified vehicles are III. Comments: All comments and be submitted by either manufacturers or capable of being readily altered to meet supporting materials received before the importers who have registered with the following standards in the manners close of business on the closing date NHTSA pursuant to 49 CFR part 592. As indicated: indicated above will be filed in the specified in 49 CFR 593.7 Processing of Standard No. 101 Controls and docket and considered. To the extent Petitions, NHTSA publishes notice in Displays: Replacement of the instrument possible, comments filed after the the Federal Register of each petition cluster with the U.S.-model component closing date will also be considered to that it receives, and affords interested and reprogramming of its software as the fullest extent possible and available persons an opportunity to comment on described in the petition. for examination in the docket at the the petition. At the close of the Standard No. 108 Lamps, Reflective above addresses. comment period, NHTSA decides, on Devices and Associated Equipment: Once the petition is granted or the basis of the petition and any Replacement of the headlamps, denied, notice of the decision will be comments that it has received, whether taillamps, and front and rear side published in the Federal Register the vehicle is eligible for importation. markers with U.S.-model components. pursuant to the authority indicated at The agency then publishes this decision Reprogramming of the vehicle’s the end of this notice. in the Federal Register. software must also be performed to This notice of receipt of the subject II. Summary of Petition: J.K. petition does not represent any agency activate these systems. Technologies, LLC (JK), of Baltimore, decision or other exercise of judgment Standard No. 110 Tire Selection and Maryland (Registered Importer R–90– concerning the merits of the petition. Rims and Motor Home/Recreation 006) has petitioned NHTSA to decide Notice of final action on the petition Vehicle Trailer Load Carrying Capacity whether nonconforming MY 2013 will be published in the Federal Information for Motor Vehicles with a Porsche Panamera PCs are eligible for Register pursuant to the authority GVWR of 4,536 Kilograms (10,000 importation into the United States. The indicated below. vehicles that JK believes are Pounds) or Less: Installation of the substantially similar are MY 2013 required tire information placard. Authority: 49 U.S.C. 30141(a)(1)(A), Porsche Panamera PCs manufactured for Standard No. 111 Rear Visibility: (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation Replacement of the passenger side of authority at 49 CFR 1.95 and 501.8. sale in the United States, and certified by their manufacturer as conforming to mirror with the U.S.-model, or Michael A. Cole, all applicable FMVSS. inscription of the required warning Acting Director, Office of Vehicle Safety The petitioner submitted information statement on the face of the existing Compliance. with its petition intended to mirror. [FR Doc. 2018–15776 Filed 7–23–18; 8:45 am] demonstrate that the subject non-U.S.- Standard No. 208 Occupant Crash BILLING CODE 4910–59–P certified vehicles as originally Protection: Replacement of the seatbelt manufactured, conform to many assemblies and the air bag control unit. applicable FMVSS in the same manner In addition, replacement of the front DEPARTMENT OF TRANSPORTATION as their U.S.-certified counterparts, or passenger side seat weight sensing system—including the sensor mat and [Docket No. DOT–OST–2011–0177] are capable of being readily altered to conform to those standards. seat cushion, airbag warning telltale, seat wiring harness, and sun visor. After Notice of Submission of Proposed Specifically, the petitioner claims that installation of these components, the Information Collections to OMB; the non-U.S.-certified MY 2013 Porsche vehicle’s software must be updated and Agency Request for Renewal of Panamera PCs, as originally correct installation and operation Previously Approved Information manufactured, conform to: Standard confirmed using an appropriate Collections: Nondiscrimination on the Nos. 102 Transmission Shift Position diagnostic programming tool as Basis of Disability in Air Travel Sequence, Starter Interlock, and Transmission Braking Effect, 103 described in the petition. All air bag AGENCY: Office of the Secretary, Windshield Defrosting and Defogging warning labels and owner manual Department of Transportation. Systems, 104 Windshield Wiping and inserts must be inspected for ACTION: Notice and request for Washing Systems, 106 Brake Hoses, 113 compliance with the requirements in comments. Hood Latch System, 114 Theft the standard and added or replaced with Protection, 116 Motor Vehicle Brake U.S.-model versions if not already SUMMARY: In accordance with the Fluids, 118 Power-Operated Window, present on the vehicle. Paperwork Reduction Act of 1995, this Partition, and Roof Panel Systems, 124 Standard No. 209 Seat Belt notice announces that the Department of Accelerator Control Systems, 126 Assemblies: Replacement of seat belt Transportation’s (Department or DOT) Electronic Stability Control Systems for assemblies with U.S.-certified Office of the Secretary (OST) is Light Vehicles, 135 Light Vehicle Brake components as previously stated under submitting a request to the Office of jstallworth on DSKBBY8HB2PROD with NOTICES Systems, 138 Tire Pressure Monitoring FMVSS No. 208. Management and Budget (OMB) for Systems, 201 Occupant Protection in Standard No. 301 Fuel System renewal of the OMB control number Interior Impact, 202a Head Restraints, Integrity: During installation of U.S.- 2105–0571, titled Nondiscrimination on 204 Steering Control Rearward model components and software as the Basis of Disability in Air Travel, for Displacement, 205 Glazing Materials, described in the petition to meet the the information collections described 206 Door Locks and Door Retention requirements of the Environmental below. On April 18, 2018, the Components, 207 Seating Systems, 210 Protection Agency (EPA), the Department published a Federal VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1


Document Created: 2018-07-24 00:10:23
Document Modified: 2018-07-24 00:10:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is August 23, 2018.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5308.
FR Citation83 FR 35053 
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